Terms and Conditions
If you can't find what you're looking for right here call us on 1-800-673-4718 or e-mail firstname.lastname@example.org
- The small print
- Shipping and Returns
- User Generated Content
- 'Naked Me' and My Account
- Naked Angels
- The Waiting List
- Limitation of Liability
The small print
- These Terms and Conditions apply only in the United States.
- By using this site you swear and affirm that you are over the age of 21. Without exception, every person using the site or receiving a shipment of alcoholic beverages must be over the age of 21. Parents: consider installation of a commercially available parental control service or program to prevent access to age-restricted content.
- Any alcohol purchased via NakedWines.com must be for personal consumption and not for resale.
- When you give NakedWines.com your credit or debit card details you are confirming that you are the card holder or have permission from the card holder to use the card on this website. For your own safety we reserve the right to contact your card issuer for the purposes of carrying out security checks.
- No payment will be taken from your card unless the goods you have ordered are dispatched, or your monthly Angel payment (if appropriate) is due.
- We reserve the right to cancel any orders that cannot be fulfilled for any reason. If your order is cancelled we will contact you to explain why and refund any money you have paid us for that order.
- NakedWines.com makes every effort to ensure that the information on this website is accurate and current; however NakedWines.com provides this web site and its contents on an "as is" basis and it makes no and expressly disclaims all representations or warranties of any kind with respect to this website and its contents. NakedWines.com also reserves the right to change price and availability information without notice. NakedWines.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or discount, or containing any other incorrect information or typographical errors.
- If for some reason your exact order cannot be fulfilled, we reserve the right to substitute up to 3 bottles with similar wines of at least the same value as the wine you ordered. If we need to substitute more than 3 bottles in any one order we will put your order on hold and contact you for further instructions.
- You agree not to do the following while using the NakedWines.com website: a) Intentionally or unintentionally violate any applicable law or regulation or b) access, tamper with, or use nonpublic areas of the NakedWines.com site or NakedWines.com's computer systems.
- The NakedWines.com website may contain links to other web sites or resources. You acknowledge and agree that NakedWines.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the NakedWines.com website does not imply that NakedWines.com endorses the linked site.
- NakedWines.com will give you any necessary notices by posting them on the NakedWines.com site or by sending them to you by electronic mail, at NakedWines.com's election. NakedWines.com reserves the right to update these terms and conditions, with no notice to you, at any time.
- DMCA notifications can be sent to email@example.com.
- All design, text, graphics, the selection and arrangement thereof, and all software are Copyright 2014 NakedWines.com, Inc., ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this site for the sole purpose of using this website as a shopping resource. Any other use of materials on this website without the prior written permission of NakedWines.com is strictly prohibited.
Shipping and Returns
We aim to deliver to mainland United States in 2-6 business days. For mainland United States orders that are less than $100, we ship for $9.99 via FedEx, GSO or UPS. Delivery is included with each purchase of $100 or more except for Alaska and Hawaii where there is no delivery included. Alaska and Hawaii also take longer and delivery costs $130 and $70 per package respectively. Sorry guys, but hey, you live in paradise so there is compensation.
We currently ship to Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. Product availability varies by state and certain states are subject to volume limitations (details about your state's shipping laws can be found here.) We don't ship to counties or cities where wine shipping is prohibited, and we don't ship to these states at all:
Alabama, Arkansas, Delaware, Kentucky, Mississippi, Ohio, Oklahoma, Rhode Island, Utah
We do our best to make sure shipments arrive quickly and in good condition. For that reason, if the weather is too hot or too cold, we may delay shipment until conditions are more favorable. We will keep you notified if this happens.
Proof of age — we can deliver only to people aged 21 and over, so our drivers will require valid ID.
If your order goes missing, or is damaged, between dispatch and delivery, we will send you a replacement order as soon as we can. If we are unable to dispatch replacement goods within 7 days we will offer you a full refund.
In almost all states, if you're not happy with the wine, the service or anything else, just email us firstname.lastname@example.org and we will refund you the price you paid. As a general rule we will require return of the bottles you haven't drunk yet. Unless you tell us otherwise, we will credit your NakedWines.com account. If we feel that you are taking advantage of us, we reserve the right to close your account and banish you from NakedWines.com for ever and ever. In NJ, it's more complicated because this state won't even allow us to do simple things like cancel orders or return shipments. For help, please call us at 1-800-673-4718.
Any NakedWines.com promotions, discounts or vouchers are single use only and not to be used in conjunction with any other promotion, discount or voucher unless otherwise stated.
If you are lucky enough to receive one of our discount vouchers, here's how they work:
- Before you get spending, you have to register with us first, which includes registering your credit/debit card details, so we can verify your age and eligibility and take down your delivery details.
