Terms of service

TERMS AND CONDITIONS FOR THE ACCESS AND USE OF GOODSOMM SITES, MEMBERSHIPS AND SALES

The following terms and conditions (“Terms”) constitute a binding agreement between you and GoodSomm LLC its affiliates, and its and their parent and subsidiary companies (collectively, “GoodSomm,” “we,” or “us”) with respect to your access and use of this website and any other GoodSomm-owned websites, micro-sites, and social media pages and accounts (collectively, “GoodSomm Sites”), and governs any access and use of such websites, any content and functionalities of it, and the provision of goods and/or services through the GoodSomm Sites and, particularly, through www.goodsomm.com. 

Please read these terms carefully before you start using the GoodSomm Sites. If you do not agree to these Terms, please do not use or access the GoodSomm Sites, content, functionalities or purchase any goods or services offered therein for any purpose. By using the GoodSomm Sites you accept and agree to the Terms and to be bound by them. 

Additional policies, terms, and conditions applicable to certain GoodSomm Products, specific areas of certain GoodSomm Sites, or to particular content or transactions, may also be posted in particular areas of certain GoodSomm Sites and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the GoodSomm Sites or applications will be controlled with respect to those particular areas.


  • USE OF GOODSOMM SITES
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    Geographic Restrictions

    GoodSomm is based in the State of Colorado in the United States. We provide the GoodSomm Sites for use only by persons located in the United States. We make no claims that the GoodSomm Sites or any of their content is accessible or appropriate outside of the United States. Access to the GoodSomm Sites may not be legal by certain persons or in certain countries. If you access the GoodSomm Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    Age

    You must be a resident in the United States of America, and at least 21 years of age to use the GoodSomm Sites and to purchase alcohol through the GoodSomm Sites or affiliates of GoodSomm. A valid government-issued ID may be required upon delivery. By using the GoodSomm Sites, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, please refrain from using this website and/or any GoodSomm Site. 

    Privacy

    Your use of the GoodSomm Sites, applications and  is subject to our Privacy Notice located at goodsomm.com/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by GoodSomm. Your submission of Personal Identifiable Information and Comments (as defined below) through the site is also governed by our Privacy Policy.

    Registration; Account; Guest Log-In

    To utilize our websites and purchase our Memberships (as defined below) and other services or products (collectively, the “GoodSomm Products”), you will be asked to register for a personal account with GoodSomm (an "Account"), or log in to the GoodSomm Sites as a guest (a "Guest Log-In"), follow the instructions provided by GoodSomm, and provide the requested personally identifiable information (i.e., name, phone number, email address, date of birth, and method of payment information) (collectively, the "PII").  You represent and warrant that all PII you provide in connection with registering your Account or using a Guest Log-In is complete and accurate, and that you are authorized to use the method of payment you provide in connection with your use of the GoodSomm Sites. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account.

    Availability

    We will not be liable if for any reason all or any part of the GoodSomm Sites is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the GoodSomm Sites or the entire GoodSomm Sites.

    Account Security

    You are responsible for maintaining the confidentiality of your Account username and/or password, and you are responsible for all activities under your Account that you can reasonably control. You may not share your password or other login information with any person. Any use of your Account by any person other than yourself is grounds for suspension or termination of your Account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the GoodSomm Products. You agree not to use the Account, username or password of any other account-holder at any time. GoodSomm will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.

    GoodSomm reserves the right to cancel and/or terminate any user’s Account for any violation of these Terms or other terms stated on GoodSomm Sites. Fraudulent behavior, spamming, flaming, excessive use of profanity or abusive language on GoodSomm Sites or any other website in regards to GoodSomm, or while contacting any of our services team, will not be tolerated.

    You further undertake to use the GoodSomm Sites for lawful purposes and in accordance with these Terms. You agree not to use the GoodSomm Sites to impersonate GoodSomm, a GoodSomm employee, another user or member, or any other person or entity. 

    Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the GoodSomm Sites. YOU WAIVE AND HOLD HARMLESS GOODSOMM, ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GOODSOMM DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GOODSOMM OR LAW ENFORCEMENT AUTHORITIES.

    However, we do not undertake to review all material before it is posted on the GoodSomm Sites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    Optional Tools

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of optional tools offered through the GoodSomm Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

    We may also, in the future, offer new services and/or features through the GoodSomm Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

    Third-Party Links

    Certain content, products and services available in the GoodSomm Sites may include materials from third-parties.

    Third-party links on the GoodSomm Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

    User Comments, Feedback And Other Submissions

    If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.

    We may, but have no obligation to, monitor, edit or remove Comments or any content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

    You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the GoodSomm Sites or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

    To the extent applicable, GoodSomm would be covered by the safe harbor and immunity set forth under the Digital Millennium Copyright Act and Section 230 of the Communications Decency Act.  Please be advised that parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors.

    Intellectual Property Rights

    The GoodSomm Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GoodSomm, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    These Terms permit you to use the GoodSomm Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the GoodSomm Sites, except for temporary copies stored by your computer and incidental to your access to the GoodSomm Sites and files automatically cached by your Web browser.

    You undertake not to modify or copy any materials from the GoodSomm Sites, use any illustrations, photographs, video or audio sequences, or any graphics taken from the GoodSomm Sites, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the GoodSomm Sites, access or use for any commercial purposes any part of the GoodSomm Sites or any services or materials available through them.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the GoodSomm Sites  in breach of these Terms, your right to use the GoodSomm Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the GoodSomm Sites or any content on them is transferred to you, and all rights not expressly granted are reserved by GoodSomm. Any use of the GoodSomm Sites  not expressly permitted herein is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

    Trademarks

    GoodSomm’s name, the term GoodSomm, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GoodSomm or licensors. You must not use such marks without the prior written permission of GoodSomm. All other names, logos, product and service names, designs, and slogans on the GoodSomm Sites are the trademarks of their respective owners.

    Reverse Engineering & Security

    You agree not to reverse engineering, or attempt to reverse engineer or disassemble any code or software from or on the GoodSomm Sites, and not to violate the security of the GoodSomm Sites through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

    Spam Policy

    You are strictly prohibited from using the GoodSomm Sites for illegal spam activities, including gathering email addresses and personal information from others or sending any mass emails.


  • MEMBERSHIP & SUBSCRIPTION TERMS AND CONDITIONS
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    Wine Club Membership

    As part of the services available to you, you will have the opportunity to register for GoodSomm memberships (each, a “Wine Club Membership” or “Membership”) by following the instructions on the applicable GoodSomm Site or promotional communication, including, without limitation, email communications or direct mailings. 

    Membership Information

    You may manage your Wine Club Membership by going to the "membership" section of your Account, where you will have the option to make modifications or changes including PII and change of address where your shipments will be delivered. 

    Your Membership also provides that during the year you may receive promotional offers from us and our brand partners, as applicable, for additional shipments of wine or products from a Licensed Retailer (as defined in Section 3 below), including, without limitation, GoodSomm’s optional bonus shipments such as holiday or seasonal shipments. These additional shipments are opt-in only and will not be billed or sent without your authorization. You will be notified by GoodSomm in advance of such promotional shipments, including, without limitation, the holiday shipments, and such communication will include the applicable terms of the offer, including the price, taxes and shipping charges. Terms of any such promotional offers may vary and all such offers are subject to availability.

    Membership Non Transferable

    GoodSomm relies on a strong community of members. As such memberships cannot be transferred or sold.

