Lot 18 Holdings, Inc.

Thank you for alerting us to this dispute. Summary: Customer self-enrolled into a subscription wine club service, agreeing to be charged for shipments of wine until cancelling. Customer also agreed to the wine club policy that processed orders cannot be canceled. Customer’s account was...

canceled promptly upon request. The customer self-enrolled into the Tasting Room wine club subscription on the date of 09/**/2016, via the Internet. Shortly after enrollment, a shipment of tasting wines was sent out to the customer which they had the option of rating online to customize their future wine club shipments. Per the Offer Details the customer agreed to upon enrolling (see below), the customer had 30 days after their enrollment date to submit their tasting kit ratings before their second wine club shipment was processed. By submitting the tasting kit ratings, the customer agreed to have a second wine club shipment processed within 24 hours. If the customer did not wish to be charged for this 2nd club shipment, within 24 hours after submitting the tasting kit ratings online, they had the option of either canceling the membership (this can be done online, in the same account that the customer was logged into to submit the tasting kit ratings) or changing the date of the 2nd club shipment to a day they prefer. On the date of 9/**/2016, the customer logged into their account at [redacted] and submitted ratings, online, of the wine tasting kit they had previously received. As they did not schedule a different processing date or cancel the subscription, their second wine club shipment, for 12 full-size bottles, was processed on the date of 09/**/2016 05:12:26 AM. Please note that a message explaining that an order would be processed based on their ratings, within 24 hours, was shown to the customer after they submitted their rating online. This ‘pop-up’ message is shown to every customer who submits tasting kit ratings online within the first 30 days of their club membership. After the order was processed on 9/**/2016, an email notification confirming the shipment was sent to the customer. Below are the Offer Details the customer agreed to upon enrolling in the wine club. Please note these Offer Details are displayed in large format text on the enrollment page the customer used to sign up for a wine club membership. This is displayed directly to the right of the fields where the customer entered their credit card information and is thus, highly visible. All members agree to the Offer Details when submitting their enrollment and initial payment.  “OFFER DETAILS Your Wine Tasting Kit will be sent right away. It will include simple instructions on how to rate the wines included in the kit and receive your FREE Wine Profile. Just 24 hours after you finish rating the wines and receive your profile, we’ll send your first shipment of wine (12 full-size, 750ml bottles) for only $149 (a little over $12 per bottle), plus $19.99 shipping. That's up to 40% off the retail price! You'll receive a new case of wine, each bottle selected based on your profile, every other month thereafter. You'll always pay the same low price. You may cancel or skip any upcoming shipment at any time on our website or by calling###-###-####. There are no cancellation fees. Wine deliveries are not contingent upon rating the wines in your Wine Tasting Kit, but we encourage you to rate them to ensure we send you wines that best match your preferences. If you do not rate your wines or cancel within 30 days of signing up, we’ll send you 12 bottles of customer favorites for $149 plus $19.99 shipping.”
The customer called the Tasting Room customer service department on the date of 9/**/2016 and canceled their membership. This means no further orders will be charged or processed unless the customer reactivates the account. The current order is the last that will be sent out to the customer as it was processed 2 days prior to the membership cancellation. If the customer wishes to receive a refund, they may return the package. Our returns policy is explained on our website’s Frequently Asked Questions (FAQ) section. Below is the relevant section: How do I return my product? If you are unsatisfied with any wine that you received, please contact [redacted]. If you have received a shipment and would like to return it, you can send your unopened wine to [redacted] to receive a refund. Only complete, unopened shipments are accepted for returns. Please include the order number and your shipping address with the package so the return can be identified with your account. When we receive your wine, we will refund your card in full (minus any shipping charges) and notify you via email. We appreciate the Revdex.com's help in resolving this matter. Please let us know if any further information is required.

