Metrobottle Wine Club Terms and Conditions

By clicking on the Membership Application, you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them.

If you have any questions regarding these Terms, please ask a staff member or contact our Member Services at (404) 963-2225. Your acceptance of these Terms creates a binding contract governing the terms of your membership in the Metrobottle Wine Club (the “Club”). No other statements, representations, materials, or related information will alter or amend these Terms, except as specifically referenced herein. Metrobottle’s Terms of Use, governing your access and use of Metrobottle’s websites, mobile applications, and other products and services, are also incorporated into these Terms. However, in the event of a conflict between the Terms of Use and these Terms, these Terms will prevail.

Membership Benefits; Accounts

Subject to such limitations and exceptions as applicable, including those set forth in these Terms, Club members are entitled to receive the winemaker’s selected monthly wines (or such other designated wines as applicable to the particular membership of the member) and additional Club member benefits as provided from time to time by Metrobottle. The member benefits are presented in more detail on the Wine Club Benefits page available under the Wine Club tab at Metrobottle’s website located at metrobottle.com (the “Website”). Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Club membership, and accounts under the same name and address will automatically be combined. Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, benefits, and communications may be based on geographic location, Club participation, information supplied by the member, or the volume or type of purchases made by a member. You must present your Metrobottle Wine Club membership number with every transaction to ensure accurate tracking of your membership benefits. To be eligible for membership benefits your account must be (1) open, (2) in good standing, and (3) current membership fees must have been paid. Abuse of Club membership (for example, by failing to follow the Terms, allowing others to use your membership number, or other improper conduct as determined by Metrobottle in its sole discretion) may result in termination of your membership and disqualification from future Club participation. If your membership card is lost, stolen, or used without your authorization, immediately notify Member Services at (404) 963-2225 to have the card deactivated and, if desired, a replacement card issued. Simultaneously, alert the issuer of the form of payment linked to your Club membership. Any issues or discrepancies regarding membership benefits must be reported to Member Services within 90 days of the original transaction by calling (404) 963-2225.

Monthly Wine Availability

All Club members acknowledge that the winemaker’s selected monthly wines are limited in quantity and may not always be available at the time of pick-up, especially if the wine is not picked up in the month for which it was offered. In such cases, Metrobottle, at its sole discretion, may substitute other wine without any adjustment or refund. Certain Club members may select and receive available alternative wine varieties different from the winemaker’s monthly selected wine based on their membership type, as detailed on the Wine Club Frequently Asked Questions page on the Website.

Fees

All fees for Club memberships and associated charges are automatically billed to your credit card. For monthly memberships with in-store pickup, fees are charged on the fourth Tuesday of the month preceding the month when the wine is available for pickup. If you have purchased a gift membership, the fees for the entire period of the gift membership are charged upfront. Your membership, once activated, allows you and a secondary member on your account to charge dining room, bar, or patio purchases at our stores to your form of payment or credit card on file. This feature, called Member Signature, is only available for transactions below $400 (inclusive of taxes) and requires your membership card or state-issued photo ID for each transaction. Member Signature is not available for Metrobottle gift card purchases, gift memberships, private events, tasting room purchases, carryout, and retail purchases. You may disable Member Signature for all transactions and update or remove secondary members at any time by updating your account profile on metrobottle.com or by calling Member Services at (404) 963-2225. Updating or removing secondary members may require issuing a new member account number and new member cards. All fees charged, including for gift memberships, are non-refundable except as expressly set forth in these Terms. Notwithstanding when fees are billed to a member, all Club benefits are activated promptly following registration, except that a member will not receive their monthly wine until the next month after registration.

Membership Term, Changes, and Renewal

All memberships, except for gift memberships which last for the specified term, are on a month-to-month basis and automatically renew each month on the fourth Tuesday of the month preceding the month when the wine is available for pickup (“charge out date”). To cancel your membership, you must notify us at least three (3) days before the charge out date of the month preceding the effective cancellation month. Any fees already charged are non-refundable. It is your responsibility to inform Metrobottle of any changes to your membership record and information. Changes to your account, other than cancellations, may be submitted online through the Member Information page on the Website, in person at one of our stores, or by calling Member Services at (404) 963-2225. All cancellations must be submitted in person at one of our stores or by calling Member Services at (404) 963-2225. All changes, including cancellations, must be received at least three (3) days prior to any charge to be effective for that period. Fees will be due for cancellations or changes not submitted before the Club’s processing time for a particular charge.