- The discount vouchers are for first time customers only, and it's one voucher per person (we can't give wine away I'm afraid!) You can register and redeem the voucher online, but if you have any problems or issues, you can call 1-800-673-4718 or email email@example.com.
- No membership is required - you are not required to join any type of wine club to redeem!
- There may be some wines that the vouchers cannot be used against, but we'll make it clear when that is the case. There are also some states where we can't redeem the vouchers. Again, we'll make it clear when that is the case.
- Be sure to read the terms and conditions on the promotion carefully. We operate on a fair use policy. We honor promotions honestly obtained, but reserve the right to close your account(s!) if we suspect that you are downloading promotions from a promotion site or otherwise reproducing them, even if you set up multiple accounts in the names of your pet hamsters. It is just not fair to us or our other customers.
- The promotional value is not refundable.
We cannot honor vouchers in: IN, MA, MI, MO, NC, TX, VT, VA, WV & HI — sorry, but your legislators want you to pay more for your wine.
User Generated Content
If you post a comment on any of the public walls around the site, or provide a product review or rating, your comments will be in the public domain and therefore will be visible to anyone who visits the site. Therefore, please don't say anything embarrassing, nasty or private.
Users may access their Naked Me page to update or delete their personal information and change their privacy settings. To do this simply log into the Naked Me section of the website and edit your profile.
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on the NakedWines.com website by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of NakedWines.com. NakedWines.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the NakedWines.com website by anyone other than authorized NakedWines.com's employees acting in their official capacities.
'Naked Me' and My Account
Ever wondered what 'Naked Me' is?
It's YOUR personal Naked page, with loads of cool, useful stuff - relevant to YOU!
On your Naked Me page you can:
- Rate your wines, so we can recommend others you'll love (AND tell you what to avoid)
- Find your REAL friends who are already drinking Naked
- Check your NakedWines.com account (see below)
- Check to see what Naked Groups you belong to
- Post a message to all your buddies (via your wall)
PLUS we'll post other personal recommendations, alerts and invitations.
You can access your personal Naked Account page from within 'Naked Me'.
In your account you can:
- Update personal details like address details and card details
- Change the amount you pay into your NakedWines.com account every month
- Connect to Facebook and Twitter
- Update your email preferences
PLUS you can check:
- Previous orders
- Account balance and account history
All you need to do is use the drop-down menu at the top of your 'Account' page.
- By becoming a Naked Angel, you help to support talented winemakers making delicious wines.
- You become an Angel by agreeing to save at least $40 into your NakedWines.com Account ("Account") towards your next order, yours to spend on any wines available in your state, whenever you want. You are not required to spend your Account balance in any given month, and you can let your balance accrue until you want to purchase wine.
- In return for your support of the Angel program, you get preferential pricing at least 40% (and up to 60%) off of NakedWines.com's already great prices every time you order (i.e., you pay the Angel Price rather than the normal price listed next to each product).
- There is no obligation to order whatsoever. You decide when you want to order (if at all!) and what you want to order.
- Your first payment will be transferred from your registered credit or debit card when you become an Angel and monthly payments will be transferred from your registered credit or debit card on or around that date each month that you continue being an Angel (you can change your payment date on your Account page).
- If you place an order that totals more than the balance in your Account, then we will charge your registered debit/credit card for the difference.
- There are a handful of highly-discounted wines for which there is no additional Angel discount, which we will make clear.
The Waiting List
I'm on the waiting list, are there any conditions?
There are no additional conditions. If you join the waiting list, you can leave at any point (although it means you'll be put to the back of the line if you want to join again). We'll email you during your time on the waiting list to confirm your place on the list, remind you how it works, and let you know when your membership is due to start. Remember, once you become an Angel, you can cancel and get any unspent money back for any reason.
Sometimes, customers will receive reward material (for example a voucher or wine) when joining the waiting list. Additional conditions concerning these one-time rewards will be made clear at the time they are given.
While on the waiting list, customers will not have Angel privileges such as buying wines at 40-60% off or access to Angel exclusive wines. These privileges will commence when customers move from the waiting list to being Angels and making payments into their NakedWines.com account
Limitation of Liability
Your use of the NakedWines.com website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of the website. NakedWines.com and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the NakedWines.com website. In no event shall NakedWines.com and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the NakedWines.com website, the use or performance of the NakedWines.com website, the delay or inability to use the NakedWines.com website, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the NakedWines.com website, or otherwise arising out of the use of the NakedWines.com website, whether based on contract, tort, negligence, strict liability or otherwise, even if NakedWines.com or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the NakedWines.com website, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the NakedWines.com website. This sole and exclusive remedy is separate and independent of any other provision that limits NakedWines.com's liability or your remedies.
NakedWines.com shall be excused from performance under these Terms of Service if NakedWines.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of NakedWines.com.
