Terms and Conditions
As used herein, “you,” “your” or “customer” refer to the user or viewer of this website.
General Terms and Conditions
Your use of the Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Site or any information or materials contained on this Site.
These Terms and Conditions may be updated by Winery at any time and from time to time with or without notice to you. Your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Winery reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Winery’s trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Winery in the U.S. and/or other countries. Winery’s trademarks and trade dress may not be used in connection with any product or service that is not Winery’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Winery. All other trademarks not owned by Winery that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Winery. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. From time to time, this Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Sale of Alcoholic Beverages
Winery does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Winery is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from Winery is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Winery shall have the right to take action against you or seek indemnification from you for any suit to which Winery may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Winery hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Credit Card Charges
Orders are by credit card only. We accept the cards of major card providers such as AMEX, VISA, and MasterCard. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Winery shall be held harmless for any such errors. In all cases, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible).
Please see the separate statement on our shipping policies.
All wine sold on the Site shall be subject to state and local sales taxes which are applicable based on the delivery address provided by buyer. The applicable sales taxes shall be indicated at check out and applied at the time of sale.
License and Site Access
Winery grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Winery. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Winery. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Winery without express written consent. You may not use any meta tags or any other "hidden text" utilizing Winery’s name or trademarks without the express written consent of Winery. Any unauthorized use terminates the permission or license granted by Winery. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Winery so long as the link does not portray Winery or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Winery’s logo or other proprietary graphic or trademark as part of the link without express written permission.
Social Media Rules
Winery enjoys engaging with our customers via our Social Media Sites, but you must adhere to the below rules whenever you post on Winery’s Social Media Sites. You must be 21 or over to visit or post on Winery’s Social Media Sites. Any communications regarding Winery products must not encourage or depict excessive consumption, underage drinking or misuse of our alcohol products. Winery reserves the right (but not the obligation) to remove any posts or content for any reason, including those that violate the below rules or that Winery deems offensive, inappropriate or unacceptable in its sole discretion, but we do not regularly review posted content. Winery takes no responsibility for any content posted by you or any third party.
- - Respect Others. Do not post any content that is derogatory, disparaging, promotes bigotry, is abusive or threatening, vulgar or obscene. Treat others fairly and with respect. Nudity and sexually explicit content is not permitted.
- - Follow the Law. Illegal activity or discussions encouraging illegal activity will not be tolerated.
- - Do not Infringe. Do not use images or other items unless you hold the rights to – this means, do not post photos, images, logos, songs, text or other content that you do not own or have the right to use.
- - Respect Privacy. Do not post or solicit anyone’s name, phone number, address, email address or other personal information. Do not spam or transmit junk mail.
- - 21+ Only. Do not post photos of, or otherwise feature or reference, any individual under the age of 21.
Disclaimer of Warranties
ALTHOUGH WINERY ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE. WINERY DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. WINERY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE _SITE. THE SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL WINERY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINERY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Winery does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.
By using this website, you agree to be bound by the Terms and Conditions above. If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org.