Terms and Conditions
The following terms and conditions of use (“Terms of Use”) govern this website (the “Site”); when you make a purchase from us; subscribe to any of our mailing lists, newsletters, or wine club programs; sign up for our events; register for our promotions; and when you engage with one of our brand pages on community websites like Facebook, Pinterest, Twitter, or Instagram (“Brand Pages”). We reserve the right to amend the Terms of Use from time to time by posting a new agreement on this Site. We advise you to read these Terms of Use prior to every use of or purchase from the Site. Your use of the Site or purchase of any product or service from us constitutes acceptance of these Terms of Use, our Privacy Policy, and any additional terms that govern certain products, services or offerings as well as other legal notices, terms and policies on this Site (together referred to as “Terms”), all of which are expressly incorporated herein by reference. If you do not accept these Terms and/or any amendments thereto, please do not use the Site.
Restrictions
To use the Site, you must be 21 years of age or older, the legal drinking age in the United States. If you are not of legal drinking age, please exit this Site immediately.
By accessing and using the Site and its features, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older; and (d) your use of the Site and its features does not violate any applicable law, rule or regulation.
Privacy
Please click here to view our Privacy Policy.
Copyright, Trademarks & Other Intellectual Property Rights
The content of this Site, including without limitation, any trademarks, designs, logos, text, images, audio and video materials, is owned and/or licensed by us (the “Proprietary Material”). The Proprietary Material is protected under the laws of the United States and other nations around the world, and under international treaties – in particular under copyright and trademark laws. Unauthorized use of the Proprietary Material may violate copyright, trademark and other laws. Except for the limited license to download and print certain material or information from the Site for non-commercial and private purposes, you have no right to use, reproduce, display or distribute the Proprietary Material. All rights with respect to the Proprietary Material remain our exclusive property. Any use or reproduction of the Proprietary Material (including our trademarks or logos) other than for private purposes without our express prior written consent is prohibited.
Purchasing Wines
Wines may be sold and delivered only to a person who is 21 years of age or older. By placing an order, you represent that: (1) you are 21 years of age or older; and (2) the person to whom any wine will be delivered is 21 years old of age or older.
No Warranties
Your use of the Site is at your own risk. THE SITE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THE SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE AND/OR OUR RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENT HEREOF AND WE SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, WE DO NOT WARRANT THAT THE SITE OR ANY SOFTWARE MADE AVAILABLE ON THE SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE OF COMPUTER VIRUSES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
Limitation of Liability
YOU AGREE THAT WE (INCLUDING, ANY OF OUR AFFILIATES, AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), WILL NOT BE LIABLE FOR LIABILITY, LOSS, DAMAGE OR EXPENSES ARISING OUT OF OR SUFFERED BY YOU AS A RESULT OF YOUR VISIT TO OR USE OF THIS SITE OR ANY LINKED SITE, ANY MATERIALS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, INABILITY TO USE THE SITE OR ANY ERROR IN THE PROVISION OF THE SITE, ANY COMPUTER VIRUS OR OTHER EXECUTABLE CODE THAT YOU MAY DOWNLOAD FROM THE SITE, AND ANY OTHER DEFECT THAT IS TRANSMITTED THROUGH THE SITE, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, WHETHER SUCH LOSS OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY); EVEN IF WE WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein).
Links to Other Sites
Links to third party sites on the Site are provided solely for your convenience. If you use these links, you will leave the Site. These Terms of Use and our Privacy Policy do not apply to any website that you reach by using these links or otherwise leaving the Site. We have not reviewed all of these other websites and we do not control and are not responsible for those websites or the content on those websites. We therefore do not endorse or make any representations about these third-party websites or any material found there. If you decide to access any of the websites linked to the Site, you do so entirely at your own risk.
General
The Site is based in the United States in the State of California. We make no representation that the Site or its policies comply with the laws of any other country. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You also consent to the transfer and use of your information outside of your country.
These Terms of Use and any matter relating to the Site (including our Privacy Policy) are governed by the internal substantive laws of the State of California without regard to its conflict of laws principles. Any dispute or controversy arising from use of the Site, our products, or these Terms of Use, must be brought in the courts of the State of California or the United States federal court having jurisdiction over San Francisco, California, and by using the Site or making a purchase from the Site, you agree to be subject to the personal jurisdiction of such courts.
Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of our commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
Proposition 65
Proposition 65 (Prop 65) is a state ballot initiative intended to protect California citizens and the state’s drinking water sources from chemicals known to cause cancer, birth defects or other reproductive harm, and to inform citizens about exposures to such chemicals. For more information about Prop 65 and the list of chemicals requiring disclosure, please visit http://www.oehha.ca.gov/prop65.html. Prop 65 entitles California consumers to warnings for the following products:
Alcoholic Beverages, Including, Without Limitation, Beer, Malt, Beverages, Wine, and Distilled Spirits
WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.
Canned and Bottled Foods and Beverages
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA.