Terms of service
Legal · us.paragraph.wine
Terms of Use
The agreement between you and LBMGB LLC, U.S. merchant of record for Paragraph.
Section 14 contains a binding arbitration agreement and a class action waiver that affect your legal rights.
1. About These Terms
These Terms of Use ("Terms") form a binding agreement between you and LBMGB LLC, a North Carolina limited liability company doing business as A Route West (and rebranding to Avenor) ("LBMGB," "we," "us," or "our"), the operator and U.S. merchant of record for the online store located at us.paragraph.wine (the "Site"). The Site sells non-alcoholic wine and related products under the Paragraph brand on a consignment basis on behalf of Paragraph SA (Switzerland) and its affiliated Spanish entity (collectively, "Paragraph").
By accessing, browsing, registering an account on, or purchasing from the Site, you accept and agree to be bound by these Terms and our Privacy Policy and Shipping Policy. California residents please also review our California Consumer Privacy Notice.
If you do not agree to these Terms, you must not use the Site.
2. Eligibility
You must be at least 16 years of age to use the Site and at least 18 years of age (or the age of majority in your state of residence, whichever is greater) to make a purchase. By using the Site, you represent and warrant that you meet these requirements and that all information you provide is true, current, and complete.
The Site is intended for users located in the United States. We make no representation that the Site or any product on it is appropriate or available outside of the United States.
3. Merchant of Record
LBMGB is the U.S. merchant of record for all transactions on the Site. This means LBMGB is the seller of record on your invoice, processes your payment, collects and remits applicable U.S. sales taxes, and is responsible to you for the order, fulfillment, and customer service relating to your purchase. Paragraph supplies the products and owns the Paragraph brand and intellectual property.
4. Products
The Site offers non-alcoholic wine and related products. Although our products are styled after wine, they are non-alcoholic beverages and contain less than 0.5% alcohol by volume. They are not intended as a substitute for medical advice or treatment. Consult your healthcare provider before consuming if you are pregnant, nursing, taking medication, or have any health condition.
We attempt to display product colors, vintages, label artwork, and descriptions as accurately as possible. However, we cannot guarantee that your screen's display will match the actual product, and slight variations in vintage, harvest, label, or packaging may occur.
We reserve the right to limit quantities, refuse or cancel any order, correct pricing or product errors, and discontinue products at any time without notice.
5. Account Registration
You may browse the Site without an account, but certain features (including expedited checkout and order history) require you to register. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@paragraph.wine if you suspect any unauthorized use.
6. Orders, Pricing, and Payment
All prices are listed in U.S. dollars and exclude shipping, handling, and applicable taxes unless stated otherwise. Prices and product availability are subject to change without notice.
When you place an order, you are making an offer to purchase. Your order is not accepted until we send an order confirmation email and process payment. We reserve the right to refuse or cancel any order at our sole discretion, including for suspected fraud, errors in pricing or description, or insufficient inventory.
We accept payment through Shopify Payments, Shop Pay, PayPal, Apple Pay, and other methods identified at checkout. By submitting payment information, you authorize LBMGB and our payment processors to charge the total order amount, including taxes and shipping, to your selected payment method.
You are responsible for any applicable state or local sales, use, or excise taxes. We collect and remit sales tax in jurisdictions where we are required to do so.
7. Shipping and Delivery
Shipping terms, processing times, carriers, fees, and risk-of-loss provisions are described in our Shipping Policy, which is incorporated into these Terms by reference. Because our products are non-alcoholic, an adult signature is not generally required at delivery.
8. Returns and Refunds
We accept returns of unopened products in their original condition within thirty (30) days of delivery. To initiate a return, contact us at support@paragraph.wine with your order number. The customer is responsible for return shipping costs unless the product was defective or damaged on arrival. Refunds are issued to the original payment method, less any original shipping charges, within a reasonable time after we receive and inspect the returned product.
Damaged or defective products should be reported within seven (7) days of delivery with photographs of the product and packaging. We will, at our option, replace the product, refund the purchase price, or issue store credit.
9. Promotions, Discounts, and Subscriptions
From time to time we may offer promotions, discount codes, gift cards, loyalty rewards, or subscription products. Each promotion may have its own terms, which will be disclosed at the point of offer. Promotions cannot be combined unless expressly stated, are non-transferable, have no cash value, and may be revoked at any time. Subscription products renew automatically until you cancel; you may cancel at any time through your account or by contacting customer service.