    Member’s benefits

    Your Wine Club Membership includes: 

    1. Monthly delivery to the delivery address set in your Account of 5 bottles of wine, curated by GoodSomm for that month (each, a “Monthly Selection”). 
    2. Exclusive discounts on additional wine and spirits selections through our retail partner(s).
    3. Access to GoodSomm’s library of educational videos to accompany each Monthly Selection of wines, plus extended library of wine knowledge.
    4. Exclusive access to live (online) events, including Q&A with GoodSomm’s Founder or a Wine Expert delegated by him.
    5. Discount access to events with GoodSomm’s Founder or a Wine Expert delegated by him.
    6. Access to GoodSomm’s online community for discussing wine and wine culture.
    7. Exclusive discounts on GoodSomm’s favorite brands.

    Your Membership may also include, at GoodSomm’s discretion, occasional surprise gifts and samples related to food, wine, travel, and other luxury experiences, and special releases and/or limited time offer opportunities

    Excluded from your Membership

    Your Membership does not include direct consulting services from GoodSomm’s experts and/or Erik Segelbaum (“GoodSomm’s Founder”), and/or any other entities owned by GoodSomm’s Founder.

    Your Membership does not include guaranteed access or discounts to third party events with GoodSomm’s Founder, including but not limited to Smithsonian partners events (discounts and giveaways possible, but not promised).

    Your Membership does not entitle you or enable you to act as a GoodSomm agent, nor does it grant you access or permission to sell or promote products or services to other GoodSomm members.

    Membership Payment Terms

    Payment of the first month of your GoodSomm Wine Club Membership is due upon enrollment. Your payment method will be stored securely on file pursuant to these Terms.

    Each month, on the 5th, your card on file will be billed automatically for your monthly Membership, shipping fees and any associated taxes (the “Billing Date”).  Failed payments will be retried for 5 days, with notifications sent via email to notify you that your payment is failing and must be updated. If payment of your Membership cannot be collected during those 5 days, you will not receive any benefits from your Membership, i.e. your Monthly Selection will NOT be shipped by GoodSomm.

    If we cannot successfully collect your monthly Membership payment for 2 months in a row, your Membership will be canceled automatically and you will lose all member benefits.

    Subscription, Renewal and Cancellation

    Once enrolled, you agree to a Membership that is automatically renewed every month. While enrolled, you retain access to all GoodSomm member benefits and resources.

    You acknowledge and agree that each Wine Club Membership, unless otherwise specified, continues indefinitely and you will continue to be charged unless and until you cancel your Membership or we suspend or terminate it in accordance with these Terms [and the specific Membership terms].

    At this time, we are unable to offer subscription pauses.

    Monthly subscriptions can be canceled by you if you provide notice of cancellation to GoodSomm prior to the next Billing Date. 

    Any cancellations notified to us after this period will be processed for the following month. If you miss the monthly cancellation deadline, delivery can be delayed by request but supplemental charges may occur (see Deliveries’ section below).

    [Canceling your Membership does not provide you a refund for Membership payments already processed, nor does it stop a pending charge. Your cancellation will go into effect for the following billing cycle.]

    If you wish to return to GoodSomm in the future, you must re-join the waitlist and will be added back in queue for future new Membership releases.

    REFUNDS CAN ONLY BE ISSUED TO YOUR ORIGINAL FORM OF PAYMENT.


  • SALES TERMS AND CONDITIONS
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    BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE GOODSOMM SITES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. 

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE GOODSOMM SITES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [NAME OF SELLER], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

    Products or Services

    Additional GoodSomm Products may be available exclusively online through the GoodSomm Sites. These products or services may have limited quantities and are only available to members of GoodSomm’s Memberships. 

    All descriptions of GoodSomm Products and/or its pricing are subject to change at any time without notice, at GoodSomm’s sole discretion. We reserve the right to discontinue GoodSomm at any time. In the event that GoodSomm must discontinue service, GoodSomm will, at our sole discretion, either: (a) fulfill any outstanding orders, and/or (ii) refund any pre-paid orders deemed unfulfillable. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

    All prices are subject to any applicable taxes according to federal and state laws. If your location can be determined, prices will be shown in your currency.  Availability, prices, and delivery rates are subject to change. There may be errors in the prices, descriptions, or images of certain merchandise, and we must reserve the right to adjust the price of those items.

