United States

Vintec Club – Terms of Membership

    1. Membership
      • The Electrolux Home Products, Inc. (Vintec or we or us) operates the Vintec Club.
      • You may apply to be a member of the Vintec Club if you:
        • are an owner of a qualifying Vintec or Transtherm wine cellar purchased in Australia;
        • have registered your details and the product details for that wine cellar with us; and
        • are aged 18 years and over.
      • We may permit you to register as a guest if you are not an owner of a qualifying Vintec or Transtherm wine cellar or have not provided the required details.
      • If you do not qualify as a member or have not provided us with the required details you may not have full access to the Vintec Club website or the Rewards.
      • We may, acting reasonably, refuse your application for Vintec Club membership. 
    2. Your obligations
      • By becoming a member, you agree to be bound by these member terms and conditions.
      • You will be required to provide us with your personal information from time to time.
      • You are responsible for keeping your personal information up to date.
      • You must not abuse or misuse your membership or the Rewards or do anything that will bring the Vintec Club into disrepute.
    3. Rewards
      • Vintec Club members may become eligible to receive Rewards. These may be from Vintec or Third Party Partners.
      • Any Rewards received from Third Party Partners will be subject to separate terms and conditions between you and the Third Party Partner, which we make available on the Vintec Club website.
      • The Rewards available to members may vary depending on your membership tier. The membership tiers and the eligibility to qualify for a different membership tier are set out on the Vintec Club website. We may update those tiers and the eligibility criteria from time to time by providing notice on that website. We will take all reasonable steps to give members at least 30 days’ notice if we materially change these.
      • We do not guarantee that:
        • a third party will continue to be a Third Party Partner or offer particular Rewards; or
        • a member will receive particular Rewards or the value of those Rewards. Rewards are subject to availability, will change from time to time and we may need to withdraw a Reward from time to time either temporarily or permanently. We will make availability details of the current Rewards to members on the Vintec Club website.
    4. Vintec club shop
      • Any purchases you make from the Vintec Shop will be subject to additional terms and conditions which apply to that purchase.
      • Those terms and conditions are available on the Vintec Club website.
    5. Vintec club events
      1. You may be invited to or have access to Vintec Club events. These events will be subject to additional terms and conditions which may include eligibility conditions and a fee.
      2. Those terms and conditions will be made available with that invitation and/or on the Vintec Club website.
    1. Warranty
      YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FRIGIDAIRE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FRIGIDAIRE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRIGIDAIRE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
    2. Liability
      • To the extent permitted by law, the liability of Vintec (whether in contract, tort (including negligence), under statute or otherwise) to you for any and all Claims for any Loss arising under or in connection with these terms and conditions are excluded.
      • EXCEPT WHERE PROHIBITED, VINTEC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF VINTEC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
      • Without limiting our liability under Section 6 and to the maximum extent permitted by law, any liability we may have to you for a breach of these terms, our negligence or a breach of a warranty or guarantee (whether implied or express), is expressly limited at Vintec’s option:
        • in the case of goods, any one or more of the following:
          • the replacement of the goods or the supply of equivalent goods;
          • the repair of the goods;
          • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
          • the payment of the cost of having the goods repaired; or
        • in the case of services:
          • the supplying of the services again; or
          • the payment of the cost of having the services supplied again.
    1. Disputes
      • You agree that agree that any dispute or claim arising out of your membership or our products, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply 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.
      • Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
      • Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
      • To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on Electrolux pursuant to the JAMS instructions.
      • We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
    2. Termination
      • We may, if you are in breach, notify you that we are terminating your Vintec Club membership.
      • On termination, your membership will cease and you will not be entitled to any Rewards under that membership.
      • We do not guarantee that the Vintec Club will continually be available to members. We will take all reasonable steps to give members at least 30 days’ notice if we discontinue or materially change the nature of the Vintec Club.
      • We will not be liable to you for any termination of your Vintec Club membership.
    3. General
      • We may, from time to time, review and update these terms and conditions. We will take all reasonable steps to give members with 30 days’ notice if we materially change these terms and conditions unless that change is due to our Third Party Partners. Any changes to these terms and conditions will be published on the Vintec Club website. Your Vintec Club membership will be governed by our most recent terms and conditions. By continuing to be a Vintec Club member, or otherwise continuing to deal with us, you accept these terms and conditions as it is updated from time to time.
      • Vintec’s privacy policy forms part of these terms and conditions and is available at vintecclub.com. The personal information you provide to us will be collected, used, disclosed and stored in accordance with Vintec’s privacy policy.
      • We may provide our Third Party Partners and Service Providers with access to your personal information in accordance with Vintec’s privacy policy to provide you with access to the Rewards and those Partners may contact you about those Rewards and by becoming a member you consent to this. You may opt out or otherwise manage your consents through the Vintec Club website.
      • These Terms are governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Charlotte, North Carolina, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
      • These terms and conditions, and any other document incorporated in it, constitute the entire agreement between Vintec and you with respect to your use of the membership in the Vintec Club. To the extent permitted by law, any cause of action you may have with respect to your Vintec Club membership must be commenced within 1 year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or any portion of these terms and conditions, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.
      • We may assign, transfer or novate this agreement (or any of our rights and obligations) to any of our related bodies corporate. If so, then you consent to such assignment, transfer or novation.
      • You must not assign or transfer or otherwise deal with any of your rights or obligations under these terms and conditions without the prior written consent of Vintec (including any Rewards or eligibility for Rewards).If you have any questions or concerns about these terms and conditions, please contact us at concierge@vintecclub.com.
    1. Definitions
      • Claim means any claim, demand, action, proceeding or suit made, threatened or brought by or against a person, however arising and whether present, future or contingent.
      • Loss means any debt or other monetary liability or penalty, fine or payment or any damages, losses, costs, charges, outgoings or expenses (including legal costs and expenses).
      • Rewards means access to information, products, events and discounts.
      • Third Party Partners means those third party partners who provide Rewards through the Vintec Club.
      • Vintec Club website means vintecclub.com.