10. Intellectual Property
The Site and its content — including the Paragraph name and logo, product names, vintages, label artwork, photographs, text, graphics, video, code, and the look and feel of the Site (collectively, "Site Content") — are owned by Paragraph, LBMGB, or their licensors and are protected by U.S. and international intellectual property laws.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not copy, modify, reproduce, distribute, publicly display, sell, scrape, data-mine, frame, mirror, or create derivative works from any Site Content without our prior written consent.
11. User Submissions
If you submit any content to the Site or to us — including reviews, ratings, photos, comments, suggestions, or feedback ("User Content") — you grant LBMGB and Paragraph a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that User Content in any media for any purpose, including marketing.
You represent that you own or have the necessary rights to your User Content and that it does not violate any law or third-party right. We may, but are not obligated to, monitor, edit, or remove User Content at any time.
12. Prohibited Conduct
You agree not to: (a) use the Site for any unlawful purpose or in violation of these Terms; (b) impersonate any person or misrepresent your affiliation; (c) interfere with or disrupt the Site, its security, or its underlying networks; (d) use any automated means (including bots, scrapers, or crawlers) to access the Site without our prior written consent; (e) attempt to gain unauthorized access to any part of the Site, account, or system; (f) reverse-engineer, decompile, or disassemble any portion of the Site; or (g) infringe any intellectual property right or publicity right of any party.
13. Disclaimers; Limitation of Liability
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, LBMGB AND PARAGRAPH DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LBMGB OR PARAGRAPH (OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LBMGB IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
14. Binding Arbitration; Class Action Waiver
This section requires you to resolve disputes with LBMGB through individual arbitration and waives your right to participate in a class action.
(a) Agreement to Arbitrate
You and LBMGB agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product purchased from the Site (a "Dispute") will be resolved through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at adr.org), rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies.
(b) Arbitrator and Venue
The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration will be [Wake County, North Carolina] (transitioning to Delaware on or after the date LBMGB redomesticates), unless you and we agree otherwise. The arbitrator may conduct hearings remotely.
(c) Class Action Waiver
YOU AND LBMGB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
(d) Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@paragraph.wine within thirty (30) days of the date you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name, mailing address, and the email address associated with your account.
(e) Exceptions
This arbitration agreement does not apply to claims for injunctive or equitable relief relating to intellectual property, or to small-claims court actions.
(f) Severability
If the class-action waiver is found unenforceable, then the entirety of this Section 14 will be null and void, but the remainder of these Terms will remain in effect.
15. Governing Law
These Terms are governed by the laws of the State of North Carolina (and, on or after the date LBMGB LLC redomesticates, the State of Delaware), without regard to its conflict-of-laws principles. Subject to Section 14, any action not subject to arbitration will be brought exclusively in the state or federal courts located in Wake County, North Carolina (or, after redomestication, New Castle County, Delaware), and you consent to the personal jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. Material changes will be notified through the Site or by email to registered account holders. Your continued use of the Site after changes take effect constitutes your acceptance of the revised Terms.
17. Termination
We may suspend or terminate your access to the Site or your account at any time, with or without cause and with or without notice. Sections 8 (Returns), 10 (Intellectual Property), 11 (User Submissions), 13 (Disclaimers; Limitation of Liability), 14 (Arbitration), 15 (Governing Law), and 18 (General) survive termination.
18. General
These Terms (together with the Privacy Policy, Shipping Policy, and CCPA Notice) constitute the entire agreement between you and LBMGB concerning the Site, and supersede any prior agreements. Our failure to enforce any provision is not a waiver of that provision. If any provision is held unenforceable, the remaining provisions will remain in effect. You may not assign these Terms; we may assign them in connection with any merger, acquisition, or sale of assets. These Terms are not intended to confer rights on any third party, except that Paragraph is an intended third-party beneficiary of Sections 10, 11, 13, and 14.
Contact
LBMGB LLC (dba A Route West / Avenor)
742 Ashview Drive
Winston-Salem, NC 27103
Customer service: support@paragraph.wine
Legal notices: legal@paragraph.wine