1.0 INTRODUCTION
Welcome to our website, www.dcanterwines.com! We're so pleased that you've visited our Site. We hope you're finding everything that you need easily. Please review these Terms and Conditions carefully as they affect how you interact with our Site.
This website, DCanterWines.com, is owned and operated by Midagra, LLC dba "DCanter." This website, any individual websites we have now or may have in the future, and any links contained within or otherwise available through external hyperlinks within this website shall collectively be referred to as our "Site." By using our Site and any services offered on our Site, you agree to these Terms and Conditions, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. Please be sure to read our Frequently Asked Questions and Privacy Policy in addition to these Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Site or any information or materials contained on this Site. Your use of this Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein.
2.0 PRODUCT PURCHASES MADE ONLINE, IN-STORE, OR VIA CONCIERGE BY DCANTER
2.1 Age Certification & Adult Signature
By making a purchase on DCanterWines.com or through Concierge by DCanter, you certify that you are at least twenty-one (21) years of age. DCanter reserves the right to deny service to anyone who cannot provide verification of his or her age upon request. All deliveries of alcoholic products purchased from DCanterWines.com or through Concierge by DCanter must be signed for and received by an individual who is at least twenty-one (21) years of age. If you cannot provide verification of age at the time of attempted delivery, you will still be responsible for full payment of all shipping costs incurred in the attempted delivery and return of the alcoholic products ordered, unless otherwise agreed upon by you and DCanter as part of a DCanter program or service.
2.2 Transactions
DCanter relies upon a network of independent vendors ("Vendors") who assist in providing services to you, including shipping and third party credit card processing. If you purchase any product or service made available to you (a "Transaction") you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting this information, you grant to DCanter and Vendor the right to provide this information to third parties for purposes of completing Transactions by you or on your behalf. In connection with each Transaction, you represent that (i) you have the legal right to use any credit card(s) utilized in connection with any transaction, (ii) you may purchase and receive the products ordered in compliance with all applicable laws, including alcoholic beverage control laws of the jurisdiction in which you reside, and (iii) the products will be used only in a lawful manner. DCanter reserves the right to refuse to continue or to refund any transaction made that does not appear to abide by these terms and conditions.
2.3 Delivery/Shipping of Alcohol Goods
Not all states or jurisdictions allow alcoholic products to be shipped into them. DCanter will not ship to jurisdictions that do not allow for the delivery of alcoholic products. Please review our SHIPPING POLICY for additional information.
2.4 Delivery/Shipping of Non-Alcohol Goods
We can ship all of our non-wine items, such as gift baskets, books, gift certificates and accessories to all 50 states. We do not ship any items internationally and also cannot ship to US territories or APO/FPO addresses.
2.5 Taxes
DCanter will collect alcohol and sales taxes as required by the laws of the District of Columbia.
2.6 Inclement Weather
Weather conditions such as extreme heat or freezing temperatures across the country can create challenges for shipping wine. When temperatures while in transit could adversely affect your wine order, we reserve the right to delay shipment of your purchase until more favorable weather conditions for shipping wine exist.
2.7 Flawed or Damaged Goods
DCanter stands behind the quality of all the products that we sell. If you open a bottle and find that it is defective (corked, oxidized, otherwise spoiled), we will gladly exchange (not refund) it for a bottle of equal or greater value. If you exchange an item for one of greater value, you will be asked to provide the retail price difference, along with any applicable taxes, at the time of the exchange. We do not issue store credit. Since we cannot control how bottles are stored once they leave our possession, we will only accept defective bottles for exchange within fifteen (15) days of purchase. Items to be returned are subject to evaluation by our staff and must be accompanied by the original sales receipt. Unused, unopened, and undamaged accessories and books may be returned for a full refund within 30 days of purchase. After thirty (30) days, accessories and books are no longer eligible for a refund. Your item(s) must be accompanied by the original sales receipt.
2.8 Vintage Substitutions
On rare occasions, a chosen vintage of a wine may sell out or be replaced by a new release after your order is placed. With bottles of wine listed under $20, we will automatically substitute the wine with the next vintage. For wines sold at $20 or more, we will notify you of the vintage change and provide the opportunity to cancel the order before shipping. We will only substitute with a vintage for the same type, varietal, and winery.
2.9 Re-Stocking of Un-Delivered or Wines Not Picked Up After 30 Days for Purchase
We do not offer wine storage services. Any wines purchased must be picked up or delivery needs to be coordinated within thirty (30) days of purchase. After thirty (30) days and we have not heard from you or your wines have not been picked up or delivery coordinated, we will re-stock the wines. We do not offer refunds or exchanges for wines that have been purchased but never picked up or delivered, and we reserve the right to charge a re-stocking fee of $25.00 for each order that needs to be re-stocked.
