TERMS & CONDITIONS
1. MUST BE 21
You must be at least twenty-one (21) years of age to make a purchase on our Site. To verify that you are at least twenty-one (21) years of age, you will be required to enter your date of birth prior to completing a purchase on our Site. Additionally, all deliveries of packages containing alcoholic beverages require the signature of a person who is at least twenty-one (21) years of age.
2. CA WINE FESTIVAL CLUB SERVICES
California Wine Festival Club does not sell any of the goods and/or services ("Items") listed on our Site. Rather, our Site is simply a platform on which you may purchase Items directly from participating wineries. ALL ITEMS SOLD ON OUR SITE ARE SOLD BY PARTICIPATING WINERIES. As such, each order placed on our Site is subject to acceptance by the winery or wineries selling the particular Item(s) for which the order was placed. California Wine Festival Club never takes legal title of any Items sold on our Site, and thus, legal title to the Item(s) transfers directly from winery to you on any purchase you make on our Site.
3. PRICING/PURCHASE CONDITIONS
Because all Items listed on our Site are sold by participating wineries, those wineries are solely responsible for determining the prices at which their Items are offered for sale, and may include special instructions and/or conditions regarding the sale of their Items. You are responsible for reading the full Item listing, including any special instructions and/or conditions the winery might provide, before placing an order.
4. MULTIPLE WINERIES ON ONE (1) ORDER
Any single order you place on our Site may include Items from multiple wineries. Although one order may include Items from multiple wineries, each winery must independently accept that portion of your order which pertains to their particular Items before a sale of those Items can occur. As such, when ordering from multiple wineries in a single order on our Site, some portions of your order may be accepted while other portions of your order may be rejected. Additionally, those wineries may accept or reject your order for their respective Items at different times. BY PLACING AN ORDER, YOU ARE COMMITTING TO BUY EACH ITEM LISTED IN YOUR ORDER, REGARDLESS OF WHETHER ANY PORTIONS OF YOUR ORDER ARE REJECTED. Furthermore, Items ordered from separate wineries may be delivered separately EVEN THOUGH THOSE ITEMS MAY HAVE BEEN LISTED ON ONE (1) ORDER PLACED BY YOU ON OUR SITE.
6. REJECTED ORDERS
Any order or portion of an order you place on our Site may be rejected by a winery for various reasons including, but not limited to, the product being out of stock. If your order, or any portion of your order is rejected, your credit or debit card will be automatically refunded for the entire amount it was charged for the order, or portion of the order, that was rejected. You will also receive an email notification for any order or portion of your order that was rejected. Because an order may be rejected for a number of different reasons, this notification email may not contain a complete explanation as to why your order was rejected. For more information on why your order, or any portion thereof, might have been rejected, please email us at firstname.lastname@example.org and we will attempt to answer your question.
7. RELIANCE ON PARTICIPATING WINERIES
Because the wineries featured on our Site are responsible for all aspects concerning the sale of their Items, California Wine Festival Club cannot make any guarantees regarding any aspect of the Item(s) you purchase on our Site, including but not limited to the quality and/or delivery thereof.
8. CA WINE FESTIVAL CLUB ACCOUNTS - ONE (1) ACCOUNT PER USER
In order to make a purchase on our Site, users are required to create a California Wine Festival Club account, access to which will require your e-mail address and a password that you create. Access to your California Wine Festival Club account is not authorized by any other person or entity using your e-mail address and/or California Wine Festival Club password, and you are responsible for preventing such unauthorized use. An individual may only create one (1)California Wine Festival Club account. California Wine Festival Club accounts may not be sold, transferred, mortgaged, assigned, and/or pledged by any user.
9. FRAUDULENT INFORMATION
If you commit fraud or falsify information in connection with your use of our Site and/or in connection with your California Wine Festival Club account, we may terminate your account immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue any and all available legal action, and to notify your internet service provider of any fraudulent activity we associate with you or your use of our Site.
10. CA WINE FESTIVAL CLUB RECOMMENDATIONS
California Wine Festival Club may, from time to time, provide various types of Item recommendations on our Site. Such recommendations are based solely upon the opinions of our experts and participating wineries. California Wine Festival Club and the participating wineries make no representation that the Items recommended, and/or any of the Items sold on our Site will satisfy your expectations. Additionally, users are under no obligation to purchase any of the Items recommended on our Site.
11. NO REFUNDS
Due to various legal restrictions regarding the sale of wine and other Items, we cannot refund our users for the purchase of any Items sold through our Site. If you have a bad experience with California Wine Festival Club, please email us at email@example.com and we will attempt to address your concerns accordingly.
12. TERMINATION OF CA WINE FESTIVAL CLUB ACCOUNT
California Wine Festival Club reserves the right to deny service or access to our Site or an account to anyone at any time if we determine, in our sole discretion, that such person has violated these Terms & Conditions. Additionally, a California Wine Festival Club account holder may voluntarily terminate his or her California Wine Festival Club account at any time. Unused credits earned through anyCalifornia Wine Festival Club referral program are not refundable for any amount after the termination of your California Wine Festival Club account, unless applicable law provides otherwise.
13. NO AGENCY
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between you andCalifornia Wine Festival Club by your usage of our Site.
14. AVAILABILITY OF WEBSITE
Users of our Site may experience interruptions in service due routine maintenance or other causes that are may or may not be within our control.
