Terms and Conditions

Welcome to v5wines.com. The v5wines.com website is comprised of various web pages operated by Polar Bears & Rabbits Inc, DBA: V5 Wines herein (V5 Wines). v5wines.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of v5wines.com constitutes your agreement to all such Terms. Please read these terms carefully before using this website. If you do not agree to the terms and conditions, please do not use this website.

BY USING THIS WEBSITE, YOU MUST BE AT LEAST 21 YEARS OLD. IF YOU ARE NOT, OR IF YOU LIVE IN A COUNTRY WHERE THE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, DO NOT USE THIS WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY. BY USING THIS WEBSITE, YOU SWEAR AND AFFIRM THAT YOU ARE OVER THE AGE OF 21 AND YOU ARE PURCHASING SOLELY FOR PERSONAL CONSUMPTION AND NOT FOR RESALE. A VALID GOVERNMENT ISSUED ID MUST BE PRESENT UPON DELIVERY TO SIGN FOR THE PACKAGE.

CA Prop 65 Warning

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defect. For more information go to www.p65warnings.ca.gov/alcohol.

Privacy

Your use of v5wines.com is subject to V5 Wines’s Privacy Policy. Please review our Privacy Policy, which also governs the website and informs users of our data collection practices.

Electronic Communications

Visiting v5wines.com or sending emails to V5 Wines constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically and on the website, satisfy any legal requirements that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that V5 Wines is not responsible for third party access to your account that results from theft or misappropriation of your account. V5 Wines and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGIANST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and V5 Wines agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceedings.

Use of Site

As a condition of your use of the website, you warrant to V5 Wines that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

All content included as part of the website, such as trademarks, text, graphics, logos, images, or other intellectual property, as well as the compilation thereof, and any software used on the website, is the property of V5 Wines or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the website. V5 Wines content is not for resale. Your use of the website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of V5 Wines and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.

The website is controlled, operated, and maintained by V5 Wines from our office within the USA. If you access the website from a location outside the USA, you are responsible for compliance with all local laws and regulations. You agree to you will not use the V5 Wines content accessed through v5wines.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Shipping Information

All orders are subject to product availability and will be shipped according to our shipping policy, please review our Shipping Policy under Shipping & Return Policy. An adult over the age of 21 must be present to sign all packages. We do not deliver to P.O. Boxes or internationally.

Return Policy

All alcohol products to be returned only if the product spoiled or otherwise unfit for consumption. All returns are for store credit only under any circumstances. For more information, please review our Return Policy under Shipping & Return Policy.

Links, Third-Party Content and Monitoring

v5wines.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of V5 Wines and V5 Wines is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Sites, or any changes or updates to a Linked Sites. V5 Wines is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by V5 Wines of the site or any association with its operators. If you decide to leave the website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk.

Disclaimer of Warranties

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERROS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. V5 WINES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

V5 WINES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWRE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. V5 WINES AND/OR ITS SUPPLIERS HERBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability & Indemnity

TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL V5 WINES AND/OR OUR OFFICERS, DIRECTORS, AGENTS, AND THIRD PARTIES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSEVER INCLUDING, WITHOUT LIMITAION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGHT THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF V5WINES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITAION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISIFED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS V5 WINES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR RELATING TO YOUR USE THE WEBSITE OR SERVICES, OR INFORMATION REGARDING COMPANY PRODUCTS, OR YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, REGULATIONS. V5 WINES RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH V5 WINES IN ASSERTING ANY AVAILABLE DEFENSES.

Order Acceptance/Confirmation

Your receipt of electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. V5 Wines reserves the right at any time after receipt of your order to accept or reject or cancel your order for any reason, and/or to limit the quantity you ordered without giving any reason.

Errors/Mistakes

In the event that our product is mistakenly listed at an incorrect price, or typographical errors, V5 Wines reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the charge.

Termination/Access Restriction

V5 Wines reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you herby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and V5 Wines as a result of this agreement or use of the website. V5 Wines’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of V5 Wines’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by V5 Wines with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and V5 Wines with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and V5 Wines with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Notices

Prices and availability of products are subject to change without notice.

Warehouse: Santa Ana, CA

You may contact us by sending us an email to info@v5wines.com

Changes to Terms

V5 Wines reserves the right, in its sole discretion, to change the Terms under which v5wines.com is offered. The most current version of the Terms will supersede all previous versions. V5 Wines encourages you to periodically review the Terms to stay informed of our updates.