To confirm, [redacted] logged into her/his account and chose to have her/his most recent wine club shipment processed earlier than it had been scheduled. Just prior to making this change on her/his account, as we demonstrated in our prior response, [redacted] also changed his subscription settings so s/he would only receive red wines instead of a mix of red and white wines. While [redacted] has not acknowledged that s/he took this self-initiated action, we can confirm that the order was processed earlier than scheduled because s/he logged into her/his online account and submitted the request to process and charge the order early.There is nothing deceptive about empowering customers to change the date they will be charged for a wine club shipment. The Tasting Room aims to offer the most flexible, customizable wine club experience. Customers can simply log into their account (or contact customer service) to re-schedule upcoming order dates--a feature that [redacted] used on 5/*/15.  If a customer logs into their account elects to process an upcoming order earlier than scheduled, by using an option called "Ship Now"--as [redacted] did--then any past correspondence about the scheduled order date is irrelevant as the customer has chosen to change the date themselves. To be 100% clear, if [redacted] had not logged into his/her wine club account on 5/*/15 and chose the "Ship Now" option then her/his order would have been processed on the date of 5/**/15. Instead, [redacted] took the action of changing the order processing date on his/her own accord and did not contact Tasting Room until the day the order shipped with [redacted] to request a cancellation of the account and the order. If [redacted] had mistakenly chosen the "Ship Now" option on 5/*/15, while logged into his/her account, s/he could have contacted the Tasting Room immediately to request cancellation of the pending order as it was not charged until the following morning. S/he could have also contacted Tasting Room the day after s/he chose to process the order early, as a confirmation email listing the price he paid and the wines that would be shipped was sent to her/his registered email address. Instead, [redacted] did not contact Tasting Room until 5/*/15. Please note that her/his first communication about the order was sent nearly *6 hours after s/he chose this option. Consequently, the order could not be canceled as it was already processed and was shipped out with [redacted] that same day.As [redacted] refused the [redacted] shipment, s/he was refunded for the value of the wine, per the Return Policy that s/he agreed to upon self-enrolling in the Tasting Room wine club. Please note that the Tasting Room strives to give our members flexibility in scheduling their order processing dates. Members have the option of choosing to process a shipment earlier than scheduled, as [redacted] did, or pushing the date up to 1 year in the future. Members can also change the frequency of shipments (every month, every other month or every three months) and the number of bottles per shipment (2, 6, 12). If, for some reason, a customer accidentally chooses to be charged for a shipment of wine earlier than scheduled, they can simply contact customer service for help. However, Tasting Room has a strict policy that processed orders cannot be canceled as our business strives to ship orders as quickly as possible. While our staff is happy to help customers it is unreasonable to expect that an order processed 36 hours prior can be canceled. We kindly ask the Revdex.com to render a decision as we have demonstrated that the customer self-initiated the order and did not contact our business for nearly 36 hours after doing so. We have also demonstrated that the customer received a refund after refusing the shipment. Further, we can confirm the customer's account was canceled promptly upon request so no further shipments will be charged or shipped unless the customer choses to reactivate their membership at a later date.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]
 The [redacted] neglected to state that their own phone service representative said to me that prior to sending a shipment of wine, they will send a confirmation email, that I would be able to then call them and cancel the shipment.Additionally, if I chose to return the wine, I would be subject to a $15 restocking fee. I asked that, since I never received the email, I'd like the restocking fee waived.
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

I just got another order of wine that I don't want.  This better not be on my card!  Funny how a shipment of wine shows up here after I filed this complaint.  Well not funny.  I'm a disabled 9-11 responder.  I'm not up to this stress.  I entered something thinking it was worthwhile and it's not.  Really creepy how they just happened to ship nine bottles!  I thought it was pro bono and I was miffed because who wants truly awful undrinkable wine?!
Thanks for more problems Lot 18.  The deal was that you would send wine after the taste test but you sent wine regardless.  Now I'm drowning in awful wine.  I would think it's apparent I cancelled.  I guess I'll do a credit card dispute.  Great.
Have to love your business ethic.
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:
They Have not addressed 75% of my concerns.
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Thank you for bringing this matter to our attention. To confirm, [redacted] membership to the Tasting Room wine club was canceled, per the customer's request, on 2/**/15. A refund for the value of the shipment has since been issued as the customer refused delivery...

