Terms of Service

Effective Date: September 2, 2026 Last Updated: September 2, 2026

These Terms of Service ("Terms") are a legal agreement between you and Elk ("Elk," "we," "us," or "our"), governing your access to and use of elkwine.com (the "Site"), including browsing, creating an account, placing orders, subscribing to "Cellar" or other recurring wine programs, and communicating with us by email, SMS, or WhatsApp. By checking the box to accept these Terms, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site or place an order.

Note for the business: these Terms are drafted to be presented and accepted as a clickwrap agreement — an unticked checkbox the customer must affirmatively select at account creation and/or checkout (e.g., "I have read and agree to the Terms of Service and Privacy Policy"), rather than a browsewrap link only in the footer. Courts, including a Florida court in Vitacost.com, Inc. v. McCants, have declined to enforce browsewrap terms where the link to the terms was easy to overlook during checkout; clickwrap agreements are enforced far more consistently. This matters especially here because these Terms include an age representation, a liability limitation, and (if you choose to use one) an arbitration clause — exactly the kinds of provisions courts scrutinize most closely for real assent.

1. Eligibility and Age Representation

Our products are alcoholic beverages. You must be at least 21 years old to create an account, place an order, or otherwise use the Site to purchase products. By using the Site or placing an order, you represent and warrant that you are at least 21 years old and that you are purchasing for personal use and not for resale, unless you hold a valid license permitting resale and have made separate arrangements with us. We may refuse or cancel any order where we cannot verify that the purchaser or the intended recipient meets these requirements, and we may require a valid, government-issued photo ID at the time of delivery.

2. Account Registration

If you create an account, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.

3. Products, Pricing, and Availability

We strive to display accurate product descriptions, vintages, and pricing, but errors may occur (including pricing errors, typographical errors, or inaccurate product images). We reserve the right to correct any errors, inaccuracies, or omissions, and to cancel or refuse orders placed based on incorrect pricing or product information, whether or not the order has been confirmed. Product availability, vintages, and packaging are subject to change without notice.

4. Orders and Order Acceptance

Your placement of an order is an offer to purchase, which we may accept or decline at our discretion, including where:

  • We cannot verify your age or delivery eligibility;
  • We are unable to lawfully ship or deliver to your address (see Section 6);
  • The order appears fraudulent, erroneous, or in violation of these Terms;
  • The product is unavailable or was mispriced.

We will notify you if we decline or cancel your order and will not charge you (or will refund you) for any cancelled items.

5. Payment

You authorize us (or our payment processor) to charge your provided payment method for the full order amount, including applicable taxes and shipping fees. We use a third-party, PCI-DSS-compliant payment processor; we do not store your full payment card number. You represent that any payment information you provide is accurate and that you are authorized to use the payment method.

6. Shipping, Delivery, Title, and Risk of Loss

Where we ship. We deliver within Florida and ship to other U.S. states through our licensed third-party shipping/compliance partner and common carriers. We only ship where that partner confirms we are legally able to do so; the states or addresses we can deliver to may change without notice as licensing and state law change. See our [Shipping Policy] for current details.

Order acceptance and title transfer. Consistent with the requirement that retail alcohol sales occur within our licensed premises, your order is accepted, and title to and risk of loss for the products passes to you, in the State of Florida at the point the products are tendered to the carrier for shipment to you. The carrier acts as your agent for delivery from that point forward. This provision does not affect your rights under Section 8 (Returns, Refunds, and Cancellations).

Delivery requirements. Alcohol shipments require an adult signature (21+) upon delivery, and our carrier or delivery personnel may require government-issued photo ID. If no eligible adult is available to sign, the shipment may be held, returned, or subject to redelivery fees.

Note for the business: the "title passes in Florida, at our licensed premises" language above is standard practice among DTC alcohol retailers/wineries and is meant to frame the transaction as an in-state sale with a shipping service, consistent with how state alcohol regulators generally expect these sales to be structured. Please have your alcohol-beverage counsel confirm this language matches how your actual compliance/shipping partner structures the transaction, since this needs to be accurate to the real arrangement, not just standard boilerplate.

7. Age Verification

In addition to the representations in Section 1, we and our shipping/compliance partner may use age-verification tools at checkout and require ID confirmation at delivery. Orders that cannot be age-verified will be cancelled and refunded.

8. Returns, Refunds, and Cancellations

Because our products are alcoholic beverages, we generally cannot accept returns of opened, damaged (other than in transit), or consumed products, and returns of alcohol may be further restricted or prohibited by the law of your state. If your order arrives damaged, incorrect, or you believe it was not delivered, contact us within [X] days of delivery at the information in Section 20, and we will work with you on a replacement, refund, or store credit consistent with applicable law. Shipping and handling fees are non-refundable except where the return is due to our error.

9. Subscriptions ("Cellar" and Other Recurring Orders)

If you enroll in a recurring subscription (e.g., "Cellar"), the following applies in addition to the rest of these Terms:

  • Disclosure before you pay. Before you provide payment information, we will clearly disclose the price per shipment, frequency of shipments/charges, and how to cancel.
  • Affirmative consent. You must separately and affirmatively consent to the recurring charge (e.g., via a checkbox), distinct from your general acceptance of these Terms.
  • Automatic renewal. Your subscription will automatically continue, and your payment method will automatically be charged, at the then-current price and frequency, until you cancel.
  • Cancellation. You may cancel at any time before the next billing/shipment cutoff through [your account dashboard / by contacting us at the information in Section 20]. Cancellation will take effect for the next scheduled shipment; it does not cancel or refund shipments already processed.
  • Material changes. If we materially change the price or terms of your subscription, we will notify you in advance and explain how to cancel before the change takes effect.