3.0 CONCIERGE BY DCANTER
3.1 Monthly Payment and Concierge Service Benefits
Concierge by DCanter is a monthly, personalized wine shopping and delivery service that caters to your unique taste, budget, and lifestyle (hereafter "Service"). Through Concierge by DCanter, you will have a wine expert and personal sommelier to hand-select wines for you based on your taste and budget preferences. You can choose to receive either three (3), six (6), or twelve (12) bottles monthly and agree to pay $25 each month for the Service in addition to the cost of the wines that are curated for you. The Service fee of $25 each month is charged during the month of curation, upon signing up for the service, for your first Concierge case, and then on the 1st day of each month moving forward. The Service fee is credited back to you when you make a purchase of 6 or more wines for your regular monthly Concierge case. The Concierge fee cannot be credited back to you for in-store or online purchases. Your Service also includes unlimited delivery in case you want to order more wines from DCanter beyond your regular monthly Concierge case, whether online or in-store or through your wine concierge. Additional wines ordered outside of your regularly scheduled delivery will not include tasting notes or Concierge by DCanter packaging. In addition, your Service includes access to weekend wine tastings held at DCanter as well as exclusive events held just for Concierge clients.
3.2 Delivery Policy
DCanter allows for the option to pick up wines in-store during posted business hours and offers delivery for the Concierge service during the following hours each week (days may change to accommodate Federal Holidays and inclement weather):
Monday, 6:00 PM - 9:00 PM
Tuesday, 2:00 PM - 5:00 PM or 6:00 PM – 9:00 PM
Wednesday, 2:00 PM - 5:00 PM or 6:00 PM – 9:00 PM
Thursday, 2:00 PM - 5:00 PM or 6:00 PM – 9:00 PM
Saturday, 9:00 AM – 12:00 PM
We are unable to accommodate requests for a specific time within the delivery window. Please note that DC and Virginia alcohol beverage laws require an individual aged 21 years or older to be present to sign for the alcohol delivery. If you know that you are unable to receive your wines during your designated delivery window, please contact your wine concierge to reschedule your delivery. If we were not able to obtain a signature and deliver the Concierge case, your wine concierge will be in touch to reschedule a new time for delivery or pick-up. Two (2) total delivery attempts will be made, after which you will be subject to a $10 delivery charge should you choose to schedule another attempt for delivery. This delivery policy applies to additional wine orders outside of your regular monthly Concierge case.
3.3 Referral Incentives - Give $25, Get $25
Why not share the Concierge experience with friends and family? Each time you refer someone and they sign up for the Concierge service, you get $25 towards your next Concierge case and they get $25 towards their first Concierge case! To get credit, simply tell your friends and family to indicate your name in the "Promo Code" field when they sign up for the service. After all, wine is best when it is shared!
3.4 Refunds and Exchanges
We spend time, effort, and inventory resources to ensure that wines are properly curated to your taste and budget preferences and that you have information about each wine through the personalized tasting notes. Therefore, we do not allow refunds for wines that have already been curated for you. If you need to reschedule your regular monthly delivery, please notify your wine concierge within six (6) days of the feedback survey that you were emailed. If we do not hear from you about your intent to reschedule within the six (6) days of reaching out to you to get feedback on the wines that were curated for you from the previous month, your wine concierge will hand-select wines, prepare your Concierge case, and you will be charged the associated costs.
DCanter stands behind the quality of all the products that we sell. If you open a bottle and find that it is defective (corked, oxidized, otherwise spoiled), we will gladly exchange (not refund) it for a bottle of equal or greater value. If you exchange an item for one of greater value, you will be asked to provide the retail price difference, along with any applicable taxes, at the time of the exchange. We do not issue store credit. Since we cannot control how bottles are stored once they leave our possession, we will only accept defective bottles for exchange within fifteen (15) days of purchase. Items to be returned are subject to evaluation by our staff and must be accompanied by the original sales receipt.
3.5 Rescheduling Your Monthly Curation
Each month, prior to curating your next Concierge case, your wine concierge will send an email requesting feedback on the wines that were curated for you and whether you have any changes to your taste or budget preferences for your next curation. You will be provided with a deadline date to make any changes, including your preference to reschedule or forgo your monthly case. If your wine concierge does not hear from you by the deadline date, your wines will be curated and you will be charged for the wines.