and the package was returned.Please note that the order the customer is contesting was processed prior to their wine club membership cancellation. The Tasting Room policy, which all members agree to upon enrollment, is that processed orders cannot be canceled. Canceling membership to the Tasting Room wine club will cancel any upcoming orders that have yet to be processed. Membership cancellations do not retroactively cancel past orders and the Tasting Room does not offer cancellations for orders processed prior to a membership termination request. [redacted] self-enrolled into the Tasting Room wine club on the date of 1/*/15. During enrollment the customer agreed to the Tasting Room terms and conditions, including our policy regarding order cancellations. Before any prospective customer is allowed to complete their order, they must agree that they have read and understand the terms and conditions, which the customer agreed to before submitting payment on 1/*/15. Additionally, all of the basic information regarding a Tasting Room wine club membership such as costs, and future shipments, were laid out on the same webpage that [redacted] used to enroll in the wine club. During enrollment [redacted] was informed that a second wine club shipment would be processed in 30 days. The Tasting Room offers members advance notification of upcoming orders and the flexibility to change or cancel orders. Upcoming shipment dates are listed in each member's account alongside online features that allow members to schedule the date their next order will be processed. Members can push their next shipment date up to 1 year into the future. Members can also request that an order ship earlier than scheduled. As [redacted] did not cancel their membership or contact the Tasting Room during the 30 day period after enrollment, their next order was process on the date of 2/**/15 at 10:04 AM  EST. After the order was processed, the customer was contactedvia email with the order details. It was only in response to the order confirmation email that the customer called the Tasting Room service department to request a membership. This call occurred on 2/**/15 at 10:10 AM EST. At that point, our customer service staff explained the order cancellation policy both verbally, during a phone call, and in writing, via an email. [redacted] was also provided with details of our return policies and procedures. Please note that information about the return policy is also publicly posted on the Tasting Room website in our FAQs (Frequently Asked Questions) section. [redacted] called the Tasting Room twice on 2/**/15. During her first call, the policies were explained and the customer’s membership was canceled. In response, [redacted] cursed at the representative helping her. The Tasting Room does not tolerate the use of profane language or abusive behavior toward our staff. This is explicitly stated in the Terms that [redacted] agreed to when she enrolled in the club on 1/*/15, in a section detailing the Code of Conduct for club members. A supervisor followed up with the customer several times via email as they had requested that their order cancellation request be escalated. The first email confirmed that the customer’s membership was canceled and that the current shipment would be the last sent as it was processed prior to the customer’s cancellation request. The second email explained that no further profane language directed at the Tasting Room staff would be tolerated. [redacted] replied that “I could care less about foul language.”On the date of 2/**/15, [redacted] refused delivery of their package and a refund for the value of the wine has been issued, for the total of $149. Per the Tasting Room Returns policy, a restocking fee of $15 was charged. As the customer has canceled their membership, no further shipments will be processed or sent unless they choose to re-enroll at a later date.We appreciate the Bureau's help in resolving this complaint and are happy to provide any further details.  [redacted] Membership Timeline:1/*/15 - Customer self-enrolled into the wine club, agreed that they had both red and understood the terms and conditions. Customer was charged for initial shipment.1/**/15 - Customer’s first wine club shipment was delivered by [redacted]. 2/**/15 10:04 AM  EST– Second wine club shipment processed. Customer was emailed a confirmation. 2/**/15 10:10 AM EST - Customer called Tasting Room to cancel her membership. No previous contact prior to this call. In total, Tasting Room service department responded two 2 phone calls and several emails from the customer. 2/**/15 – Customer refused the delivery. [redacted] initiated return of package. 2/**/15 – [redacted] returned package to fulfillment center.2/**/15 – Refund for the value of the wine was issued for returned package. $15 restocking fee charged.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has not been resolved. 
I called customer service and canceled my subscription, at least a week before the shipment was sent out.  They responded to me in email from stating that the received my message.  They  knew I wanted to cancel because in the follow up email they asked if there was anything they could do to try to get me not to cancel.  Like shipping smaller batches of wine.  They should never have sent out the shipment.  I sent the shipment back they shouldn't charge me return shipping or a restocking fee.  I expect to be reimbursed of $45.00 which never should have been taken out of my account.   These people are rude nasty people, who try to take advantage of people, they think they can just charge away because you have to give them a credit card to receive the first trial.
ThThis is unacceptable 
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

We have no indication of the customer canceling his membership, either online or over the phone, prior to the date of 4/**/15. At that point, a wine club shipment had already been charged and processed on his account the day before (4/**/15). We have searched our email and phone records and do not...

see any prior emails, phone calls or voicemails, about any issue, from the customer's registered email address or telephone number. The first record of contact from this customer is 4/**/15 -- the day AFTER the customer's third and final shipment had been processed and the day after our system triggered a confirmation email with the order details to the customer's registered email address. Please note that memberships to the wine club can be canceled at any time online or over the phone with our call center Mondays - Fridays 10 am to 6 pm EST. Membership cancellations work on a go-forward basis and do not cancel previously processed orders. This is in the membership terms that all customers agree to upon enrollment. Members have the opportunity to review this on the very same enrollment they use to start their wine club membership. This policy is also explained in the Frequently Asked Questions section of our website. As the customer's package was returned-to-sender, a refund for the value of the wine has been issued per the wine club's return policy. The customer's membership was canceled on 4/**/15 and this means no further orders will be processed on his account unless he reactivates his membership at a later date. We appreciate the Revdex.com's help in resolving this dispute. Please let us know if further information is required.