    OUR ROLE IN YOUR PURCHASES OF ALCOHOL BEVERAGES THROUGH THE GOODSOMM SITES IS THAT OF A SERVICE PROVIDER THAT ENABLES YOU, THE CONSUMER, TO PURCHASE WINE AND RELATED PRODUCTS FROM RETAILERS AND WINERIES HOLDING VALID LICENSES ISSUED BY STATE ALCOHOL BEVERAGE AGENCIES ALLOWING FOR THE LEGAL SALE OF WINE (THE "LICENSED RETAILERS''). YOU ACKNOWLEDGE THAT ALL ORDERS OF WINE AND RELATED PRODUCTS YOU PLACE THROUGH THE USE OF THE GOODSOMM SITES ARE PROCESSED AND FULFILLED BY SUCH LICENSED RETAILERS, AS THE ACTUAL SELLERS OF WINE, AND NOT BY GOODSOMM. ANY WINE YOU PURCHASE THROUGH THE USE OF THE GOODSOMM WEBSITES AND FROM THE LICENSED RETAILERS MUST BE FOR PERSONAL CONSUMPTION ONLY AND NOT FOR RESALE.

    Accuracy of Billing Information 

    You agree to provide current, complete and accurate purchase and account information for all purchases made through our Membership subscription or our online stores [or those of our retail partners]. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    Order Placement and Rejection

    We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, direct competitors, resellers or distributors.

    Order Changes

    You must submit any changes to outstanding orders at least 2 days [prior to the date you are notified by GoodSomm that a shipment will be processed for delivery]. During holiday periods, you must submit any changes at least 7 days prior to [the date you are notified by GoodSomm that a shipment will be processed for delivery]. You can still contact us outside of this time frame and we will do our very best to accommodate you. However, we cannot guarantee we would accept the changes or provide refunds in these circumstances.

    Acceptance of GoodSomm Products

    All claims for damaged, spoiled, or missing shipments must be made within 7 days of confirmed delivery. 

    We retain the right to inspect any delivery that is the subject of a damage claim. If we request you to retain the delivery and packaging for inspection, you shall retain the delivery and packaging for inspection by us for a period of 14 days. Failure to retain the delivery and packaging for inspection may result in the claim being denied.

    Refunds Unavailable

    Due to the perishable nature of most of the items in our Monthly Selection and additional products, we are unable to accept returns for packages under any circumstances or process refunds.

    We are under no obligation to refund or credit you if you change your mind after an order has been placed, or if you do not like the theme of the Monthly Selection or otherwise deem the wines to be other than what you would normally purchase.

    Deliveries

    If you know that you will be away for an extended period of time, you can request a “Delivery Delay” with a specified date up to 30 days past the scheduled shipping date. We will hold your Membership box(es) until that date, at which point they will be shipped automatically. Delivery Delay requests initiated by you may result in additional fees.

    By accepting these Terms, you recognize that delays may occur that are beyond our control. We are not responsible for the consequences (direct or indirect) of a failure to deliver a delivery by a stipulated time. Nor are we responsible for failed deliveries due to incorrectly input address information in a customer’s Account profile or if multiple delivery attempts are made unsuccessfully as per the rules and conditions of our carrier.

    We are not responsible for any delay in delivery due to missed delivery attempts if you are not present or available at the time of delivery. In addition, wines not delivered on the first delivery attempt invalidate our quality guarantee as they may be subject to temperature stress. Packages that are not delivered in three delivery attempts will be returned. Orders that are refused or returned after three attempts will be subject to return shipping fees and will be refunded for the product only, less all return shipping fees and a product restocking fee of $25. Shipping charges will not be refunded. If you choose to have your package reshipped, you will be recharged the shipping fee. Incorrect addresses or address changes will be subject to a $19 charge per package as billed by our carrier.

    We reserve the right to hold shipments due to extreme weather or adverse shipping conditions. We will notify you of these changes and send appropriate follow up correspondence.

