Terms of Service

Last Updated: 2/10/26

Acceptance of Terms

Welcome to Pogo's Wine & Spirits ("Pogo's," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, mobile application, and any related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Services following any changes indicates your acceptance of the modified Terms. We encourage you to review these Terms periodically.

Age Verification & Legal Requirements

You must be at least 21 years of age to use our Services, purchase products, or receive deliveries.

By using our Services, you represent and warrant that:

  • You are at least 21 years of age
  • You are legally permitted to purchase and possess alcoholic beverages in your jurisdiction
  • All information you provide is accurate, current, and complete
  • You will comply with all applicable federal, state, and local laws regarding the purchase, possession, and consumption of alcoholic beverages


Age verification is required at the time of delivery. A valid government-issued photo ID must be presented, and the recipient must be 21 years or older. If proper identification cannot be provided, the delivery will not be completed, and no refund will be issued.

Account Registration

To access certain features of our Services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account


We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

Product Availability, Pricing & Orders

Product Availability: All products are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse orders at our sole discretion. Product images are for illustrative purposes only and may not reflect the exact appearance of the product.

Pricing: All prices are in U.S. dollars and are subject to change without notice. We strive to ensure pricing accuracy but reserve the right to correct any pricing errors. If a product is listed at an incorrect price due to an error, we may, at our discretion, cancel any orders placed for that product.

Order Acceptance: Your order is an offer to purchase products from us. We reserve the right to accept or reject your order for any reason, including product availability, errors in pricing or product information, or suspected fraud. You will receive an order confirmation email once your order has been accepted.

Order Modifications and Cancellations: Once an order is placed, modifications or cancellations may not be possible. Please contact us immediately at pogos@pogoswine.com or (214) 350-8989 if you need to modify or cancel an order. We will do our best to accommodate your request, but cannot guarantee changes once an order is processed.

Shipping & Delivery

Local Delivery Only: Pogo's offers local delivery exclusively within designated Dallas-area zip codes. We do not ship outside of our local delivery area or to other locations within the state of Texas. By placing an order for delivery, you authorize us to contract with a third-party carrier on your behalf.

Delivery Requirements:

  • A signature from someone 21 years or older is required at the time of delivery
  • Valid government-issued photo ID must be presented
  • If no one 21 or older is available to accept delivery, the order will not be delivered and no refund will be issued
  • Delivery fees and minimums apply as outlined on our Shipping & Delivery page


Risk of Loss: Risk of loss and title for products purchased pass to you upon delivery to the designated recipient.
Damaged or Broken Products: We are not responsible for any breakage or damage to products caused by the carrier during delivery. If you receive a damaged product, please contact us immediately at pogos@pogoswine.com with photos of the damage. We will work with you to resolve the issue, but we make no guarantee of replacement or refund for carrier-caused damage.
Compliance with Laws: You are solely responsible for complying with all applicable laws in your jurisdiction regarding the receipt, possession, and consumption of alcoholic beverages. We make no representations as to your legal rights to receive or possess alcoholic beverages in your state or locality. You are responsible for obtaining all necessary licenses or permits and paying all applicable taxes.

Returns, Refunds and Exchanges

Due to the nature of alcoholic beverages and applicable laws, all sales are final. We do not accept returns or offer refunds except in the following circumstances:

Defective or Incorrect Products: If you receive a defective or incorrect product, please contact us within 48 hours of delivery at pogos@pogoswine.com with your order number and a description of the issue. We will work with you to resolve the problem, which may include replacement or refund at our sole discretion.

Cancelled or Undeliverable Orders: If your order is cancelled by us or cannot be delivered due to circumstances beyond your control (excluding failure to meet age verification requirements), you will receive a full refund.

Gift Cards

Gift cards are non-refundable and cannot be redeemed for cash except where required by law. Gift cards have no expiration date unless otherwise stated. Lost or stolen gift cards cannot be replaced. Pogo's is not responsible for unauthorized use of gift cards.

