Terms and Conditions

General


At Noir food, we strive to offer a first-class experience for our members, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and Noir food, its affiliates, and its and their parent and subsidiary companies (collectively, “Noir food,” “we,” or “us”) with respect to your use of this website and any other Noir food owned websites, micro-sites, and social media pages and accounts (collectively, “Noir food Sites”), all Noir food-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Noir food 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 Noir food Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Noir food Services, specific areas of certain Noir food Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Noir food 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 Noir food Sites or Applications will be controlling with respect to those particular areas. Noir food reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Noir food Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Noir food Sites, Applications or any other website in regards to Noir food, or while contacting any of our Member Services team, will not be tolerated.


Wine and other alcoholic drinks may only be sold and delivered to individuals twenty-one years or older. There must be an adult (21+) present to sign for all Noir food shipments. A valid government-issued ID may be required upon delivery. Wine sales are solicited, offered, accepted, made, and delivered by licensed wineries or retailers who receive all orders. To address possible state alcoholic beverage law concerns, Noir food pays for new member referrals through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited.


Privacy

Your use of the Noir food Sites, Applications and Services is subject to our Privacy Notice located at noirfood.com incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Noir food.


Noir food Membership

Membership Program. You must be a Noir food member in order to place an order through Noir food Services. You may become a Noir food member by providing the requested registration information and submitting it to Noir food through the Noir food Sites or Applications. By becoming a member and placing an order, you agree to receive a shipment of at 3 bottles of wine from Noir food according to the frequency you chose until you cancel your membership. You may suspend or cancel your membership any time. By becoming a member and providing your membership and credit card information, you authorize Noir food to charge your credit card (including shipping and any applicable tax) for each monthly Noir food Membership wine shipment. Please notify us at least 3 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 Noir food Membership at any time by logging in to your personal account on the Noir food Website or contacting us through the e-mail concierge@noirfood.com. Noir food may terminate your membership and refuse any and all current or future use of your Noir food Membership or Noir food Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Noir food 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 Noir food determines, in its sole discretion, that you are using your Noir food Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Noir food deems appropriate in its sole discretion


Member Registration.

If you register to become a Noir food member, you agree to complete the initial registration process according to the requirements stated on the applicable Noir food 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 Noir food 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 Noir food that your use of a payment card in connection with any purchase you make on or through Noir food 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 Noir food 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, 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.


Payment.

The total amount to be paid by you for your order will be the predetermined subscription value at the time of your subscription including all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Noir food to charge such amount to your payment card at that time.


Noir food's Commitment to Quality

If you are dissatisfied with your Noir food purchase for any reason, please contact Noir food Member Services at concierge@noirfood.com. 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 Noir food. Subject to the conditions set forth here, Noir food 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. Noir food Gifts are nonrefundable.


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


Restocking and Reshipment Fees

Orders returned to Noir food may be subject to a reasonable restocking fee. Noir food reserves the right to charge an additional fee for all re-shipped orders upon customer’s request for reshipment.


Your Account

All alcohol listings are intended for individuals who are 18 years of age or older. Noir food reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion. You must be at least 18 years of age to use Noir food sites and purchase alcohol through Noir food Services.


Disclaimer of Warranties

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


Limitation of Liability

IN NO EVENT WILL NOIR FOOD, 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 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 NOIR FOOD SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK.


Indemnification

You agree to defend, indemnify and hold harmless Noir food 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 Noir food Sites, Applications or Services.


Trademarks

The trademarks and service marks displayed on the Noir food Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Noir food and its licensors. For a list of Noir food 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 Noir food Sites, Applications and Services are trademarks, service marks or trade dress of Noir food in the U.S. and other countries. Noir food's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Noir food, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Noir food. All other trademarks not owned by Noir food that appear in any Noir food Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Noir food.


Copyright

All content included on or made available through any Noir food Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Noir food 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 Noir food Sites, Applications and Services is the exclusive property of Noir food and protected by U.S. and international copyright laws.


Submitted Materials and Ideas

While we appreciate your interest in Noir food and our business, Noir food 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 Noir food 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 Noir food Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.


Links to Third-Party Websites

Noir food Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Noir food 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 Noir food 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.

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