    Delivery Charges

    We reserve the right to discontinue, apply new, or modify existing, delivery charges at any time and from time to time. Unless otherwise indicated, any of the following delivery charges may be applied to any delivery:

    1. Beyond point - An additional charge will be applied where the origin or destination point is deemed by us to be remote or is not serviced directly by us. Please contact us by email for details.
    2. Redelivery Fees - Orders that are refused or returned after three attempts will be subject to return shipping fees and a product restocking fee of $25. Shipping charges will not be refunded. If you choose to have your package reshipped, you will be recharged the shipping fee. Incorrect addresses or address changes will be subject to a $19 charge per package as billed by our carrier.
    3. Redirect In Transit - An additional charge will be applied to any delivery requiring a change of delivery address while in transit, requested by either you or a gift recipient (if permitted*), with the requester having to pay the additional charge.

    Specialized Delivery Services

    Unless otherwise indicated, the following specialized delivery service charges may be added to any delivery for an additional charge. Other specialized services may be available upon request.

    If you are not available to accept a delivery attempt by one of our carriers, the delivery may be held at an authorized location for in-person pickup. Deliveries held for pickup will be held at the authorized location based on the terms and policies of said carrier. If you fail to pick up the delivery during this time, the package will be returned to our warehouse at your expense. In such circumstances, you will not be entitled to any refund as the items are not able to be resold. Additionally, you will be billed any and all return shipping charges due to your failure to pick up the shipment.

    Administrative Charges 

    We reserve the right to discontinue, apply new, or modify existing, administrative charges at any time and from time to time. 

    Unless otherwise indicated in writing (including by email) by GoodSomm, any of the following administrative charges may be applied to any orders placed with us:

    1. Address correction- An additional $10 charge may be applied per piece where the recipient’s address is incorrect, incomplete or illegible.

    1. Proof of Delivery - Unless otherwise specified in these Terms, we will provide electronic proof of delivery, where available, at no extra charge, by contacting our customer service department. An additional $25 charge will be applied if a customer requests, and is provided with, a hard copy proof of delivery.

    Lost and Undeliverable Packages

    We would not refund or credit you if the intended recipient of the Monthly Selection and/or any other GoodSomm products is not there to receive the package, or if incomplete or inaccurate address information was provided by you at the time the order was placed.

    We are not responsible for the loss of the packages dispatched by GoodSomm to you, or for any damages to them. You will be billed for any and all return shipping charges due to your failure to accept or pick up the items shipped by GoodSomm pursuant to your order.

    If we have proof of delivery from any professional courier, you will not be entitled to a refund. You accept the risk for lost and stolen packages.

    Force Majeure

    We are under no obligation to refund or credit a member or guest customer for any delivery charges, or for any loss, damage, delay, non-delivery, mis-delivery or failure to perform, caused by events beyond our control, including, but not limited to, any act, default or omission of the sender/customer, recipient or any party having an interest in the delivery, defects or inherent vice in the delivery, acts of God, perils of the air, weather conditions, mechanical delays, disruptions in air or ground transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labor disruptions (of any entity including vendors, suppliers or customers), terrorism, riots or civil commotion, acts of public authorities (including customs or health officials) with actual or apparent authority, customs clearance delays, import/export documentation deficiencies or deliveries requiring extraordinary handling, documentation or routing.

    Restrictions on sale of Alcohol Beverages

    GoodSomm and our Licensed Retailer partners are not permitted to sell alcoholic beverages to anyone under the age of 21. We will make every reasonable effort to ensure that alcoholic beverages are not delivered to anyone who is not yet 21 years of age. 

    By using this site you are representing to us (i) that you are at least 21 years old; (ii) that anything you may purchase through this site will be for your exclusive personal use and consumption; (iii) any beverages purchased from this site will not be delivered to anyone other then the purchaser; and, (iv) you will not transfer any alcoholic beverage purchased from this site to any person who is not 21 years old. We will make every reasonable effort to prohibit the use of this site by anyone who violates these Terms.