You agree to defend, indemnify and hold harmlessCalifornia Wine Festival Club, and our respective managers, officers, employees and agents from and against all claims and expenses, including attorneys fees, arising out of or related to any products or services purchased by you in connection with our Site or any use of our Site in violation of these Terms & Conditions. You are solely responsible for your interactions with wineries and other users of our Site. To the extent permitted under applicable laws, you hereby release California Wine Festival Club from any and all claims or liability related to any product or service of a winery, any action or inaction by a winery, including a winery's failure to comply with applicable law and/or failure to abide by the terms of a purchase, and any conduct or speech, whether online or offline, of any other user.
16. DISCLAIMER OF WARRANTY
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL CALIFORNIA WINE FESTIVAL CLUB'S LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, VENDORS, OR WINERIES, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND/OR SERVICES EXCEED THE TOTAL AMOUNT OF MONEY THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD.CALIFORNIA WINE FESTIVAL CLUB, OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, VENDORS, AND WINERIES, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON,CALIFORNIA WINE FESTIVAL CLUB'S SITE AND/OR SERVICES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. REFERRAL PROGRAMS
California Wine Festival Club allows users to refer friends to our Site. We may, from time to time, offer referral programs whereby users may earn "credits" toward their next purchase made on our Site for referring others to create an account and/or make a purchase our Site. Such credits will be transferred to the applicable user(s) in the form of Referral Codes, which may be used toward a purchase of any Item(s), unless otherwise instructed by California Wine Festival Club. Such credits are not redeemable for cash, and may not be sold, transferred, mortgaged, assigned, and/or pledged by any user. Your use of a Referral Code indicates your agreement to be bound by these Terms & Conditions in their entirety.
19. GIFT CARDS
We may allow our users to purchase electronic gift cards ("Cards" or a "Card") on our Site. Cards are valid only toward purchases made on our Site, and your use of a Card indicates your agreement to be bound by these Terms and Conditions in their entirety. Cards are not refundable or redeemable for cash, and have no expiration date or card fees. You should protect your Card(s) like cash as lost, stolen or damaged Cards will not be replaced except in limited circumstances or where required by law, and only if the Card has never been used and with proof of purchase as required by California Wine Festival Club in its sole discretion. A Card is not a credit, debit, or charge card, and no implied warranties attach to it. The Cards are issued by California Wine Festival Club, and we reserve the right to change the terms of our gift card program at any time or to contract with a third party to administer our Cards.
20. WEBSITE OWNERSHIP
The content and information on our Site, as well as the infrastructure used to provide both, is the property of California Wine Festival Club, participating wineries, and/or other partners. Users of our Site are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling or re-selling any Site content, including but not limited to, information, software, products, or services obtained from or through our Site.
21. INFORMATION SECURITY
California Wine Festival Club does not, and cannot control the security of the internet and other networks users might use to access our Site or communicate with us. As such, we cannot be, and are not, responsible for the security of information that you communicate to California Wine Festival Club while it is being transmitted; nor is California Wine Festival Club responsible for any data lost during transmission of your information.
22. COMMUNICATIONS WITH US/OTHER USERS/WINERIES
We may, in some instances, allow you and other users to ask questions, express opinions, and otherwise communicate through communication facilities that may be offered on or through our Site from time to time. California Wine Festival Club shall have the right, but not the obligation, to monitor any such communication facilities at any time, for any reason, including to determine compliance with these Terms & Conditions, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material from the communication facilities for any reason at our sole discretion. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by any user of our Site to the communication facilities are those of the respective author(s) or distributor(s) and not of California Wine Festival Club.
23. YOUR STATEMENTS ARE PUBLIC
You understand and agree that all statements you make through communication facilities we might offer are public and not private. Any other person may read your statements without your knowledge or approval. Please do not include any Personal Information (as defined in our Privacy Statement) in your statements.California Wine Festival Club does not endorse any statement found in any part of the communication facilities, and we will not be liable for the statements, the communication facilities, and any actions resulting from your participation in any part of the communication facilities, including any objectionable content.
24. CALIFORNIA WINE FESTIVAL CLUB LICENSE TO YOUR STATEMENTS
By posting statements or other information on or through the communication facilities, you grant California Wine Festival Club a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
25. LINKS TO OTHER WEBSITES
Our Site contains links to websites maintained by third parties. California Wine Festival Club does not make nor do we endorse, any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. Access to such websites is undertaken at your own risk.
26. NO WAIVERS
No waiver byCalifornia Wine Festival Club of any breach or default or failure to exercise any right allowed under these Terms & Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms & Conditions.
The section headings used herein are for convenience only and shall be of no legal force or effect.
If any provision of these Terms & Conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained herein, and the remaining portions of these Terms & Conditions shall continue in full force and effect.
29. CHOICE OF LAW
Any disputes arising out of or related to these Terms & shall be governed by the laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles.
30. CHANGES TO TERMS & CONDITIONS
California Wine Festival Club reserves the right to modify these Terms & Conditions at any time. Users of our Site should periodically review this page for any changes. Changes to these Terms & Conditions will become effective upon their posting on the Site. Such modifications will not affect purchases made prior to the modifications becoming effective. California Wine Festival Club also reserves the right to change or discontinue any aspect or feature of our services or our Site including, but not limited to requirements for access to or use of our Site and/or service.