If you choose to forgo or "skip" your monthly curation, know that we are still working for you -- maintaining your account, finding wines for your next Concierge case, developing your tasting notes and feedback survey, among other things. There is a cost to maintaining your Concierge account, which is why you are billed $25 each month for this service (note that the fee is waived for purchases of 6 or more wines). If you need to take an extended pause (3 months or more) from the Service, please inquire about our deactivation policy (Section 3.6 below). If you no longer wish to use the service and fully terminate your account, please cancel your account by notifying your wine concierge via email or contacting DCanter at 202-817-3803 or [email protected]. If you cancel your account after the 1st of the month, your account will be canceled by the following month. You will still be accountable for the $25 Concierge fee on the month that you cancel if you do so after the 1st of the month. Wines will not be curated for you in the month that you cancel the service.
If you do not provide your preferences or indicate the changes to your service by the deadline date, your wines will be curated and you will be charged for the wines.
3.6 Temporarily Deactivating Your Account
If unforeseen circumstances prevent you from utilizing your Concierge by DCanter benefits for three (3) or more months, you may temporarily deactivate your service. When deactivating your account, it is required that you indicate the desired date for resumed service, at which time your wine concierge will reactivate your account and reach out to schedule your next delivery/pick-up. While your account is deactivated, Concierge by DCanter benefits including access to unlimited delivery, curation, and complimentary in-store tastings will not be available. There is no fee for deactivating your account, and you will not be charged the Concierge service fee during the deactivation period. However, a valid card must be on file. Clients are limited to one deactivation period per year. If you opt to deactivate your account after the 1st of the month, your deactivation period will begin the following month. For example, if you submit your deactivation request on January 2, your deactivation period will begin on February 1. Should you choose to deactivate, you must submit a written request via email to your wine concierge or [email protected] prior to the deadline date for making changes to your service that is noted in the feedback email sent to you prior to your next curation.
If you choose to reschedule or forgo "skip" your monthly curation outside of the designated deactivation period, your account will be subject to Concierge by DCanter terms and conditions. We cannot fulfill requests sent via fax, telephone, post, or verbal discussion. Please review section 3.5 above for more information about rescheduling or skipping your regular monthly curation.
3.7 Ending Your Relationship With Concierge by DCanter
The Terms will continue to apply until terminated by either you or DCanter as set out below:
A. If you want to terminate your legal agreement with DCanter in your participation as a client of the Service, you may do so by notifying your wine concierge via email or contacting DCanter at [email protected].
Cancellations will take effect in the month after the month you canceled. For example, if you cancel at any point in January, your Service will be terminated in February. While you may not choose to receive a regularly curated Concierge case during the month that you canceled, you are still able to utilize other Concierge benefits of unlimited delivery and weekend in-store tastings.
B. DCanter may, at any time, terminate its agreement with you for any reason, including if:
You breach any provision of the Terms (or act in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
DCanter is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
A partner with whom DCanter offered the Services to you has terminated its relationship with DCanter or ceased to offer the Services; or
The provision of the Services to you by DCanter is, in DCanter's opinion, no longer commercially viable.
C. When these Terms come to an end, all of the legal rights, obligations, liabilities that you and DCanter have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely shall be unaffected by this cessation.
4.0 CLASSES AND TASTING EVENTS HOSTED BY DCANTER
4.1 Class Attendance and Cancellation Policy
Attendees have a 15 minute grace period. Arrival more than 15 minutes after the start of a class/event does not guarantee you a seat. You remain responsible for the payment of the class. Please plan ahead and aim to make the class/event on time. Cancellations by attendees are allowed up to 48 hours prior to the class/event start time to receive a full refund. Cancellations made by attendees within 48 hours of the class/event will be charged in full and are not eligible for store credit or class credit.
4.2 Cancellations Due to Inclement Weather or States of Emergency
If the Federal Government or the DC Public School system announces an unplanned closure, DCanter will reschedule the class. Attendees will receive an email notifying them of the cancellation, date and time of rescheduled class, and any other necessary information.
5.0 GENERAL LEGAL TERMS
5.1 Limitation of Liability
In addition to other limitations and exclusions in DCanterWines.com’s terms of service, in no event will we or our directors, officers, employees, agents, or other representatives be liable for any direct, indirect, consequential, or punitive damages, or any other damages of any kind, arising out of or related to our services. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the amount paid for products purchased directly via DCanterWines.com or through Concierge by DCanter. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive completion, cancellation, or termination of any and all sales agreements made via DCanterWines.com or through Concierge by DCanter.
5.2 Changes to Terms & Conditions
These Terms and Conditions may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
Updated: August 11, 2023