    Wine shipments in the U.S. are controlled and regulated by individual states. By placing an order, you authorize our retail partners to act on your behalf to engage a common carrier to deliver your order to you. We make no representations as to your legal rights to ship or import alcoholic beverages; you are solely responsible for complying with all applicable laws, obtaining all necessary licenses or permits, and paying all taxes associated with your shipment. Shipments within Washington DC are automatically subject to DC Sales tax (10.25%) You must be 21 years of age or older to purchase alcoholic beverages. An adult must be present upon delivery to sign for your package.

    Currently we ship alcohol beverages to all the United States EXCEPT FOR THE FOLLOWING STATES: Alabama, Delaware, Illinois, Iowa, Kentucky, Maine, Michigan, Mississippi, New Hampshire, New York, North Dakota, Oregon, Pennsylvania, South Dakota, Texas, Utah, and Vermont.

  • ABSENCE OF WARRANTIES; LIMITATION OF LIABILITY; DISPUTES
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    DISCLAIMER OF WARRANTIES

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the GoodSomm Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    THE GOODSOMM SITES AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE GOODSOMM SITES AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND GOODSOMM 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 GOODSOMM NOR ANY PERSON ASSOCIATED WITH GOODSOMM MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE GOODSOMM SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER GOODSOMM NOR ANYONE ASSOCIATED WITH GOODSOMM REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE GOODSOMM SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PROVIDED IN LAW, IN NO EVENT WILL GOODSOMM, 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, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, 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 GOODSOMM SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND GOODSOMM’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

    The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    INDEMNIFICATION

    You agree to defend, indemnify and hold harmless GoodSomm 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, your Comments, and/or your use of GoodSomm Sites, applications or services. You agree that GoodSomm shall be able to select its own legal counsel and may participate in its own defense, if GoodSomm wishes.

    DISPUTES

    READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND GOODSOMM MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

    Agreement to Arbitrate

    You and GoodSomm agree that any claim or dispute that has arisen or may arise between us relating in any way to this or previous versions of the Terms, your use of GoodSomm Sites, Applications or the GoodSomm Services, or to any products sold or distributed by GoodSomm or through GoodSomm Sites, applications or services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The arbitration would be final and binding under the Rules of Arbitration of the American Arbitration Association applying in Pennsylvania. 

    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

    The arbitration will be held in the state of Colorado.

    LIMITATION ON TIME TO FILE CLAIMS

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


  • MISCELLANEOUS
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    Entire Agreement

    The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Wine Club Membership or other GoodSomm Services constitutes the entire agreement and understanding between you and us and govern your use of the Website, and the purchase and use of Memberships and GoodSomm Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

    Governing Law

    These Terms and any separate agreements whereby we provide you the GoodSomm Products shall be governed by and construed in accordance with the internal laws of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

    Changes to these Terms & Conditions

    You can review the most current version of the Terms at any time at this page.

    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website and other GoodSomm Sites.  All such updates, changes and edits are effective immediately after being posted in the GoodSomm Sites. Any changes to the dispute resolution provisions will only apply prospectively. You are expected to check this page each time you access the GoodSomm Sites, or at least frequently, so that you can be aware of any changes to these Terms.  Your continued use of or access to our GoodSomm Sites following the posting of any changes to these Terms constitutes your knowledge and acceptance of those changes. 

    Contact Information; Notices

    Questions about the Terms & Conditions should be sent to our customer service department by email at: staff@goodsomm.com

    The GoodSomm Sites are operated by Goodsomm, LLC, 1312 17th Street  # 656 Denver, CO 80202. All notices should be sent to us to staff@goodsomm.com and 1312 17th Street  # 656 Denver, CO 80202. All other feedback, comments, requests, technical support and other communications related to the GoodSomm Sites should be directed to: staff@goodsomm.com.