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Terms and Conditions

Last updated December, 2020

General

At, The Somm Chef LLC, we only work with reputable premium wineries from around the world.
Our mission is to provide services that educate wine and food lovers all over the U.S. We make the experience fun & educational through informative online classes, pairing recommendations, recipe ideas, entertaining dinners, and more.

The following terms and conditions (“Terms”) constitute a binding agreement between you, The Somm Chef LLC, Inc. (“The Somm Chef”), its affiliates, and its and any parent and/or subsidiary companies (collectively, “The Somm Chef LLC,” “we,” or “us”) with respect to your use of this website and any other The Somm Chef LLC owned websites, micro-sites, and social media pages and accounts (collectively, “The Somm Chef LLC Sites”), all The Somm Chef LLC-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with The Somm Chef LLC Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access The Somm Chef LLC Sites, Applications, or Services for any purpose. Additional policies, terms, and conditions applicable to certain The Somm Chef LLC Services, specific areas of certain The Somm Chef LLC Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain The Somm Chef LLC Sites or Applications 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 Somm Chef LLC Sites or Applications will be controlling with respect to those particular areas. The Somm Chef LLC reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on The Somm Chef LLC Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on The Somm Chef LLC Sites, Applications or any other website in regards to The Somm Chef LLC, or while contacting any of our Member Services team, will not be tolerated.

Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult present to sign for all The Somm Chef LLC shipments. A valid government-issued ID may be required upon delivery.

To address possible state alcoholic beverage law concerns, wine sales are solicited, offered, accepted, made, and delivered by 1010 Washington Wine & Spirits, located at 1010 S. Washington Avenue, Minneapolis, Minnesota 55415 (“1010”) who receives all orders.

Privacy

Your use of the The Somm Chef LLC Sites, Applications and Services is subject to our Privacy Notice located at sipbetter.com/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by The Somm Chef LLC.

Membership

Membership Program

You must be a The Somm Chef LLC member in order to place an order through The Somm Chef LLC Services. You may become a The Somm Chef LLC member by providing the requested registration information and submitting it to The Somm Chef LLC through the The Somm Chef LLC Sites or Applications. By becoming a member and placing an order, you agree to receive a shipment of at least 3 bottles of wine from The Somm Chef LLC every other month until you cancel your membership. You may suspend or cancel your membership any time. Wines range from $11.99 to $34.99 per bottle. For The Somm Chef LLC Membership orders, shipping charges will be based on the size and delivery location of your order and will be calculated at checkout. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize The Somm Chef LLC to charge your credit card (including shipping and any applicable tax) for each monthly The Somm Chef LLC Membership wine shipment. Please notify us at least 15 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.

Membership Termination

You may cancel your The Somm Chef LLC Membership at any time by sending an email to accounts@sipbetter.com. The Somm Chef LLC may terminate your membership and refuse any and all current or future use of your The Somm Chef LLC Membership or The Somm Chef LLC Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that The Somm Chef LLC determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if you continually return wine ordered through The Somm Chef LLC or if your shipments are repeatedly returned as undeliverable, (4) if The Somm Chef LLC determines, in its sole discretion, that you are using your The Somm Chef LLC Membership in a manner not permitted by these Terms, or (5) in other circumstances, as The Somm Chef LLC deems appropriate in its sole discretion.

Member Registration

If you register to become a The Somm Chef LLC member, you agree to complete the initial registration process according to the requirements stated on the applicable The Somm Chef LLC Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through The Somm Chef LLC Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to The Somm Chef LLC that your use of a payment card in connection with any purchase you make on or through The Somm Chef LLC Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify The Somm Chef LLC if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.

Member Information Changes

You are responsible for updating your registration information, shipping address, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.

Club Shipments

If you do not rate the wine in a particular Club Selection shipment before the next Club Selection rating deadline, your next Club Selection shipment of wine will be based upon your previous rating and order history.

Payment

The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment will be processed fifteen (15) days prior to the estimated Club Selection shipping date, and you hereby authorize The Somm Chef LLC to charge such amount to your payment card at that time.

Delivery

Club Selection orders will be delivered via the shipment option selected. Shipment options vary by delivery location. Anticipated delivery of order is the sum shipment option days plus 15 days for order processing.

Shipping Dates

The Somm Chef LLC reserves the right to modify the shipping dates for any order(s) in its sole and absolute discretion.

The Somm Chef LLC’s Commitment to Quality

If you are dissatisfied with your The Somm Chef LLC purchase for any reason, please contact admin@thesommchef.com so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to The Somm Chef LLC. Subject to the conditions set forth here, The Somm Chef LLC will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, by providing you with an account credit. The Somm Chef LLC Gifts are nonrefundable.

