Terms And Conditions
General
Qorkz LLC, reserves the right to cancel and/or terminate any user’s account or order or refuse to do business with any user for any violation of these Terms & Conditions or other terms stated on Qorkz LLC site. Any fraudulent behavior, creating of multiple accounts, spamming, flaming, excessive use of profanity or abusive language, either on Qorkz LLC or any other website in regards to Qorkz LLC, will be grounds for termination by Qorkz LLC. By using the Qorkz LLC Marketplace, you accept and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms & Conditions or our Privacy Policy, please do not use the Qorkz LLC Marketplace.
Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult present to sign for all wine shipments. A valid government-issued ID may be required upon delivery.
Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries or retailers who receive all orders. Orders placed through the Qorkz LLC Marketplace are between the user and the winery directly. The winery may accept or refuse any User’s order at their own discretion. Any orders refused by the Winery will be refunded to the User.
Risk of Loss
All items purchased from Qorkz LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
A person age 21 or older must be preset to sign for a shipment at the time of delivery. Failure to do so will result in the shipments being returned to the sender. IN THE EVENT OF A RETURNED SHIPMENT, QORKZ LLC WILL REFUND THE PURCHASE PRICE OF THE ORDER MINUS ANY SHIPPING AND HANDLING CHARGES INCURRED DURING THE TRANSACTION PROCESS. SHIPPING AND HANDLING CHARGES INCLUDE CHARGES INCURRED TO SHIP THE PRODUCT TO THE USER, STORAGE FEES CHARGED TO HOLD ANY SHIPMENTS, AND CHARGES INCURRED TO SHIP THE PRODUCT BACK TO THE WINERY. THE USER SHALL RECEIVE NOTIFICATIONS OF FAILED DELIVERY ATTEMPTS AT THE EMAIL PROVIDED AT THE TIME OF CHECKOUT.
Age Restriction
You must be at least 21 years of age to use www.Qorkz.com and purchase alcohol through Qorkz LLC. Proof of age shall be required at time of delivery.
Refunds
Qorkz LLC will process refunds to the credit card used to make the refunded purchase. Qorkz LLC will provide refunds for all orders cancelled by the winery for any reason. For wine that was returned due to a failed delivery attempt, a refund of the purchase price minus shipping and handling charges will be provided.
Privacy
A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by Qorkz LLC is located here Qorkz LLC Privacy Policy. You consent to any personal information we may obtain about you being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.
Copyright
All content included on or made available through any Qorkz LLC sites, such as text, graphics, logos, images, audio clips, video clips, digital downloads, and data compilations are the property of Qorkz LLC or its content suppliers and protected by United States and international copyright laws.
Trademarks
The trademarks displayed on the Qorkz LLC site are the registered and unregistered trademarks and trade dress of Qorkz LLC and its licensors. Qorkz LLC's trademarks and trade dress may not be used in connection with any product or service that is not Qorkz LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Qorkz LLC. All other trademarks not owned by Qorkz LLC that appear in any Qorkz LLC service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Qorkz LLC.
Copyright Trademark Complaints
Qorkz LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please contact Qorkz LLC with a description of the work you believe has been infringed upon and Qorkz LLC will address it.
Membership
You may become a Qorkz LLC club member by providing the requested registration information and submitting it to Qorkz LLC through our site. By becoming a member and providing your membership and credit card information, you authorize Qorkz LLC to charge your credit card (including shipping and any applicable tax) for each monthly/quarterly/yearly Qorkz LLC wine shipment you have selected. Please notify us at east five (5) days prior to any shipment to update your account, change your address or to cancel club membership.
Shipment
Wine will be shipped to the shipping address provided at checkout by means of air freight, temperature controlled ground shipping or equivalent. The wineries may take up to 15-days to process and ship the order. Orders not processed in the 15-day time window will be cancelled by Qorkz and a refund provided. Any shipping expectations such as 2-day- shipping shall begin from the time of order processing by the winery and not order placement. Once an order is processed, a confirmation and shipping tracking number will be issued to you at the e-mail provided at the time of checkout.
Membership Termination
You may cancel your Qorkz LLC membership at any time by contacting Qorkz LLC through www.Qorkz.com. Qorkz LLC may terminate your membership and refuse any and all current or future use of Qorkz LLC or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Qorkz LLC determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Qorkz LLC determines, in its sole discretion, that you are using your Qorkz LLC membership in a manner not permitted by these Terms of Service, or (4) in other circumstances, as Qorkz LLC deems appropriate in its sole discretion.
Links to Third-Party Websites
The Qorkz LLC site contains links to third-party websites. These links are provided for your convenience only. Qorkz LLC has no control over third-party websites and we cannot be responsible for the content of such websites or the privacy practices of third parties. If you decide to access any of the third-party websites linked to the Qorkz LLC site, you do so entirely at your own risk and subject to such websites’ terms and conditions and privacy policies.
Disclaimer of Warranties
THE QORKZ LLC SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND QORKZ LLC HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER QORKZ LLC NOR ANY PERSON ASSOCIATED WITH QORKZ LLC MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER QORKZ LLC NOR ANYONE ASSOCIATED WITH QORKZ LLC REPRESENTS OR WARRANTS THAT THE SITES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Enjoyment of Product
Qorkz LLC in no way guarantees that what you purchase through www.qorkz.com will meet your flavor expectations and will not offer refunds for purchases that did not meet flavor expectations or for failed enjoyment.
Limitation of Liability
IN NO EVENT WILL QORKZ LLC, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITES AND THE CONTENT IS AT YOUR SOLE RISK.
Indemnification
You agree to defend, indemnify and hold harmless Qorkz LLC and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms & Conditions or your use of the Qorkz LLC site.
United States Only
Unless otherwise specified, the Qorkz LLC site is presented solely for the purpose of promoting products and services available in the United States. Qorkz LLC makes no representation that the Qorkz LLC’s sites are appropriate or available for use in other locations. If you access a Qorkz LLC site from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
Governing Law and Jurisdiction
These Terms & Conditions and any dispute or claim arising out of or related to these Terms & Conditions, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms & Conditions or the Qorkz LLC sites shall be instituted exclusively in the federal or state courts located in San Francisco, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of these Terms & Conditions by Qorkz LLC shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Qorkz LLC to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms & Conditions will continue in full force and effect.
Entire Agreement
These Terms & Conditions and the Privacy Policy constitute the sole and entire agreement between you and Qorkz LLC with respect to the Qorkz LLC sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Modifications
We may, at any time, revise or modify these Terms & Conditions or impose new conditions for use of the Qorkz LLC sites. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Qorkz LLC sites. Any use of a Qorkz LLC site by you after such notice shall be deemed to constitute acceptance of such changes.
Contact Information
If you have questions or comments about these Terms & Conditions or the Qorkz LLC sites, please write, or email us via the contact information below:
Qorkz LLC
P.O. Box 640135
San Francisco, CA 94164
Email:Info@Qorkz.com