Terms and Conditions

Terms and Conditions

(Version 1 – Jan/01/2023)

Applicable Terminology

• “The Wines Box”: When mentioned, reference is made to the Brand by which the Products or Services of the Company LOOKING SOUTH LLC incorporated in the United States, Florida are marketed.
• “Site”, “Web” or “Store”: Refer to ecommerce The Wines Box
• “User”, “Users” or “Customer”: Refers to all persons legally capable of contracting and/or purchasing the products and/or Services offered in the Store in accordance with the provisions of the applicable Legislation of each Country.
• “Parts”: Refers jointly to the Users and the Store
• “Payment Gateways”: Companies used by The Wines Box to carry out the payment transaction, which may be Stripe, PayPal or Authorize.Net

Please read carefully until the end the guidelines set by The Wine Box for the use of this Store, as well as inform you what data and information will be obtained through your registration and use of this Place.

This Annex of “Terms and Conditions“, “Privacy Policy“, “Cookies Policy“ and “Shipping and Delivery“ are mandatory and are expressly accepted by the User when using the Site. Each and every one of the access, use, visit, browsing, registration and/or purchasing activities that you carry out through the Site are subject to and governed by all the aforementioned Annexes. You accept that you have read and understood the Annexes and confirm and accept that you understand what is expressed in them, that if you do not understand any terminology you will contact, prior to carrying out any action of access, use, registration and/or purchases, info@thewinesbox.com making the queries that it considers necessary for the effective understanding of all the Annexes. By using the Site you release The Wines Box (Looking South LLC) from any wrongdoing by you due to lack of compliance or understanding.

Those who do not accept the mentioned Annexes must refrain from using the Site. The Wine Box informs that all the data that you provide will be subject to the mentioned Annexes. What is expressed in said Annexes will be applicable and will govern between the parties to be able to operate on the Site and/or make use of the services offered at www.thewinesbox.com

All those people who are capable of contracting in accordance with the provisions of the applicable Legislation of each Country may use the Store, those persons who do not have said legal capacity may not use the Store, failure to comply with this Rule is a fault on their part.

The Wines Box reserves the right to refuse any order, state and local policy governs all transactions, it only facilitates orders to adults over 21 years of age.

The validity of these Terms and Conditions will remain as long as they are published in the Store and may be modified without prior notice, which is why you accept that it is your responsibility to periodically review these Terms and Conditions. Any modification that is introduced will be valid as of its publication and the use of the Store after the modification implies the acceptance of said changes by the user.

This Store constitutes a virtual platform through which any user registered in it can buy the products that are offered and that are available, according to the conditions that are detailed below. The information contained therein does not imply recommendation or advice of any kind, being information of a general nature.

In the Store there may be links that allow the user to access third-party Stores, if such links exist, they cannot be interpreted as an association of any kind between the Store and said third parties.

The user declares to know that access to other Stores will imply submitting to their specific terms and conditions, which may be different from the present one.

Rules for the Use of the Store

The user agrees to the following rules:

Buy

In order to make purchases, the interested user must enter all the personal information that is required in order to be able to issue the corresponding invoice, invoice, receipt and/or receipt.
The user undertakes that the information provided at all times, either when making a purchase, and/or on any other occasion when information must be given, will be correct and reliable, committing to update it if necessary. and accepting full responsibility for any damages that could be caused by the inclusion of any incorrect or inaccurate information that it provides, including any expenses that The Wines Box may incur as a result thereof.
Likewise, the user acknowledges and accepts that the keys or passwords that he provides, if necessary, will be for personal use and undertakes not to disclose them.
In the event that the user detects the unauthorized use by a third party of his password, key or personal information, he is obliged to immediately notify The Wines Box of said circumstance.
The Store has been designed so that any registered consumer who complies with the applicable legislation in each country, can make purchases there can make purchases of the products offered therein subject to the stock available at the time of purchase. The user declares to know and accept that at the moment of confirming the operation carried out, it will constitute a purchase-sale operation, applying to them all the legal regulations corresponding to it.