THE SOMM CHEF LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A THE SOMM CHEF LLC SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

Risk of Loss

All items purchased from The Somm Chef LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Restocking and Reshipment Fees

Orders returned to The Somm Chef LLC may be subject to a reasonable restocking fee. The Somm Chef LLC reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.

Your Account

All alcohol listings are intended for individuals who are 21 years of age or older. The Somm Chef LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.

You must be at least 21 years of age to use The Somm Chef LLC sites and purchase alcohol through The Somm Chef LLC Services.

Disclaimer of Warranties

THE THE SOMM CHEF LLC SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE THE SOMM CHEF LLC SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND THE SOMM CHEF LLC 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 THE SOMM CHEF LLC NOR ANY PERSON ASSOCIATED WITH THE SOMM CHEF LLC MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE THE SOMM CHEF LLC SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE SOMM CHEF LLC NOR ANYONE ASSOCIATED WITH THE SOMM CHEF LLC 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 THE SOMM CHEF LLC SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL THE SOMM CHEF LLC, 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 THE SOMM CHEF LLC SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE SOMM CHEF LLC’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

Indemnification

You agree to defend, indemnify and hold harmless The Somm Chef LLC 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, or your use of The Somm Chef LLC Sites, Applications or Services.

Trademarks

The trademarks and service marks displayed on The Somm Chef LLC Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of The Somm Chef LLC and its licensors. For a list of The Somm Chef LLC trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any The Somm Chef LLC Sites, Applications and Services are trademarks, service marks or trade dress of The Somm Chef LLC in the U.S. and other countries. The Somm Chef LLC’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not The Somm Chef LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Somm Chef LLC. All other trademarks not owned by The Somm Chef LLC that appear in any The Somm Chef LLC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Somm Chef LLC.

Copyright

All content included on or made available through any The Somm Chef LLC Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of The Somm Chef LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any The Somm Chef LLC Sites, Applications and Services is the exclusive property of The Somm Chef LLC and protected by U.S. and international copyright laws.

Submitted Materials and Ideas

While we appreciate your interest in The Somm Chef LLC and our business, The Somm Chef LLC does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of The Somm Chef LLC might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on The Somm Chef LLC Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

Links to Third-Party Websites

The Somm Chef LLC Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. The Somm Chef LLC has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from The Somm Chef LLC Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

Disputes

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

Agreement to Arbitrate

You and The Somm Chef LLC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the The Somm Chef LLC Terms, your use of The Somm Chef LLC Sites, Applications or Services, or to any products sold or distributed by The Somm Chef LLC or through The Somm Chef LLC 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 Federal Arbitration Act applies to this agreement.

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.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or The Somm Chef LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and The Somm Chef LLC subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other The Somm Chef LLC members, but is bound by rulings in prior arbitrations involving the same The Somm Chef LLC member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions

You and The Somm Chef LLC agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and The Somm Chef LLC agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other The Somm Chef LLC members.

If for any reason a claim proceeds in court rather than in arbitration both you and The Somm Chef LLC each waive any right to a jury trial. You and The Somm Chef LLC also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any The Somm Chef LLC Sites, Applications or Services, or any products sold or distributed by The Somm Chef LLC or through The Somm Chef LLC Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.

Unless you and The Somm Chef LLC agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any The Somm Chef LLC Sites, Applications or Services, or any products sold or distributed by The Somm Chef LLC or through The Somm Chef LLC Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Minneapolis, Minnesota. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of these Terms by The Somm Chef LLC shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of The Somm Chef LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

United States Only

Unless otherwise specified, The Somm Chef LLC Services are presented solely for the purpose of promoting products and services available in the United States; provided, however, that The Somm Chef LLC does not ship to the following states: Rhode Island, New Jersey, Delaware, Ohio, Kentucky, Mississippi, Alabama, Arkansas, Oklahoma and Utah. The Somm Chef LLC makes no representation that The Somm Chef LLC Services are appropriate or available for use in other locations. If you access The Somm Chef LLC Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Entire Agreement

These Terms and our Privacy Notice constitute the sole and entire agreement between you and The Somm Chef LLC with respect to the The Somm Chef LLC Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

Modifications

The Somm Chef LLC reserves the right to make changes to these Terms at any time. If The Somm Chef LLC makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at The Somm Chef LLC.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes. Should you wish to terminate your membership due to a modification to the Terms, please contact Member Services via email at admin@thesommchef.com If you choose to continue using the The Somm Chef LLC Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.

The date these Terms were last updated is set forth at the top of this page.

Contact Information

If you have questions or comments about these Terms or the The Somm Chef LLC Sites, Applications or Services, please write or email us via the contact information below:

The Somm Chef LLC
PO Box 583242
Minneapolis, MN 55458

admin@thesommchef.com