1815252 Alberta Ltd. Terms of Sale

By placing your order and making payment through Vivino Canada (https://vivino.com) website (hereafter the “Website”) you have entered into an agreement with 1815252 Alberta Ltd. a partner of Vivino acting as the Seller, and fulfillment agent, (hereafter “the Seller”), for the provision of Wine (hereafter all called “Product(s)”). It is important you read these Terms of Sale (“Terms of Sale”) carefully before ordering any products through the Website because they govern our relationship with you in relation to your purchase. You may have other rights granted and these Terms of Sale do not affect these except if the two are inconsistent. If this is the case then these Terms of Sale will override any other rights which you may have, unless this is not permitted by law.

1. Our supplier details

You have engaged 1815252 Alberta Ltd., to fulfil all orders placed through the vivino.com website. The terms of use of the Website are set out in Schedule 1 of these Terms of Sale.

1815252 Alberta Ltd., is a company registered in Alberta, Canada. 1259 Highfield Crescent SE Calgary, AB T2G 5M2

2. Who can purchase from us?

To purchase products from 1815252 Alberta Ltd., and have your order fulfilled by us, you must be of legal drinking age in your province of residence. We can only deliver within Canada.

Current legal drinking ages by province: British Columbia - 19 years of age Northwest Territories - 19 years of age Nova Scotia - 19 years of age Nunavut - 19 years of age Ontario- 19 years of age PEI - 19 years of age Saskatchewan - 19 years of age Yukon - 19 years of age Alberta - 18 years of age Manitoba - 18 years of age

3. How your contract with us is formed

Orders are submitted via the Website in the following way. Once you are ready to make a purchase, you will check out of your shopping basket. The website will ask for your payment details which will be processed on a secure server. When your payment has been processed your order information will be passed to the Seller including your mailing address. We will not hold any of your payment details. It is your responsibility to ensure your order is correct before submitting. You will have 12 hours from the point of order to change your delivery address/name. If you have any problems with your order, you should contact Vivino Customer Service via email at ca.orders@vivino.com. The Vivino customer service team will respond to you directly via email. You will receive a confirmation email to acknowledge your order has been successfully placed with information on the product you have selected (“Placed Email”). All orders are subject to acceptance by the Seller. We are not obliged to accept your order and may, at our discretion, decline to accept your order in which case you will receive a full refund within 10 business days. On receipt of your order the Seller will check to make sure it is able to fulfil your order. When the Seller accepts your order, you will receive a second email (“Confirmation Email”) confirming your order. Once your order has been fulfilled and dispatched via the courier, you will receive a shipping confirmation email (“Shipped Email”) that will contain tracking information relating to your order. This is sent out automatically by Vivino to the email address you register with. By sending you the Shipped Email and thereby confirming and accepting your order, the contract (“Contract”) between you and the Seller is formed. You should check both the Placed Email and Confirmation Email for accuracy and let Vivino know by email immediately if there are any errors. If there are any errors that need to be corrected, please contact Vivino Customer Service immediately at ca.orders@vivino.com and complete the following steps to avoid future issues:

You can update your Vivino.com account information by logging into your account at vivino.com. To login, click on the “My Account” [tab] which is located at the top-right of each page. You will then be asked to enter your email address and your password to access your account. If you login with your Facebook account, you will not be able to change your email or password.

Once you have logged in, you will see a list of the items you can view and/or edit. Simply click on the item you wish to edit from the selections listed and save your updates as applicable.

Vivino and its retail partners do not store your credit card information. We use an encrypted, secure service and you will need to fill out your credit card information each time you place an order.

If there are any problems with your order which we wish to query, you will be contacted by a representative from Vivino Customer Service. Invoices shall be raised by 1815252 Alberta Ltd. and sent to you in an email.

4. Price and payment

The prices for the Product(s) indicated on the Website exclude tax. At checkout all prices will be updated to include taxes and shipping costs, which may be payable in respect of the Product(s). All payments are taken at time of the transaction for the Product(s) and processed when Product(s) ordered are shipped. Payment for all Product(s) must be by credit card. If the Seller is unable to accept your order for any reason then the Seller will either reject your credit card or refund any money paid by you in respect of that order. The Seller will not dispatch the Product(s) until the Seller receives payment in full. Please note, it is possible your card issuer may charge you an online handling fee or processing fee. The Seller is not responsible for this. For payment by card, all credit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or the Seller’s service provider refuses to, or does not for any reason authorise or validate the payment, the Seller will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

5. Delivery, title and risk

The Seller aims to deliver Product(s) to you, to the delivery address you have requested in your order. We aim to dispatch products from our warehouse within 3 business days of receiving the order. We can only deliver Product(s) to addresses within Canada. The Seller does not ship to Quebec, New Brunswick, and Newfoundland. The Seller is also restricted by law to specific postal codes. As per Alberta legislation, all Product(s) are sold in Alberta and title, ownership and risk of the Product(s) will pass to the buyer upon sale.

6. Your right to cancel

You are purchasing product(s) that are final sale, unless such Product(s) were damaged or faulty* when delivered to you or have been incorrectly delivered (please refer to FAQ* for details). Please note once you have paid for your order, you will have 12 hours to amend or change the order (as long as there is sufficient inventory to meet requests), to make any amendments or changes you must contact Vivino Customer Service in writing within 12 hours of the order being placed. Vivino Customer Service can be contacted through ca.orders@vivino.com

7. Right to refuse delivery

Deliveries must be signed for at the time of delivery. Proof of age will also be required by the signatory to ensure delivery is successful. Should a receiver not be able to provide proof of age or signature a delivery might not be completed.## 10. Transportschäden Sollte Ihre Bestellung mit offensichtlichen Transportschäden angeliefert werden, so reklamieren sie den Schaden direkt beim Zusteller und nehmen Sie bitte umgehend Kontakt mit uns auf.

8. Other information of which you need to be aware

The Seller may not necessarily keep a copy of these Terms of Sale and your order. The Seller advises you to print a copy of these for your information in the future. These Terms of Sale and any document expressly referred to in them represent the entire agreement between you and the Seller in relation to the subject matter of the Contract. The Contract and all communications between you and the Seller will be conducted in English. The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the law of Canada. The Canadian courts will have an exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Sale or use of the website. If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them. All notices given by you to Vivino must be given in writing to the address set out at the beginning of these Terms of Sale. Vivino may give you notice at either the email or postal address you provide to the Seller when placing an order.