Products

All published photos are illustrative and for reference only, and there may be variations in colors, sizes or references.
By making the purchase you accept that the product purchased is exclusively the one published in the Item Title and not in the displayed photo. If product changes are requested due to a purchase error, the costs will be borne by the Client and in no case will refunds be made for said product selection errors since it is the exclusive responsibility of the Client.
Likewise, the sizes expressed in each publication may vary by a “reasonable” percentage due to decisions or changes in the Packaging made by the Manufacturer.

Proteccion of Personal Data

To use the Services offered by the Store, Users must provide certain personal data.
Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological.
In our Store we understand the protection of personal data as an opportunity to generate value for our users.
By making responsible use of personal information, we not only protect the privacy of those who entrusted us with their data, but we also allow them to operate safely and confidently at The Wines Store.
Therefore, your privacy is very important to us and we strive to protect it.
Our Store is designed in order to be able to provide its services, therefore it treats, collects and in some cases, if necessary, reveals part of the necessary information (such as when shipments are made of purchases that are made by own services or from third parties), applying the highest commitment of responsibility and confidentiality to the data reported.

The protection of personal data is one of the bases of our Privacy Policy, giving your voluntary, express and informed consent is an essential requirement to be able to contract and/or have any kind of relationship with the Store.

The personal information that users enter in the Store is totally confidential and the best effort will be made to protect their privacy, however, the user must take into account that the Internet is not an impregnable medium in terms of its security.

The Store does not manage, transmit or store payment information on our servers. This information is processed by third-party payment processing companies with the highest security standards. You can read security information on the Stripe, PayPal or Authorize.Net websites. If the user considers that the security conditions are not appropriate, they must refrain from using the Store since by using it they accept these Terms and Conditions and exempt Sabor Latino from all responsibility.

In the event that the stored data is required by legal, administrative or judicial means, Sabor Latino will be forced to reveal it to the requesting authority. To the extent permitted by legislation and procedural rules, Sabor Latino will inform users about these requirements.

By simply registering in the Store, users accept that The Wines Box has the right to communicate with them by postal, telephone or electronic means and send information that the Company considers, in its sole discretion, that may be of interest to them, including advertising and information about offers and promotions.

If users do not wish to be contacted with these fines, they may clearly state this to Sabor Latino who will proceed to interrupt this type of communications in the shortest time possible.

Cookies

The Store can use a tracking system through “cookies”, so that access to information is carried out more quickly. It also helps in some cases to identify users, without having to ask them for the password over and over again.
These cookies are small files that the visited page sends and are stored on the computer’s hard drive, taking up little space. Users are informed that by using their browser options they may limit or restrict the hosting of these “cookies” at their will, although it is inadvisable to restrict them completely.
The system may collect information about your preferences and interests. In the event that this occurs, the information will be used exclusively for statistical purposes to improve the services provided in the Store.
The Wines Box will apply, to the greatest extent possible, information dissociation procedures so that the owners of the data are unidentifiable.

Stock Availability

The consumer declares to know that due to the dynamism of the Store and that many users may be carrying out operations at the same time, it may happen that at the time of completing the operation the product is no longer available.
Likewise, a purchase may not be completed based on the stock of merchandise available and/or because the transaction has not been approved by the issuer of the credit card with which the consumer operates and/or because the Store does not obtain approval. of the company contracted for this purpose for the purpose of evaluating the credit risk of the user, etc.
The aforementioned reasons have been listed merely as an example.
Likewise, the consumer acknowledges accepting that the Store may require additional information in order to be able to carry out the operation and, if it is not confirmed, the Store will notify the user of said circumstance by sending an email or telephone contact.
If the purchase is confirmed, the user will receive an email once the order has been placed.
If you do not receive any of the two aforementioned communications, you must contact Us by sending an email to info@thewinesbox.com
Since the marketing of products through the Store is for retail purposes, the Store reserves the right to limit the number of items that each user may purchase.
The Wines Box reserves the right to refuse any order, state and local policy governs all transactions.

 

Discounts and Promotions

The Store can carry out special promotions.
They may not be permanently valid, and will be published.
The different promotions that may be in force are not cumulative.
In the event of exceptions, this will be expressly established in the Store.

Shipping and Cost

Shipping and Cost information is available in our Shipping and Delivery section.

