Summerland Wines General Terms & Conditions
GENERAL TERMS AND CONDITIONS
Using the Site constitutes your agreement to the terms and conditions listed below. 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. Summerland® reserves the right to update or revise these terms at any time with or without notice to you. Please check this page periodically for changes. 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 any 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. Summerland® reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Summerland® Site may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Summerland® to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Summerland® in writing. These Terms and Conditions will inure to the benefit of Summerland®, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Our website is created and maintained by Summerland® in the State of California, USA. Please be advised that the laws of the State of California and controlling United States federal laws govern these disclaimers, terms, and conditions without giving effect to any principles of choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Santa Barbara County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the Site. We reserve the right to make changes to our Site and these disclaimers, terms, and conditions at any time.
The Summerland® logo design, trademarks, icons and custom graphics are protected by Summerland®. By using this Site, you acknowledge that the content, images and products available on and through this Site (collectively, “Content”) are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Summerland® 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 Summerland®. 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 Summerland®. Any unauthorized use terminates the permission or license granted by Summerland®. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Summerland® so long as the link does not portray Summerland®, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Summerland® logo, graphic, trademark or other proprietary information without express written permission. All other trademarks not owned by Summerland® 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 Summerland®. 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. We have no responsibility for the content of the linked website(s).
Despite our best efforts, errors can and do occur and we sincerely apologize in advance for inaccuracies relating to product descriptions, pricing, and availability. Please understand that we reserve the right to correct errors and omissions without prior notice and to cancel any offered product or service in the event of an error or omission.
THE SALE OF ALCOHOLIC BEVERAGES
Legal Requirements. Summerland® 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 Summerland® 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 Summerland® is intended for personal consumption and not for resale. In the event that you choose to share information about the Summerland® website or its products to others via social media or any other means, you must take care to ensure that such information is not directed to persons under 21 years of age. 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, Summerland® shall have the right to take action against you or seek indemnification from you for any suit to which Summerland® may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Summerland® 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.
Sales and Shipping. Our wine is offered for sale on this Site to adults of legal drinking age and only to states where shipping is permitted.
Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Summerland® is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.
All wines are sold in California and title passes to the buyer in California. Summerland® makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California. The buyer is solely responsible for shipment of wines. By placing an order, you are authorizing Summerland® to act on your behalf to engage a common carrier to deliver the items in your order.
Please note that Summerland® may not be able to ship wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. Summerland® will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Summerland® in its sole discretion believes that such shipment will not subject Summerland® to the risk of any sort of legal action or other harm. If a buyer lives in a state where the direct shipment of wine by Summerland® may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.
An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult aged 21 years of age or older will be present and available to sign for your shipment. Summerland® will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.
Returns and Exchanges. Customer satisfaction is our number one priority. We stand behind our wine quality and the process of crafting great wine. If you are unsatisfied with your purchase, please contact us at firstname.lastname@example.org and we’ll do our best to make it right. Please note that California places certain restrictions on our ability to accommodate returns and exchanges. We will assess each request individually in accordance with applicable law.
Wine Club Membership. Summerland® has the right to cancel the membership of any customer, for any reason, at any time, with or without notice.
Members must comply with all applicable laws in the creation of personalized wine labels or Site content, including but not limited to copyright, trademark and other intellectual property laws, and state and federal regulations related to the marketing and labeling of alcoholic beverages. Summerland® retains the right to remove any wine marketed on the Site or remove any user generated content from the Site at any time and for any reason, in Summerland’s® sole discretion, with no recourse to the member or customer.
In order to utilize Membership services or product offerings, the user of such services or product offerings must pay Summerland® a recurring subscription charge, or other fees.
If you sign up for a Summerland® Wine Club Membership subscription, you agree to pay Summerland® all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. In addition, the user is responsible for any state or local sales taxes associated with the product offerings purchased. You also authorize Summerland® to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges may vary depending on the subscription plan you select. Summerland® reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other services or product offerings we may offer for a fee, you authorize Summerland® to charge your chosen payment provider for the services and/or products you purchase. You agree that if Summerland® already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services/products you purchase.
SUMMERLAND® PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL PERIODS AT THE FREQUENCY DISCLOSED TO YOU WHEN YOU ORIGINALLY SUBSCRIBED.
CELLARING OF CLUB SELECTIONS UP TO 90 DAYS. THEREAFTER, WE WILL AUTOMATICALLY SHIP YOUR WINE TO THE ADDRESS ON FILE AND YOU WILL BE RESPONSIBLE FOR THE SHIPPING FEES.
IF YOU DECIDE TO CANCEL YOUR SUBSCRIPTION (2 SHIPMENT MINIMUM), YOU ACKNOWLEDGE AND AGREE THAT YOU MUST PROVIDE WRITTEN NOTICE AT LEAST 30 DAYS PRIOR BEFORE THE NEXT SCHEDULED BILLING PAYMENT DATE OTHERWISE YOU WILL BE BILLED FOR AN ADDITIONAL CLUB.
You may cancel your wine membership in accordance with these Terms and Conditions by contacting Summerland’s customer service department at email@example.com
Except as described herein or on the Site at the time you subscribe, all payments for services/products are non-refundable. No refunds or credits for unused or partially used products will be issued.
Drink Responsibly. Summerland® does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.
DISCLAIMER OF WARRANTIES
ALTHOUGH SUMMERLAND® ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SUMMERLAND® SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SUMMERLAND® SITE. SUMMERLAND® DOES NOT WARRANT THAT YOUR USE OF THE SUMMERLAND® SITE, OR THE OPERATION OR FUNCTION OF THE SUMMERLAND® 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 SUMMERLAND® 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 WEBSITE. SUMMERLAND® AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SUMMERLAND® SITE. THE SUMMERLAND® 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 SUMMERLAND® 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 THE SUMMERLAND® SITE, THE USE OR PERFORMANCE OF THE SUMMERLAND® SITE, THE DELAY OR INABILITY TO USE THE SUMMERLAND® SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SUMMERLAND® SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SUMMERLAND® SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUMMERLAND® OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SUMMERLAND® SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUMMERLAND® SITE.
Accessibility. We are committed to providing a fully accessible and optimized user experience for all site visitors, regardless of vision or other impairments. Should you experience any difficulty in accessing this website, please call 805-686-9400 during normal business hours for assistance with this website, including learning more about our wines, placing an order, or visiting us. All constructive feedback regarding the accessibility or usability of this website is welcome and will be carefully considered.
NOTICE TO CALIFORNIA RESIDENTS
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
Website Content: Copyright ©2019 Summerland®
35 Industrial Way
Buellton, CA 93427
We value your patronage and welcome comments, queries, and suggestions: please email us at firstname.lastname@example.org