Thanks for alerting us to the need for a reply. As stated in our prior message, this customer had access to instructions for canceling the account either online--which can be done at any time--or over the phone, during business hours, with a Tasting Room representative. These are the 2 options for canceling, which are explained on our website as well as in emails sent directly to the customer. This is the same policy that all members agree to upon enrollment in our wine club.
In this case, the customer did not complete their cancellation online or over the phone, during business hours, until after their next shipment was processed. We are sorry to hear there was some confusion about the policy, but it should be noted it is explained on our website--and it was sent to the customer in writing--prior to the date on which the customer's next shipment was charged.

To confirm, the customer received a refund for the value of the wine due to an issue with delivery. The customer has been notified via email. In response to the comments made by the complainant, the [redacted] Terms, which the account holder agreed to upon enrollment, clearly state that membership may be terminated "where [redacted] by Lot18 has made this option available to you."This text included in the portion of the terms that the complainant included in their last message. The Terms do not state that membership may be canceled via email request. The [redacted] has two options for canceling membership: via the phone or online through the member's account. In February the customer replied directly to an email notification reminding them that a shipment would be charged later that month, demonstrating that they had received advance notification of the upcoming order. While [redacted] is clear that wine club shipments will be processed whether or not members receive courtesy reminders prior to the processing, in this case the customer acknowledged receipt of the reminder. Please note that in filing their initial complaint, the customer said the order came "out of the blue." Yet the very email they replied to, informing them that a shipment would be processed on their account later that month, clearly stated the following: "You can cancel your membership by calling ###-###-#### any weekday between 10am and 6pm Eastern time. You may also access cancellation information at any time by clicking the Club Management tab within your online [redacted] account. Please make any changes, including cancellation of your membership, by February ** to avoid being charged for your club shipment."This demonstrates that the wine club order did not come "out of the blue" and the customer was also aware of how to cancel their membership over the phone or online. It is not the fault of [redacted] that the customer did not do this prior to their order processing date.  In addition to receiving upcoming shipment reminders explaining how one may cancel their membership before the listed order processing date, the customer also had access to this information by visiting the FAQs or their online account with [redacted]. To confirm, the FAQs state that membership may be canceled either over the phone or online. Finally, instructions on how to cancel were also provided to this customer via email, after their initial contact, by our customer service staff. As the customer did not cancel online or over the phone--where [redacted] by Lot18 had made the option available--they remained enrolled in the club until calling our service center after the contested shipment was processed. In conclusion, [redacted] upheld our agreement with the customer. The customer was provided instructions on how cancel their membership prior to receiving another order via email on at least 2 occasions. The customer also had access to this information at any time, by visiting the [redacted] website. The customer was also informed of the policy regarding order cancellation. The customer's membership is canceled so no further orders will be processed or sent. Finally, [redacted] promptly refunded the customer, for the value of the wine, after being alerted to delivery issues.

As it turns out, the customer has found and submitted a partial screenshot of an old promotion. To confirm, this is not the promotion he used when signing up for a membership. Although this screenshot only shows the top portion of one now-defunct enrollment page, scrolling down the same page would have revealed that it is dated 2013. Further, the enrollment materials, even in 2013, were clear about the rating policy. Please note the customer did not actually use this offer to enroll in our wine club. In fact, the pricing listed in the old promotion the customer has found and submitted is entirely different than what the customer paid. Our business no longer offers the pricing detailed in the 2013 promotional offer the customer submitted. We refer the Revdex.com back to the attachments uploaded in our last response, as these are images of the exact enrollment forms that the customer used to start his subscription in February 2015. As noted in our prior responses, the club policies regarding automatic billing, tasting kit rating and membership cancellation are all clearly explained on the promotion the customer used to enroll in 2015.Nonetheless, here are the offer details from the 2013 enrollment promotion that the customer posted (screenshot is attached). Please note that even in 2013 the enrollment form is clear that the customer will be charged for and sent wine, on a specific schedule, unless the member cancels the account. This demonstrates that our business has been clear about this policy and explicitly stated it on enrollment materials, since we launched our subscription-based wine club in 2013:"OFFER DETAILSYour six wine samplers will be sent right away. Your wine sampler kit willinclude simple instructions on how to rate your samplers and receive your freeWine Profile. After 30 days of receiving your samplers, unless you cancel, youwill receive convenient delivery of your first case of wine (12 full-size,750ml bottles) for only $84.49 — that's 50% off regular price! — plus tax.Then, every 3 months, you'll receive a new case at the low flat rate of $149 (asavings of 40% off retail), plus $19.99 shipping and tax. Delivery of yourfirst case is not contingent upon rating your samplers, but we encourage you torate them to ensure we send you wines that best match your preferences. See ourTerms & Conditions and Privacy Policy."To recap, we have demonstrated the following:#1 The enrollment materials the customer used to sign up for a wine club membership in February 2015 included all pertinent information about the billing schedule and cancellation policies. #2 Further, we have also demonstrated that this information was included on our enrollment forms going back to the wine club’s launch in 2013. #3 Finally, we have shown that the enrollment offer the customer submitted is not the same enrollment offer he used to create his wine club membership as the pricing is different. At this point we request the Revdex.com render a decision as copies of the original enrollment offer the customer used have been submitted for your organization’s review. If any further information is needed to resolve this dispute, please let us know.