Payment Methods

The forms, means and payment gateways available will be detailed in the CheckOut of the Store, which may vary either due to bank requirements, payment gateways or by The Wine Box’s decision.

Sales Taxes 

All prices expressed in the Store DO NOT include sales taxes, which will be reflected at the time of payment when the order is finalized.

Import Taxes, Duties and Customs Fees 

If import taxes, tariffs and/or customs fees are applied, they are your sole responsibility. These will be paid by the recipient (buying user). The Wines Box has no control or management over them and we cannot predict if they will be applied. You are responsible for ensuring that the product can be legally imported into your country of residence, in all cases, the recipient (buyer user) is the importer and must comply with the laws and regulations of the Country of destination of the shipment.

Disclaimer

When you place an order with The Wines Box, you represent to us that you are at least 21 years of age and that the person to whom the order is being sent is also at least 21 years of age. All orders shipped by The Wines Box require an adult signature upon delivery.

All wines go from The Wines Box to the buyer in the Argentine Republic and the buyer assumes all responsibility for shipping to their Country/State. When selecting a wine shipping method, The Wines Box provides a service and acts on behalf of the buyer. By using this service of The Wines Box, the buyer represents that he acts in a manner that complies with the local and state laws of his Country of residence regarding the purchase, transportation, import and delivery of wine. The buyer declares that he has the required permits and will pay the necessary import taxes, duties and customs fees, and has the legal right to take possession of the wine and to take the requested quantities.

Currency

The prices expressed in the Store are expressed in American Dollars denoted by the symbol “$” or “U$” or “U$S”. However, and if due to any commercial need or better management of pricing policies, they are expressed in another currency, it will be clearly notified in the Store.

Policy of Changes and Returns

We accept changes or returns only in the event that the product purchased and received is defective or does not work. No exchanges of a product for a different one are made. Any exchange or return made where the reason is attributable to The Wine Box will be free of charge for the Client, however, anyone in which the reason is attributable to the Client will be at their expense, assuming the costs of Shipping and Commissions of the Payment Gateways.

Intellectual Property

The Store, the Web, its logos, design and all the material that appears in said Store are trademarks, domain names, commercial notices and commercial names property of their respective owners and are protected by international treaties and applicable laws regarding industrial property.

The copyrights on the content, organization, collection, compilation, information, logos, photographs, images, programs, applications, and in general any information contained or published in it are duly protected in favor of their respective owners and properly licensed, in accordance with the applicable legislation on intellectual and industrial property.

The user is expressly prohibited from modifying, altering or deleting, either totally or partially, the notices, brands, trade names, signs, advertisements, logos, photos, or in general any indication that refers to the ownership of the information contained. in the Store.

It is our policy to act against intellectual property violations that may be generated or originated as stipulated in the legislation and other applicable intellectual property laws, including the elimination or blocking of access to material that is subject to activities that infringe the intellectual property rights of third parties.

In the event that any user or third party considers that any of the contents found or entered in the Store and/or any of its services violate their intellectual property rights, they must send a notification to the following email address: info@thewinesbox.com indicating: i) true personal data (name, address, telephone number and email address of the claimant); ii) handwritten signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content(s) protected by the allegedly infringed intellectual property rights, as well as the location of said violations in the referred web Store; iv) express and clear statement that the introduction of the indicated content(s) has been carried out without the consent of the owner of the allegedly infringed intellectual property rights; v) express, clear statement and under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of said rights.

Additional Terms

Occasionally we can revise, update and/or add to the Terms and Conditions of Use of this contract additional provisions related to specific areas or new services that are provided in or through the Store which will be published in the corresponding Sections, the user acknowledges and accepts that said additional terms form an integral part of this contract for all legal effects that may apply.

Prohibitiones tu the user and responsibilities

It is strictly forbidden to exploit in any way the information acquired through the Store.

You may not reproduce the texts or images for purposes other than those exclusive to the object of purchase.

The User will be responsible for any act that derives from the use of the Store and that implies damage to The Wines Box or third parties and agrees to hold them harmless, with respect to and against any claim by third parties, derived from or related to the inappropriate use of the Store. or for the violation of these Terms and Conditions and their respective modifications, or that arises from said use and/or because of any comment published by the User in the Store.