Note for the business: wine subscription programs have specifically drawn state enforcement (two national wine clubs paid $350,000 and $15,000 to settle California claims over inadequate auto-renewal disclosures). The federal "click-to-cancel" rule that would have added more detailed requirements here was vacated by a federal appeals court in July 2025 on procedural grounds, so it is not currently in force — but the older FTC Negative Option Rule, the federal ROSCA statute, and state automatic-renewal laws (California's is the strictest and applies to any California subscriber, regardless of where elkwine.com is based) all remain fully in effect. In practice, that means: disclose the price/frequency/cancellation method clearly next to the signup button, get separate affirmative consent to the recurring charge, and make cancellation genuinely easy to find and use online (not something that requires a phone call if signup happened online).

10. Gift Cards

Gift cards purchased on the Site are subject to our gift card terms, including that they [do not expire / expire after X years, where permitted by law — several states, including Florida, restrict gift card expiration and fees; confirm your specific terms comply with the law of the states where you sell them]. Gift cards are not redeemable for cash except where required by law and may only be used to purchase products available on the Site.

11. SMS, WhatsApp, and Email Communications

If you opt in to receive marketing text messages, WhatsApp messages, or emails, you consent to receive them as described in our [Privacy Policy] and any separate SMS/WhatsApp terms presented at opt-in. Message and data rates may apply. Consent to marketing communications is not a condition of purchase, and you may opt out at any time as described in those terms.

12. Prohibited Uses

You agree not to:

  • Use the Site for any unlawful purpose, including purchasing or attempting to purchase alcohol while underage, or purchasing for resale without proper licensure and authorization;
  • Attempt to circumvent age-verification or delivery-eligibility checks;
  • Use automated means (bots, scrapers) to access or interact with the Site without our permission;
  • Interfere with the security or proper functioning of the Site;
  • Misrepresent your identity, age, or authority to act on behalf of another person or entity;
  • Post or transmit unlawful, defamatory, or infringing content through any interactive feature of the Site (e.g., reviews).

13. Intellectual Property

The Site and its content — including text, graphics, logos, product images, and the Elk name and marks — are owned by or licensed to Elk and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from Site content without our prior written permission, except as necessary to place a personal order.

14. Kosher Certification

Products described as kosher are certified by the certifying agency identified on the applicable product listing or label. We do not independently verify kosher status beyond relying on the labeling and certification provided by our suppliers and the identified certifying agency; questions about a specific certification should be directed to that agency.

15. User-Generated Content and Reviews

If the Site allows you to submit reviews or other content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and reproduce that content in connection with operating and promoting the Site. Do not submit content that is false, misleading, defamatory, or that you were compensated to post without disclosing that compensation. We may remove any content at our discretion.

16. Third-Party Links and Services

The Site may link to or integrate with third-party services (e.g., payment processors, WhatsApp, social media, shipping carriers). We are not responsible for the content, policies, or practices of third-party services, and your use of them is subject to their own terms.

17. Disclaimer of Warranties

The Site and products are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure. Nothing in this section limits any warranty that cannot be excluded under applicable law (e.g., certain state consumer-protection warranties).

18. Limitation of Liability

To the fullest extent permitted by law, Elk and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, arising out of or related to your use of the Site or purchase of products, even if advised of the possibility of such damages. Our total liability for any claim arising out of these Terms or your purchase will not exceed the amount you paid for the applicable order. This section does not limit liability where prohibited by law, including for gross negligence, willful misconduct, or personal injury caused by defective products where such limitation is not permitted.

19. Indemnification

You agree to indemnify and hold Elk harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Site, or your violation of any law, including misrepresenting your age or purchasing alcohol on behalf of a minor.

20. Governing Law, Venue, and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent a mandatory consumer-protection law of your home state applies and cannot be waived. Any dispute not resolved informally will be brought in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction there. [Optional: Arbitration. If Elk wants a binding arbitration / class-action-waiver clause, that is a significant strategic decision — it trades away the ability to litigate in court (for both sides) and is subject to its own enforceability requirements (clear disclosure, opt-out rights in some states, conspicuous presentation). We'd recommend deciding this with counsel rather than defaulting to boilerplate language, so it has been left as a placeholder rather than drafted in.]

21. Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, carrier disruptions, labor disputes, or changes in law affecting our ability to ship to a given state.

22. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. These Terms, together with our Privacy Policy and any order-specific terms, constitute the entire agreement between you and Elk regarding the Site and your purchases.

23. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date above reflects the most recent changes. Continued use of the Site after changes take effect constitutes acceptance of the updated Terms. For material changes affecting active subscriptions, we will provide advance notice as described in Section 9.

24. Contact Us

Elk 487 Northeast 189th Street, Miami, Florida 33179, United States Email: elk@elkwine.com Phone/WhatsApp: +1 (786) 750-1019