Revdex.com:
You are wonderful; if it weren't for you, I'm not sure I would have gotten my money back. This company, on the other hand, is one of the most deceptive and unethical businesses I have dealt with in my life. Their customer service team flat out ignored the emails I sent to request cancellation of my account. After shipping me a nondescript container without any email warning, they refused to accept the return. I first filed a dispute with my credit card company, who first ruled in my favor, and then overturned the decision based on the merchant's request. I would like to support the Revdex.com in any way I can.   
After 5 months of dealing with this company through their customer service, my credit card company's dispute system, and through the Revdex.com, the matter is finally resolved but I'm unhappy that this company can still do business and continue to deceive other innocent customers.
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me and the matter has been resolved.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]
 
 I will reiterate that the enticing advertisement enclosed of the screen shot I uploaded in my last response were not consistent with the other terms and conditions the business is now relying on. Even if those are technically correct, the original advertisement was misleading. 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

I believe the business is misleading it's customers who want to order the $6.95 offer but do not realize that they sign for recurring membership fees of $59 a month.I received a notification regarding a shipment to which I responded that I request not to ship, but the following day I still received an email saying that the shipment was ship.So to summarize:1. Taste room mislead its customers by hiding the additional committed expenses2. Tase room doesn't provide the opportunity to change shipment ahead of time thus forcing the $15 cancellation fees 
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]I continue to maintain that this business operates in a way that seems intentionally designed to send goods not wanted by the consumer -- in this case, me.  I continue to maintain that the overriding document is their email that no shipments would be made until a future date.It seems they argue that I changed that online, which I do not recall doing.The draw to their wine club is a group of sampler bottles, for which I paid.  The idea is to sample those wines, respond to questions about them, rating them and so forth.  I did that, online, as was part of the program.  It seems they are now arguing that as part of that response I would have changed the shipping date of the next shipment.  I have three responses about that argument.  First, I do not recall any part of their sampler questions indicating I would be ordering any wines.  Second, if I supposedly ordered wines, they at no time told me that a shipment would be made or what would be shipped.  I understood the program was that based on the wine sampler they would recommend wine shipments to me or at least give notice of what they intended to ship with time to accept or decline.  It appears they send whatever they want to send and at whatever price they desire to charge.  I never agreed to such a unilateral agreement and would not.  Furthermore, it is a bad business practice because it forces a sale onto the consumer, which should not be allowed.Third, American contract laws generally are not enforceable unless there is an agreement on the part of both parties.  Such is determined to not be possible if one or more of the parties has been consuming alcohol or other substances that would interfere with sound judgment.  If this company maintains that orders are placed immediately following the consumption of their wine sampler, they would know such "orders" are invalid due to the possibility of impaired judgment.  This is a "fine print" company -- they are not upfront about their proposed transactions with consumers.  They hide things in the "fine print" and, particularly poorly, knowingly do so following consumption of alcohol.  A fair and responsible wine club would send an email alerting consumers that the company proposes to ship, in a certain number of days, certain identified products at and what cost.  This would give the consumer an opportunity to accept or reject the actual shipment.  Anything less than that seems designed to abuse the consumer.Sending an email that a shipment has already been sent does not give the consumer adequate notice to accept or reject the shipment.  My response to them that I did not want the shipment was well within a reasonable time to respond to them, but they claim it was "too late" because the shipment was already made.  However, any response would be deemed "too late" by them since they only send notice AFTER the shipment has originated, which is absurd.My complaint against this company is about the charges they made to my account and also their business practice and timing of doing so for myself and others.  I believe it is programmed to have complaints and disputes that put consumers in a difficult situation due to their "fine print" and not a normal, responsible business relationship.  Due to their absurd business practices, I reject anything less than a full refund including all shipping and handling fees.  They should absorb the costs of their unethical attempts to coerce consumers with their "fine print" arguments when adequate notice was not provided by design.Thank you.
 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]

