By clicking on the Membership Application you acknowledge and agree that you have read these Terms and Conditions, understand them, and agree to be legally bound by them.
Summary of Monthly Tasting, Wine Bottle Offer and Renewal/ Cancellation /Refund Terms:
Monthly Membership Tastings Expire at the end of each month.
Monthly Bottles of Wine must be claimed at our locations in no greater quantity than 6 bottles per week maximum. At the discretion of Moretti’s Wine Club, bottle subscriptions in months after the month earned are subject to wine availability; alternative varieties may be provided. Bottle pickup eligibility expires 12 months after the month the bottle was earned.
All memberships renew on the first of the month and can be cancelled any time during the month prior to final month of membership by contacting our Customer Service Team via email at email@example.com and receiving confirmation via email. SEE DETAILS BELOW
No refunds on payments already processed are available.
1. Membership Benefits Accounts: Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members are entitled to receive designated monthly wines (chosen at the sole discretion of Moretti’s) and additional Club member benefits as provided from time to time by Moretti's. Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Club membership, and accounts under the same name and address will automatically be combined. Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, benefits and communications may be based on geographic location, Club participation, information supplied by the member or the volume or type of purchases made by a member. You must present your Moretti's Wine Club membership number with every transaction in order to assure accurate tracking of your membership benefits. In order to be eligible for membership benefits your account must be (1) open, (2) in good standing and (3) current membership fees must have been paid. Abuse of Club membership (for example, by failing to follow the Terms, allowing others to use your membership number or other improper conduct as determined by Moretti's in its sole discretion) may result in termination of your membership and disqualify you from future Club participation. In the event your membership credentials are lost, stolen or used without your authorization, immediately notify Member Services at firstname.lastname@example.org to have your account deactivated and, if you desire, replacement credentials issued. At the same time, you should also immediately alert the issuer of the form of payment to which your Club membership is linked. In the event of any issues or discrepancies regarding membership benefits, Member Services must be notified within 90 days of your original transaction by emailing email@example.com.
2. Monthly Wine Availability: All Club members acknowledge that the selected monthly wines provided to Club members are limited in quantities and may not always be available at the time of your pick-up or delivery, especially in the event that you do not pick up your wine in the month for which such wine was offered. In all cases, Moretti's, in its sole discretion, may substitute another wine for any wine that is no longer reasonably available, without any adjustment or refund. In addition, certain Club members may select and receive available alternative wine varieties different from the monthly selected wine based on Club membership and time of wine offer redemption.
All fees for Club memberships and associated charges, such as shipping charges and other related charges, are automatically billed to your credit card. If your membership is a monthly membership with in-store pickup, fees are charged on the third Monday of the month preceding the month when the wine is available for pickup. If you have purchased a gift membership, the fees for the entire period of the gift membership are charged up-front. All fees charged, including for gift memberships, are non-refundable except as expressly set forth in these Terms. Notwithstanding when fees are billed to a member, all Club benefits are activated promptly following registration in the Club, except that a member will not receive his or her monthly (if picked up in store) or quarterly (if shipped) wine(s) until the next month or quarter (as applicable) after registration.
Membership Term, Changes and Renewal: All memberships, except for gift memberships, which last for the specified term of the membership purchased, are on a month to month basis, and your membership automatically renews each month on the third Monday of the month preceding the month when the wine is available for pickup ("charge out date"). If you wish to cancel your membership, you must let us know by sending an email to firstname.lastname@example.org at least three business (3) days before the charge out date of the month preceding the month for which your cancellation is to be effective, and any fees already charged for any membership, including any periodic fees, are non-refundable. In addition, it is your responsibility to inform Moretti's of any changes to your membership record and information. Changes to your membership account and information, other than cancellations, may be submitted online through the Member Information page available under the Wine Club tab on the Website, in person at one of our stores or by contacting Member Services at email@example.com. All cancellations may only be submitted by contacting Member Services at firstname.lastname@example.org. All changes, including cancellations, must be received at least five (5) days prior to any charge in order to be effective to avoid that charge or shipment. Fees will be due for any cancellations or changes not submitted prior to the Club's processing time for a particular charge or shipment, as specified above.
Limitations; Legal Compliance: Member discounts and benefits may not be valid with other special offers or discounts offered by our stores. Member benefits are non-transferable. All goods, services and benefits provided by Moretti's, including wines, are only provided where and in such ways as Moretti's is licensed to provide such goods, services and benefits. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. Wines will be provided or delivered only to persons who are at least 21 years old. In joining the Club, you represent to Moretti's that you are at least 21 years old and the person to whom delivery of any wine will be made is 21 or older. When your wine is picked up, the person receiving the product will be required to show identification proving Club membership and that he or she is at least 21 years old. Wines provided or delivered by the Club are not for resale and are for personal consumption only. Moretti's has the right to terminate or suspend the Club, or your membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.
Unavoidable Delay: In the event of any circumstances outside of the control of Moretti's and which prevent, hinder or delay Moretti's from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, disease outbreaks, epidemics or pandemics, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping, Moretti's’s obligations will be suspended for the term of such event or Moretti's may elect to cancel the Club or Club membership for the affected members.
Disclaimer: YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY Moretti's AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Moretti's AND ANY OF ITS EMPLOYEES, AGENTS, OR PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Moretti's OR ANY OF ITS EMPLOYEES, AGENTS OR PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Moretti's HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF Moretti's FOR CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (US$250.00) OR THE AMOUNT YOU PAID FOR PRODUCT AND CLUB MEMBERSHIP DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. YOU ACKNOWLEDGE THAT Moretti's WOULD NOT PROVIDE MEMBERSHIP IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
By joining the Club, you agree to defend, indemnify, and hold harmless Moretti's and its affiliates, and their respective owners, officers, directors, employees, representatives and agents, from and against any and all losses, claims, demands, actions, suits, or other proceeding brought by a third party, and associated losses, liability, penalties, damages, costs and expenses that arise out of or relate to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership
Personal Information: You authorize Moretti's to send you marketing communications and special offers as part of your membership benefits. To change your Marketing Preferences, please visit the Member Information page available under the Wine Club tab on the Website. If you are concerned about the information you have provided to Moretti's, or have any questions regarding the retention of that information, please visit the Member Information page available under the Wine Club tab on the Website or contact Member Services at email@example.com. Moretti's will make reasonable efforts to resolve any concerns.
Governing Law; Venue: These Terms are governed by the substantive laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Cook County, Illinois with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Miscellaneous: If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Moretti's with respect to your membership in the Club and the goods, services and benefits provided by Moretti's and related to the Club.
Change in Terms: These Terms shall remain in full force and effect while you are a member of the Club, and only Moretti's may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. Moretti's may make any such changes at any time, with or without notice, even though such changes may affect the value of benefits already accumulated, the value of the rewards and/or the time of redemptions. Provided, however, that any revision shall not apply to disputes of which Moretti's had notice on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit the Wine Club Terms & Conditions page available under the Wine Club Benefits tab on the Website.
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2330 Hammond Drive, Suite G
Schaumburg Il 60173