Termes de Service

General

At Rekolt, 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 Rekolt, its affiliates, and its and their parent and subsidiary companies (collectively, “Rekolt,” “we,” or “us”) with respect to your use of this website (the “Rekolt Site”) and the services available on such platforms (together with the Rekolt Site, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Rekolt Site or Services for any purpose. Additional policies, terms, and conditions applicable to certain Services, specific areas of the Rekolt Site, or to particular content or transactions, may also be posted in particular areas of the Rekolt Site 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 Rekolt Site will be controlling. Rekolt reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on the Rekolt Site. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on the Rekolt Site or any other website in regards to Rekolt, or while contacting any of our team, will not be tolerated.

You must be at least 21 years (18 outside of the United States) of age to use the Rekolt Site and purchase alcohol through the Services. A valid government-issued ID may be required upon delivery

Wine sales are solicited, offered, accepted, made, and delivered by a licensed winery who receives all orders. To address possible state alcoholic beverage law concerns, Rekolt pays for new member referrals and discount shipping through an instant rebate that discounts a portion of the price of each item the existing member purchases. Void where prohibited

The Rekolt Site also provides pricing and market information. While we endeavor to give you accurate information, we cannot assure you that any of the market and value information that we give you is accurate as of the date you access it and we undertake no obligation to update such information or notify you of any changes to such information.

Privacy

Your use of the Rekolt Site and Services is subject to our Privacy Notice located at https://rekolt.io/privacy incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Rekolt.

Your Account

Registration. If you wish to utilize Rekolt Services, you agree to complete the initial registration process according to the requirements stated on the Rekolt Site, 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/investment on or through our Services, you must provide accurate and complete information as required when using a credit card, other payment card or bank information, including the cardholder/account holder name, payment card number/account number, expiration date (if applicable), and if requested, card security code, at the time of submitting your order form. You represent and warrant to Rekolt that your use of a payment card or your account in connection with any purchase you make on or through Rekolt Services is authorized and legal. As part of the initial registration process, you must choose a username and a password to use when accessing the Services. For your protection, you must keep your username and password secret. You must immediately notify Rekolt if you learn or suspect that the security of your username or password has been breached. You are responsible for any loss or damage arising from your failure to protect your username 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 sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Rekolt to charge such an amount to your payment card at that time.

All alcohol listings are intended for individuals who are 21 years of age or older. Rekolt reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion. Rekolt provides all of its services in accordance with law and a shipment of wine requested by you may be suspended or made impossible due to applicable federal, state, county, city and local laws in your jurisdiction. In that case, we will suspend shipping until we can comply with law.

Rekolt Program

When you start an account with Rekolt, you will be depositing money into your Rekolt account. You then authorize us to put together a portfolio of wine based on the amount you have deposited. You understand that we will be buying actual wine and storing it in our secure facilities. This wine belongs to you and not Rekolt; it is your asset, not an asset of Rekolt. We are simply holding the wine for you. Wines held in storage have an insurance policy protecting it at full current market value, with appraisals updated annually. You authorize us to sell wine on your behalf. Any leftover amounts in your account will be used to pay for Rekolt’s management fees. If there are amounts left after the payment of your management fees, you can leave such amount in your account or ask for it to be returned to you.

Each time you login to your account, you will be able to see the liquidation value of your portfolio. You may, at any time, ask that we liquidate your portfolio. You acknowledge that Rekolt cannot guarantee that the value of the portfolio will increase, nor can we guarantee that the value will not decrease. If you ask for your portfolio to be liquidated, we will endeavor to do so as soon as practicable.

For wine(s) added to your portfolio after Dec 1, 2021 we assess a 3% processing fee if you choose to withdraw less than 3 years after the initial purchase of wines for your account. Processing fees are waived for active account holders past 3 years after the initial purchase.

For wine(s) added to your portfolio before Dec 1, 2021: we assess a 3% processing fee if you choose to withdraw less than 60 days after the initial purchase of wines for your account. Processing fees are waived for active account holders past 60 days after the initial purchase.

Once liquidated, we will deposit the funds in your account, which you may withdraw at any time thereafter, subject to any management fees collected by Rekolt as described above.

Also, you may request us to ship your wine to you for consumption (minimum one case at a time). In such an event, we will ship the wine to you at your expense (deducting shipping costs, duties, VAT, tariffs and other taxes from the cash balance of your account) and will ship it as soon as practicable. Shipping and delivery of wine is always subject to the laws of the jurisdiction where the wine is being shipped (whether federal, state, county, city or local law).

You acknowledge that the value of your portfolio will decrease by any wine shipped to you for consumption.

Risk of Loss

All items purchased from Rekolt are speculative in nature. The price of the wine you purchase may decrease or lose its value completely. If you request delivery, delivery will be 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.