We sympathize with the issues the customer had in accepting delivery and we again offer the customer an opportunity to receive a replacement shipment for the one that was returned. On the date of 10/**/2015, a customer service representative noted that the restocking fee, levied on returned packages, would be voided should the customer choose to have a new shipment sent out to him. The customer did not choose this course of action and, instead, canceled his account with our wine club. We note this as the customer previously stated that we should have offered to send a replacement; which our staff did in responding to his initial inquiry about the returned package. 
To clarify, [redacted] generally holds packages for up to 5 business days after a customer misses 3 delivery attempts, this is not guaranteed by our business. As our business is not the carrier, we are unable to guarantee any action taken by a package carrier though we try to be clear about what typically occurs once a package is in the hands of a carrier. We do apologize, in this case, that the carrier did not hold the package after the 3 missed delivery attempts and we have refunded the typical $15 restocking fee levied on returned packages due to this situation.
As we shipped the package to the address the customer provided, and it was undeliverable after multiple attempts by [redacted], our business incurred the cost of shipping the wine to him and back. The $19.99 shipping fee the customer paid is typically not refunded due to these costs (please note it does not cover the full expense of shipping a case of wine twice, so the customer is not responsible for the full cost).
When a customer enrolls in our wine club, they agree to be solely responsible for the shipment of alcoholic beverage products. By placing an order with Tasting Room, the customer authorizes Tasting Room to act on customer's behalf to engage a common carrier to deliver the customer's order. While we do not control the delivery of a package, our business is proactive in helping customers receive deliveries in a timely fashion. We extensively notify customers of the legal requirement to have an adult sign for wine deliveries; we attempt to notify customers via email each time they miss a delivery with a carrier (in fact, this customer responded directly to an email we sent about a missed delivery entitled: Oops! You missed your Tasting Room delivery); and we go above and beyond industry standards in having packages redirected to new addresses no additional cost to the customer. We are also happy to send replacements out for returned shipments and waive fees for our wine club members. 
If the customer wishes to have a replacement shipment sent out, we are happy to help. If the customer chooses this option, we will make an exception to our return policy and refund the $19.99 shipping on his first returned order. Please note that we have already refunded the usual $15 restocking fee levied on returned packages. If the customer chooses not to receive a replacement, then we can confirm he has received a refund for the value of the wine as well as a refund for the $15 restocking fee applicable to undeliverable packages.