Intellectual Property Rights

Ownership: All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), are the exclusive property of Pogo's Wine & Spirits or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Trademarks: "Pogo's Wine & Spirits" and all related logos, product and service names, designs, and slogans are trademarks of Pogo's Wine & Spirits or its affiliates or licensors. You may not use such marks without our prior written permission.

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes only. You may not:

  • Copy, modify, distribute, sell, or lease any part of our Services or Content
  • Reverse engineer or attempt to extract source code from our Services
  • Use any automated system (including robots, spiders, or scrapers) to access the Services
  • Frame or link to the Services without our written permission
  • Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices


Your license to use the Services automatically terminates if you violate these Terms.

User Conduct

You agree not to use the Services to:

  • Violate any applicable federal, state, local, or international law or regulation
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • Harass, abuse, threaten, defame, or otherwise violate the legal rights of others
  • Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
  • Transmit any unsolicited advertising, promotional materials, spam, or junk mail
  • Transmit any material that contains software viruses, trojan horses, worms, or any other harmful computer code
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services
  • Collect or store personal data about other users without their express permission


User Generated Content

If you submit, post, or transmit any content to the Services, including reviews, comments, photos, or other materials ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media.
You represent and warrant that:

  • You own or have the necessary rights to submit the User Content
  • Your User Content does not violate the rights of any third party
  • Your User Content complies with these Terms and all applicable laws

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion.

Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

Third Party Links & Services

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Pogo's. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY.

We do not warrant that:

  • The Services will be uninterrupted, timely, secure, or error-free
  • The results obtained from use of the Services will be accurate or reliable
  • The quality of any products, services, information, or other material obtained through the Services will meet your expectations
  • Any errors in the Services or Content will be corrected


We make no representations or warranties about the accuracy, completeness, reliability, or suitability of any Content. Your use of the Services is at your sole risk. You assume full responsibility and risk of loss resulting from your use of the Services.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Third Party Links & Services

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Pogo's. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POGO'S WINE & SPIRITS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS OR SERVICES IN QUESTION DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue using the Services.

Third Party Links & Services

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Pogo's. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Indemnification

You agree to indemnify, defend, and hold harmless Pogo's Wine & Spirits, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any rights of any third party
  • Your violation of any applicable laws or regulations
  • Any User Content you submit, post, or transmit through the Services


We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

Copyright Infringement

We respect the intellectual property rights of others and expect users of our Services to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

  1. A physical or electronic signature of the copyright owner or person authorized to act on their behalf
  2. A description of the copyrighted work you claim has been infringed
  3. A description of where the allegedly infringing material is located on the Services
  4. Your contact information, including address, telephone number, and email address
  5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Designated Copyright Agent: Email: pogos@pogoswine.com Address: Pogo's Wine & Spirits, 5360 West Lovers Lane, Suite 200, Dallas, TX 75209
This contact information is only for reporting copyright infringement. For other inquiries, please use the contact information provided elsewhere on our site.

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination:

  • Your right to use the Services will immediately cease
  • All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Pogo's.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms published by us on the Services, constitute the entire agreement between you and Pogo's concerning the Services and supersede all prior or contemporaneous agreements, negotiations, discussions, and understandings, whether written or oral.

Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign or transfer these Terms or our rights and obligations under these Terms without restriction. Any attempted assignment or transfer in violation of this section shall be null and void.

No Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Pogo's.

Notices

All notices to you relating to these Terms shall be posted on the Services or sent to the email address you provided during registration. You agree to check the Services regularly for notices and that you will be considered to have received a notice when it is made available to you by posting on the Services or sent to your email address.

Notices to Pogo's should be sent to: Email: pogos@pogoswine.com Address: Pogo's Wine & Spirits, 5360 West Lovers Lane, Suite 200, Dallas, TX 75209

Statute of Limitations

You agree that any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

Contact Information

If you have any questions about these Terms of Service, please contact us:
Email: pogos@pogoswine.com Phone: (214) 350-8989 Address: 5360 West Lovers Lane, Suite 200, Dallas, TX 75209