In this sense, it is prohibited for the aforementioned to violate, violate and/or in any way affect the normal use and security of the Store, including, but not limited to:
a) access data that is not intended for that User or access a computer or account that they are not authorized to access;
b) try to probe, analyze or test the vulnerability of a system or a network or break security or authentication measures without proper authorization;
c) attempt to interfere with the service to any User, computer or network, including, without the following enumeration implying limitation, when it is done through the means of sending a virus to the Store, overloading, flooding (“flooding”) sending massive unsolicited messages (“spamming”) sending destructive codes (“mailbombing”) or canceling software instructions (“crashing”). Violations of system or network security may give rise to civil or criminal liability. The Wines Box will investigate events that may involve such violations and may involve cooperating with law enforcement authorities to prosecute Users who engage in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Store or any activities that take place in this Store.
d) send files or any type of information whose content is illegal, obscene, abusive, defamatory, insulting or contrary to good customs;
e) send files that contain viruses or any other characteristic capable of damaging the operation of a computer, either the Store or the system;
f) use the Store to violate any type of current regulation;
g) register under false information and make a purchase. Provide false data at any other time when any other type of information or personal data is required;
h) offer products or services;
i) use automatic or manual programs, software or devices to monitor or copy the information or any type of content from the Store without the prior consent of The Wines Box.

Ending

The Wines Box reserves the right, at its sole discretion, and without the need for notice or notification to the User, to a) Definitely terminate this contract and b) Discontinue or stop publishing the Store partially or permanently without any liability to The Wines Box, its affiliates and/or providers.

Subsistence

These Terms and Conditions of Use, as well as the additional terms, constitute the entire agreement between the parties, and supersedes any other agreement or contract entered into previously.

Any clause or provision of this contract, as well as of the additional terms, legally declared invalid, will be eliminated or modified at The Wines Box’s choice, in order to correct its vice or defect.

However, the rest of the clauses or provisions will maintain their force, obligation and validity.

Applicable Law, Jurisdiction and Competition

A large part of the conflicts can be resolved, therefore we invite you to contact us at info@thewinesbox.com before starting an official legal process, if there is a conflict that we cannot resolve, your options are limited to going to the courts of first instance or file a claim through binding arbitration.

You may not file the claim in another court or participate in a non-individual class action against us. Both you and The Wines Box accept the resolution given through a final and binding arbitration process.

If one party files a claim in court that must be submitted to arbitration and the other party rejects it, the other party may request that a court compel both parties to initiate such arbitration (binding arbitration).

Either party may request that a court stop a judicial proceeding while an arbitration proceeding is in progress.

Any dispute less than ten thousand US dollars ($10,000) must be resolved exclusively through a binding non-appearance arbitration process, the party selecting the arbitration will initiate the procedure by means of a demand for arbitration in the Arbitration Association of the United States ( AAA, from the English “American Arbitration Association”), the process being governed by the commercial arbitration rules (“Commercial Arbitration Rules”), the consumer due process protocol (“Consumer Due Process Protocol”) and the complementary dispute resolution procedures in consumer matters (“Supplementary Procedures for Resolution of Consumer-Related Disputes”) of the AAA.

The parties agree to the following rules:
(a) the arbitration will be conducted by telephone or online, at the option of the party seeking relief.
(b) the arbitration will not include the personal appearance of the parties or witnesses (unless the parties mutually agree otherwise); Y
(c) the arbitration award may be entered in any court of competent jurisdiction.

Disputes for claims greater than ten thousand dollars ($10,000) must be resolved by the AAA rules regarding whether hearings must be held in person.

Warning:

CA Residents – Prop 65 – Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol

Indemnification

You agree to indemnify, defend, and hold harmless Looking South LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Looking South LLC, may at times, link to sites operated by third parties. However, Looking South LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Looking South LLC. These linked sites are only for your convenience and therefore you access them at your own risk

Notifications

All notifications related to these Terms and Conditions will be considered notified to users with the mere publication of the same in the Store.
The notifications that users intend to send to The Wine Box must be channeled through info@thewinesbox.com, through which the registered address will be provided.

If you have any questions, you can contact us at info@thewinesbox.com