Anti Money Laundering

Neither Rekolt nor any of its directors, officers, employees, agents, or other persons acting on its or their behalf shall take any action, directly or indirectly, in connection with its performance under these Terms that may result in a violation of the U.S. Foreign Corrupt Practices Act, U.K. Bribery Act 2010, and all other applicable anti-corruption laws and regulations of any jurisdiction (collectively, “Anti-Corruption Laws”), including making, offering, authorizing, or promising anything of value, regardless of form or amount, to obtain a competitive advantage or to receive favorable treatment in obtaining or retaining any business advantage, to any (1) foreign or domestic government official or employee, (2) employee of a foreign or domestic government-owned or government-controlled entity, (3) foreign or domestic political party, political official, or candidate for political office, or (4) any officer or employee of a public international organization.

Rekolt shall comply in all material respects with all applicable anti-money laundering (“AML”) laws and regulations in connection with its performance under these Terms, including, without limitation, the Bank Secrecy Act and the USA Patriot Act, and all rules and regulations promulgated thereunder.

Rekolt shall comply in all material respects with all applicable economic and trade sanctions laws and regulations in connection with its performance under these Terms, including, without limitation, those imposed, administered or enforced by the U.S. government (including those administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”)), the United Nations, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”).
Neither Rekolt, nor any director, officer, employee, agent, or representative of Rekolt shall, in connection with performance of its obligations under these Terms, engage in any transaction or business dealing with or for the benefit of any Sanctioned Person (as defined below) (or involving any property thereof) or involving any Sanctioned Country (as defined below). A “Sanctioned Person” is an entity or an individual that is subject that is (i) the subject or target of any Sanctions, (ii) included on OFAC’s Specially Designated Nationals List, Her Majesty’s Treasury (HMT) Consolidated List of Financial Sanctions Targets and the Investment Ban List, or any similar list enforced by any other relevant sanctions authority or (iii) located, organized or resident in a comprehensively-sanctioned jurisdiction (a “Sanctioned Country”).

Rekolt shall comply in all material respects with all applicable export control laws and regulations in connection with its performance under these Terms, including, without limitation, the Export Administration Regulations and the International Traffic in Arms Regulations promulgated and enforced by the United States government, as well as any similar laws and regulations enforced by other governmental authorities in jurisdictions applicable to the Rekolt (“Export Control Laws”).

Disclaimer of Warranties

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

Limitation of Liability

IN NO EVENT WILL REKOLT, 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 REKOLT SITE 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 REKOLT SITE, SERVICES OR ITS CONTENT IS AT YOUR SOLE RISK.

Indemnification

You agree to defend, indemnify and hold harmless Rekolt 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 Rekolt Site or Services.

Trademarks

The trademarks and service marks displayed on the Rekolt Site and Services are the registered and unregistered trademarks, service marks and trade dress of Rekolt and its licensors. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Rekolt Site and Services are trademarks, service marks or trade dress of Rekolt or our partners. Such trademarks, service marks and trade dress may not be used in connection with any product or service that is not Rekolt, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rekolt. All trademarks not owned by Rekolt that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rekolt.

Copyright

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

Submitted Materials and Ideas

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 Rekolt Site shall be deemed to be property of Rekolt.

Links to Third-Party Websites

The Rekolt Site or Services may contain links to third-party websites. These links are provided for your convenience only. Rekolt 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 Rekolt Site, 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 REKOLT MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate
You and Rekolt 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 Rekolt Terms, your use of the Rekolt Site or Services, or to any products sold or distributed by Rekolt or through the Rekolt Site or Services will be resolved by binding arbitration, rather than in court. 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 Rekolt. The arbitration will be conducted by JAMS. The JAMS rules are available at jamsadr.com or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Rekolt may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Rekolt 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 Rekolt members, but is bound by rulings in prior arbitrations involving the same Rekolt 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 Rekolt 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 Rekolt 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 Rekolt members.

If for any reason a claim proceeds in court rather than in arbitration both you and Rekolt each waive any right to a jury trial. You and Rekolt 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 the Rekolt Site or Services, or any products sold or distributed by Rekolt or through the Rekolt Site or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Unless you and Rekolt 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 the Rekolt Site or Services, or any products sold or distributed by Rekolt or through the Rekolt Site or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. 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 Rekolt shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Rekolt 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.

Modifications

Rekolt reserves the right to make changes to these Terms at any time. If Rekolt makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at rekolt.io, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.

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

Contact Information

If you have questions or comments about these Terms or the Rekolt Site or Services, please write, phone or email us via the contact information below:

Rekolt, Inc.
651 North Broad Street
Middletown, DE 19709
help@rekolt.io

Last update: November 15, 2023