Limitations; Legal Compliance

Member discounts and benefits are not valid with other special offers or discounts. Member benefits are non-transferable. All goods, services, and benefits provided by Metrobottle, including wines, are only available in states where Metrobottle is licensed to provide them. Membership in the Club is void where prohibited. By joining the Club, you represent that your membership and receipt and use of any goods, services, or other items comply with applicable laws. You agree to comply with all applicable laws, including those governing the possession and use of wine and alcoholic beverages. Wines will be provided only to persons at least 21 years old. By joining the Club, you represent to Metrobottle that you are at least 21 years old and the person receiving the wine is at least 21 years old. When picking up wine, identification proving Club membership and age will be required. Wines provided by the Club are not for resale and are for personal consumption only. Metrobottle has the right to terminate or suspend the Club or your membership at any time and for any reason, including following a change in law. Minimum purchase and discount requirements are subject to local and state regulations. Ohio members: a 10% retail wine discount is available only for purchases of 6 to 12 bottles and no other wine discounts are permitted.

Unavoidable Delay

In the event of circumstances outside of Metrobottle’s control, such as natural disasters, disease outbreaks, strikes, or governmental action, Metrobottle’s obligations will be suspended for the duration of the event, or Metrobottle may elect to cancel the Club or Club membership for affected members.

Changes in Law

Due to changes in alcohol-related laws, we may, from time to time, be unable to complete delivery of a wine. If we are unable to provide your wine, we will offer the option to change to an alternative available wine. If that is not agreeable, you may cancel your membership in accordance with Section 4 and receive a refund for any wine we are unable to provide due to legal changes. Taxes and related charges may vary between states and locations, and retail wine prices and discounts will differ from those provided through Club membership. Sales tax may also vary, and Metrobottle collects sales tax as required by various local and state authorities. For sales tax purposes, the value for each bottle of wine provided by way of Club membership is $4.00, with membership fees and benefits comprising the balance of the fees collected.

Disclaimer

YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY METROBOTTLE, AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. METROBOTTLE AND ANY OF ITS EMPLOYEES, AGENTS, OR PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METROBOTTLE OR ANY OF ITS EMPLOYEES, AGENTS OR PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT METROBOTTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF METROBOTTLE FOR CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (US$250.00) OR THE AMOUNT YOU PAID FOR PRODUCT AND CLUB MEMBERSHIP DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. YOU ACKNOWLEDGE THAT METROBOTTLE WOULD NOT PROVIDE MEMBERSHIP IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

By joining the Club, you agree to defend, indemnify, and hold harmless Metrobottle and its affiliates, and their respective owners, officers, directors, employees, representatives and agents, from and against any and all losses, claims, demands, actions, suits, or other proceedings brought by a third party, and associated losses, liability, penalties, damages, costs, and expenses that arise out of or relate to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership.

Personal Information

Metrobottle requires certain personal information from you to verify and administer your Club membership, which is governed by our Privacy Policy. For more information about how we collect, use and share personal information, please review the terms of our Privacy Policy. You authorize Metrobottle to send you marketing communications and special offers as part of your membership benefits. To change your Marketing Preferences, please visit the Member Information page available under the Wine Club tab on the Website. If you are concerned about the information you have provided to Metrobottle, or have any questions regarding the retention of that information, please visit the Member Information page available under the Wine Club tab on the Website or contact Member Services at (404) 963-2225. Metrobottle will make reasonable efforts to resolve any concerns.

Governing Law; Venue

These Terms are governed by the substantive laws of the State of Georgia, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Fulton County, Georgia with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Miscellaneous

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Metrobottle with respect to your membership in the Club and the goods, services, and benefits provided by Metrobottle and related to the Club.

Change in Terms

These Terms shall remain in full force and effect while you are a member of the Club, and only Metrobottle may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. Metrobottle may make any such changes at any time, with or without notice, even though such changes may affect the value of frequent diner points already accumulated, the value of the rewards and/or the time of redemptions. Provided, however, that any revision shall not apply to disputes of which Metrobottle had notice on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit the Wine Club Terms & Conditions page available under the Wine Club Benefits tab on the Website.