Please note that [redacted] has filed 2 complaints about the same issue. We ask that the Revdex.com consolidate into one dispute. The other complaint is handled by [redacted] at the NYRevdex.com and the Complaint is #[redacted].We have demonstrated that our policies regarding rating are available on the enrollment materials and posted in several places online. The customer has acknowledged that they had access to all of this information. We do not see a conflict as our website and enrollment materials describe both scenarios: Scenario #1: What happens when a member rates their tasting kit.Scenario #2: What happens when someone does not rate their tasting kit. If the customer was confused about the policy, they had the option to contact our service department or visit the site's FAQs for clarification. Please note that it does not state in any of the materials that you will not be sent wine club shipments if you do not rate your tasting kit--this is an assumption made by this customer. Meanwhile, the enrollment materials and the website explain that shipments are not contingent upon rating and a that our club will attempt to process the second wine club shipment within 30 days, whether or not tasting kit ratings are submitted (unless the customer cancels the membership or re-schedules their shipment date which are features available to all members online in their account or through our service department).To confirm, the policy regarding rating the tasting kits sent at the start of each wine club subscription is clearly stated on all enrollment materials and is also publicly available on our website. In the Frequently Asked Questions section of the website, the following is posted:"How often will I receive wine shipments?After rating your kit, unless you cancel, you’ll receive your first shipment ofwine. Your first shipment will be processed as quickly as possible after yourate your kit – typically the following day. If after 30 days you have notrated the wines in your Tasting Kit, we will automatically send a selection of12 customer favorites for your first shipment. You’ll receive a new case ofwine 2 months after we send your first case. All shipments thereafter are sentevery 3 months. You can modify your shipping dates at any time via our websiteor by contacting Member Services. There are no forms to fill out, phone callsto make or emails to send. The wine comes to you automatically, unless you callto cancel."Further, on the enrollment page this customer used to self-enroll into the [redacted] wine club, it clearly states:  "Wine deliveries are not contingent upon rating the wines in your Wine Tasting Kit, but we encourage you to rate them to ensure we send you wines that best match your preferences." This customer has corresponded with our customer service department in March 2015. The information above was sent to the customer via email on Mar **, 2015 2:59 PM. As the customer agreed to this policy upon enrollment and did not cancel their membership in the first 30 days, a second wine club shipment was processed and sent as scheduled. The customer was apprised of the upcoming shipment schedule during enrollment and this information was also available in the member's online account with our business. Further, the policies were explained again via email on March **, 2015 which we know the customer received as the customer responded to the email explaining the policies. The customer did not contact our business to cancel their membership until six days after their second wine club shipment was processed and a full day after the shipment was delivered to their address. Prior to processing the shipment, [redacted] attempted to contact the customer via email 14 and 7 days prior, to let the customer know the date on which their card would be charged for another wine club shipment. These emails also encouraged the member to rate the kit as our business attempts to send these reminders to any new customer who has not rated their kit prior to receiving their second wine club shipment. Additionally, our business sends emails to customers when an order is processed, confirming the details of the purchase, and again when the package is shipped. Although the customer had access to all of this information, the customer did not reach out to either delay shipment or cancel their membership, or for any other matter, until the day after their shipment was successfully delivered. Please note that all correspondence about the account was going to the same email address that the customer used to correspond with our service department so it seems our messages are being received, including order confirmations, upcoming shipment reminders and tracking number confirmations. To date, we have not received the shipment back. If the customer wishes to receive a refund for the value of the wine, they must return all of the unopened wines. Instructions on how to return the wine were emailed to the customer on 3/**/15 and the customer can also find these posted in 2 places on our website (in the FAQs and in the Terms). Please find attached a screenshot showing both the membership cancellation and rating policies explained on the enrollment page that this customer used to self-enroll into our wine club. Please let us know if any further information is needed. We appreciate the Revdex.com's help in resolving this dispute and combining it with the identical dispute the same customer opened Complaint #[redacted].

The [redacted] attempts to contact members, via email, with courtesy reminders prior to their order dates. [redacted] does not guarantee that these courtesy reminders will be received by the customer. Whether or not a member receives a courtesy reminder via email, their order will be processed per the schedule they agreed to upon enrollment (or agreed to upon making any later updates to their account). Additionally, all members have access to their upcoming shipment dates simply by logging into their [redacted] online account. This is covered in the [redacted] Terms of Service, publicly posted on our website here: [redacted]5.2 [redacted] by Lot18 will attempt to send two courtesy reminder emails – one 14 days and one 7 days prior to your next club shipment – to the email address we have on file. Once the order has been placed you will receive an email receipt for your records. Please be sure to add [redacted] to your address book and mark [redacted] by Lot18 emails as "Not Spam." You may postpone your order or cancel your membership at no cost before the order is placed. If you have received your shipment and would like to return it you can send your unopened wine to [redacted] to receive a refund. Please include the order number and your shipping address with the package so the return can be identified with your account. When we receive your wine, we will refund your card in full (minus any shipping charges) and notify you via email. If your order is undeliverable and is returned to us we will process the return and refund your card, minus any original shipping charges, and charge a $15 return shipping fee.As [redacted] did not contact [redacted] prior to her order processing date, she was charged for and shipped wine per the agreement she made with the [redacted] wine club. As the wine is delivered, she has the option to return the package to the address above to receive a refund for the value of the wine. Please note that a $15 restocking fee will apply.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID#[redacted], and have determined that my complaint has NOT been resolved because:

[Your Answer Here]
 The refund of $149 for the wine I DID NOT ORDER has been returned to my account.I was not refunded the 'palleting cost' and 'shipping cost' - but if they truly cared about their business ethic and customer relations they would have taken full responsibility for their deception and gave me a full refund. I wouldn't have to waste money and time dealing with this hustle. no matter how much time or money it is. That being said, every company sneaks information passed the consumer by putting it in the fine print. Unless you are an attorney, paranoid, or bored...you don't read that stuff. especially when its something like wine. However its generally understood that a wine membership means YOU CHOOSE what kind of wine, the price range, the color.....SOMETHING. They just took it upon themselves and charged me and sent me wine that is probably just overstock batches from failing wineries. I asked 'TASTING ROOM' customer service to mail me a PHYSICAL letter in writing that my name and bank information has been removed from their system. They instead said we only do communication electronically and my information from my original purchase (that I actually choose to make) will be saved in their system for records. So basically they did not do any of the things I asked of them. It looks like I'm not the only one that doesn't like wasting time and paying unnecessary postage costs. 
 