Terms of Service Updated: May 1 2012
INFORMATION WE COLLECT
When you register with the Website, you can elect to provide us with contact information, such as your name, physical and electronic address, phone number, and other similar contact details to receive information and updates on our products and services, as well as those of our subsidiaries, affiliates, and parent companies and any of their related businesses as well as those of our third-party partners. By providing registration information, you agree that your name and address, but no other registration information, may be provided to third parties for marketing purposes in accordance with Section II below. We use return email addresses to answer the email that we receive, and we may use return email to send you other information. Such addresses are not used for any other purpose. You can opt out of allowing us to provide your name and address to third parties by visting your contact preferences.
When an order is placed or when a consumer enrolls in the Angel program, the Company requests data from users including: contact information such as name and shipping address; financial information such as credit card number, expiration date, billing address, and billing phone number. This information is used for billing purposes to verify that the customer is of legal age, and to fill customers' orders. If we encounter difficulty when processing an order, this contact information is used to contact the user. This information is harvested from a secure area and encrypted for our customers' protection. It is not sold or shared with anyone else under any circumstances, with the limited exception of order dates and amounts paid, which are shared only in accordance with section II below.
When visiting the Website, you may be asked questions, the answers to which are collected on an aggregate basis (i.e., the answers will not be stored in a manner that identifies them with you personally).
In addition to information that you provide us voluntarily, the Company may collect aggregate information in the form of IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers, the computers that "serve up" web pages, automatically identify your computer by its IP address. When you request a page from the Website, our servers log your IP address and certain other information, such as browser type, internet service provider (ISP), referring/exit pages, operating system, data/time stamp, and clickstream data. We do not link this automatically-collected data to any data that is personally identifiable to you. Although your Website session may be logged, the automatically-collected data will not reveal to us any personally identifiable information about you.
Cookies and Other Tracking Devices
Cookies and other user tracking devices (e.g., locally stored objects) may be stored in your computer's hard drive when you visit the Website. These tracking devices may also be used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. We do not use these devices to retrieve information from your computer that was not voluntarily provided by you. The use of these devices is an industry standard. Some of our business partners may also use these devices to provide us with anonymous data and information regarding the use of the Website. At your option, you may block or delete tracking devices from your hard drive. However, by disabling such tracking devices, you may not have access to the entire set of features of the Website. For information on how to disable and manage such tracking devices, visit http://www.aboutads.info/consumers/.
HOW WE USE AND SHARE THE INFORMATION COLLECTED
We may use information collected from you in the following ways:
We may use information for internal user activity and marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to the Website.
We may use your personal information in order to communicate with you about our products and services and those of our subsidiaries, affiliates, and parent companies and any of their related businesses and those of our third party partners.
By using the website, you agree that we may arrange for selected organizations to send you marketing and promotional information that may be of interest to you. Your name and address (but not your email address or phone number), as well as transaction information such as order dates and amounts paid for orders (but no private financial information) may be disclosed to these organizations. You can opt out of allowing us to provide this information by visiting us.nakedwines.com. In addition, we may share non-personal information with others, such as advertisers, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you.
Information that you post on or through the public areas of the Website (e.g., chat rooms, NakedMe, bulletin boards, and discussion groups) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the Website are encouraged to exercise caution when providing personal information about themselves in public or interactive areas.
In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
We may transfer your personal information to third parties under confidentiality obligations for the performance of services provided to us or in connection with the administration and support of the activities noted above (e.g., the administration of a marketing campaign).
We may disclose your personal information if permitted by law or required to do so by law or where we believe such action is necessary in order to protect or defend our interests or the interests of our customers or users of the Website.
Our policies and procedures limit access to personal information to those with a business reason to know such information. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the open communication nature of the Internet, we cannot represent, warrant, or guarantee that communications between you and us, or personal information stored on our servers, will be free from unauthorized access by third parties, loss, misuse, or alterations. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR UNAUTHORIZED ACCESS OR USE, OR COMPROMISE OF YOUR PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE. USERS ARE HEREBY ADVISED THAT THEY SUBMIT SUCH PERSONAL INFORMATION AT THEIR OWN RISK.
ACCESS TO, MODIFICATION OF, AND CORRECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
You may request that we provide you the information we hold about you, update your information, or ask us to remove your information, or to correct any inaccuracies in such personal data by sending an email to firstname.lastname@example.org. We will use reasonable efforts to deal with your request within a reasonable time.
The Website may include a referral service that allows you to tell a friend about the Website or certain content on the Website by submitting your friend's name and email address to us. We will automatically send your friend a one-time email inviting him or her to visit the Website. The Company stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at email@example.com to request that we remove this information from our database.
YOUR CALIFORNIA PRIVACY RIGHTS
Residents of the State of California have the right to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To obtain this information, you should send a request to firstname.lastname@example.org with the subject heading "California Privacy Rights." In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.
EFFECTIVE DATE OF POLICY