Terms and Conditions

Please read the following carefully.

By signing this Monthly Wine Membership Agreement (the “Agreement”) below, you, the Member, 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 with respect to these Terms, please ask a staff member or contact our Member Services at (615) 468-7935. Your acceptance of these Terms creates a binding contract governing the terms of your membership in The Flock Wine Club by Saint Goose (the “Club”) offered by Saint Goose (the “Store”) and no other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these
Terms instituted by the Club and/or the Store, as in accordance with these Terms.

Billing Information. Membership to the Club will be charged to the credit card on file on the first (1st) day of each month during the Membership term. It is your obligation to update your credit card information by phone or e-mail no less than five (5) business days prior to the next billing cycle. In addition, any address changes must be made in writing to info@saintgoose.wine, or phone (615) 468-7935 no less than five (5) day prior to the next billing cycle. Wine purchases, including tax, are non-refundable once they have been processed. Costs may change without notice.

Wine Pick Up. Due to space constraints, Members are required to pick up their club wines within thirty (30) days of each billing cycle. If a Member is unable to pick up said wine(s) in that time frame you must call or email info@saintgoose.wine to make other arrangements prior to the expiration of the thirty (30) day pick up requirement. If a Member fails to come to the Store and pick up the monthly wine allocation within the thirty (30) day time allowed herein, the Member authorizes and agrees that the
Store may property dispose of any wines remaining on premises, including, but not limited to donating said wine bottles to a local charity of the Store’s choice and any such amounts paid by Member shall be forfeited.

Membership Benefits: Accounts. Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club Members are entitled to receive 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 the Store. The Member benefits are presented in more detail on the Wine Club benefits page available under the Wine Club tab at the Store’s website located at https://www.saintgoose.wine (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 seasonal specials, Club participation, information supplied by the member or the volume or type of purchases made by a member. You must present your redemption e-mail with every transaction in order to assure accurate tracking of your Membership benefits. In order 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 to date. 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 Club in its sole discretion) may result in termination of your Membership and disqualify you from future Club participation. In the event of any issues or discrepancies regarding membership benefits, Member Services must be notified within 30 days of your original
transaction by calling (615) 468-7935.

Availability: All Club Members acknowledge that the selected monthly wines provided to Members are limited in quantities and may not always be available at the time of your pick-up, especially in the event that you do not pick up your wine in the month for which such wine was offered. In all cases, the Store, in its sole discretion, may substitute other wine for any wine that is no longer reasonably available, without any adjustment or refund. In addition, certain Club Members may select and receive available alternative wine varieties different from the Store’s monthly selected wine based on pre-approved substitutions requested in writing by Member and agreed to by Store.

Membership Term, Changes and Renewal: The initial term of all Memberships is a minimum of three (3) months. Thereafter, all memberships are on a month to month basis, and your Membership automatically renews each month on the first (1st) day of the month preceding the month when the wine is available for pickup (“charge out date”). Termination of your membership within the initial three (3) months will result in the difference between the full retail price of all wines received less the amount paid
by the Member, being charged to the Member’s credit card. 

Cancellation. All Memberships are on a monthly basis, and your Membership automatically renews each month on the date on which a Member signs up. If you wish to cancel your Membership, you may do so after the first ninety (90) days, or anytime thereafter, with 60-day written notice. Any fees already charged for any Membership, are non-refundable. In addition, it is your responsibility to inform the Store of any changes to your Membership record and information, by contacting the store at (615) 468-7935.

Limitations and Legal Compliance. Member discounts and benefits are not valid with other special offers or discounts offered by the Store. Member benefits are non-transferable. All goods, services and benefits provided by the Club, including wines, are only provided and/or delivered within Franklin, Williamson County Tennessee. The Store nor the Club is not engaged in the shipping or importing of wines or other products into or from any state, country or other jurisdiction where it is not so licensed.
Membership in the Club is void where prohibited, and by joining the Club, you represent that your Membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. Wines will be provided or available for pick up only to persons who are at least 21 years old. In joining the Club, you represent to the Store that you are at least 21 years old and the person to whom delivery of any wine will be made. When your wine is picked up, the person receiving the product will be required to show identification proving Club membership and that he or she is at least 21 years old. Wines sold by the Store are not for resale and are for personal consumption only. The Store has the right to terminate or suspend the Club, or your Membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.

Unavoidable Delay: In the event of any circumstances outside of the control of Store and which prevent, hinder or delay the Club from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, disease outbreaks, epidemics or pandemics, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping, the Club’s obligations will be suspended for the term of such event or as the Store or Club may elect to cancel the Club or Club membership for the affected members.

Disclaimer: YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY THE STORE AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE STORE 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 THE STORE, CLUB 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 THE STORE OR CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE CLUB OR STORE 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 THE STORE OR CLUB WOULD NOTPROVIDE 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 the Store and/or the Club 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 proceeding 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. The Store and Club 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 the Store and/or the Club 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 the Store or Club, 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 (615) 468-7935. The Store and Club will make reasonable efforts to resolve any concerns.

Governing Law; Venue: These Terms are governed by the substantive laws of the State of Tennessee, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Davidson County, Tennessee 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, the Member, the Club and/or the Store with respect to your membership in the Club and the goods, services and benefits
provided by 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 the Club and/or Store 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. To review