 
 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:

We, the customers, have reviewed Lot 18’s response, and find the following errors:1) They failed to respond to the gaps in their TOS.2) They failed to address the delay in canceling our membership.3) They failed to address the lack of product receipt.First, the TOS provided by Lot18 does not state with specificity that email notification—which in common-law practice and as stated by all the nation's courts is a legally acceptable form of written communication—is insufficient notice of intent to cancel. Indeed, their TOS states, in pertinent part,“[redacted].Further,"[redacted]."By their own admission, our letter of intent to cancel was received by Lot18 on 2/**/15 in written form, via email. If Lot18 wishes to rely upon their TOS, they must make clear precisely which form of contact is appropriate, not make changes to their TOS to specifically exempt certain forms of communication regarding cancellations ex post facto. Simply because Lot18 now chooses to include a provision stating that “only phone or website cancellations are accepted” does not legally bind their customers to such immediate change; changes must be made not verbally, but in writing and by posting on their website, because their TOS states that this is the way they will implement such changes. These ‘changes on the fly’ are not only disingenuous, but smack of ‘dealing from under the deck,’ since Lot18 cannot prove that they did timely post such changes in these communication provisions to their TOS, indeed, nor have they made any such claim.Aside from the obvious lack of justification for ignoring our email request for cancellation, upon receiving the response from customer service, we did in fact log into the online system and cancel the account. They conveniently ignored that factual information in their response as well.Second, Lot 18 failed to address the enormous gap between the time we canceled (2/**/15), the lag time in acknowledging said cancellation (2/**/15), and the alleged shipping date of their product (3/**/15 per their email). Lot18 may believe this to be frivolous, but in fact this goes to the heart of the entire problem with Lot18, and that is, “poor communication begets poor results.” Lot18 has now had our funds in their possession for over two weeks, time in which we have lost opportunity to put those funds to better use (i.e. deposited in an interest-bearing account, etc).Finally, to date we have not received the shipment Lot 18 alleges to have sent. In fact, we specifically asked for the tracking number in a communication dated 3/*/15, and our request was ignored. We now demand that Lot18 provide us with proof that is dispositive of their shipment and the subsequent delivery of goods to our possession. Specifically, a copy of the signature which the carrier is required to obtain under Illinois Statutes, to wit:(235 ILCS 5/6-16)  (from Ch. 43, par. 131) Sec. 6-16."[redacted] [redacted]
[redacted] [redacted] [redacted] [redacted] [redacted] [redacted] [redacted] [redacted] [redacted] [redacted] [redacted]"The statute is clear: The carrier (in the instant case, [redacted]), cannot have made delivery “without first obtaining a signature at the time of the delivery by an adult who is at least 21 years of age.” We demand that Lot18 contact their carrier and have them produce the signature received by their carrier. We shall then send to the Revdex.com and Lot18 our true signatures as recorded by the State of Illinois on our driver’s licenses for comparison, thus proving that we never signed for, nor received, any such wine shipment from Lot18. This will lay to rest any potential argument Lot18 might yet make that we are in now possession of the shipment. Indeed, we allege that Lot18 has not yet made shipment of any wine to our address, and that they are therefore in further breach of contract as regards their TOS. Furthermore, as [redacted] in Customer Service stated so clearly to us, “your shipment is on a pallet” and “it cannot be stopped” (or words to that effect). Therefore, it should be known to all parties that the cardholder has taken steps with their respective bank to pursue this matter as a fraudulent charge. We have provided ample information regarding our rights, the violations of the TOS made by Lot18, and have timely provided legally supportable notice of intent to cancel. Lot 18 has provided a timeline further supporting our assertion that we did in fact cancel on 2/**/15. Lot 18 has consistently maneuvered around their TOS, failed to produce a tracking number for the alleged shipment, and acted overall in bad faith. We allege as we did earlier, that Lot18 does business in an unethical manner, has no honor, and is a disreputable firm to trade with. That this can be readily  attested to by the prolific complaints only serves to further support our contention that Lot18 owes us a refund in full of all charges relating to this latest shipment, the sum being $168.99. 
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]