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CALDWELL VINEYARD, LLC PRIVACY & POLICIES

TERMS & CONDITIONS

We respectfully request that you, as a User of the Caldwell Vineyard website, take the responsibility to review our terms and conditions that are set forth below(referred to as the "Terms and Donditions"). All use of this website (the "Site") is subject to these Terms and Conditions.

All content included on this Site is the property of Caldwell Vineyard LLC aka Caldwell Vineyard (also referred to as "we" or "us"). Caldwell Vineyard allows you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. By viewing this Site you agree not to copy materials on our Site, reverse engineer or break into the site or use materials, products or services in violation of any law.

Legal Age of 21 or Older is Required

You must be of legal drinking age to access our Site. Caldwell Vineyard does not sell or serve alcohol to persons under the age of 21. By accessing the Caldwell Vineyard Site, you are affirming that you are over the age of 21. Caldwell Vineyard makes every effort to ensure that alcoholic beverages are not delivered or serve to anyone who is under the age of 21. By accessing our Caldwell Vineyard Site, you agree that any alcohol purchased from or received by you from representatives of Caldwell Vineyard 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, Caldwell Vineyard reserves the right to prosecute you to the fullest extent permitted by law.

Credit Card Charges & Pre-Payments

By purchasing wine from Caldwell Vineyard, you authorize payment at the time of purchase so that wine may be allocated to you. You understand that the shipment of your purchased wine may not be immediate, and depends on variables beyond Caldwell Vineyard's control, such as weather and third-party shipping schedules. You are thereby authorizing the deferred shipment of prepaid allocated wines. The following are additonal examples of times when pre-purchasing may be required:

Weather holds. When you purchase wine from Caldwell Vineyard, you authorize us to hold your wine in our temperature-controlled warehouse until weather at and/or along the route which your wine will be travelling is in a safe range so as to reduce the chance of temperature damage which could negatively impact the quality of your wine. You always have the opportunity to upgrade your shipping method to overnight with ice, which may reduce or remove the need for weather holds.

Barrel Clients. Those clients purchasing a barrel of wine from Caldwell Vineyard must pay a deposit up to one year in advance, and will also be responsible for paying all remaining fees associated with the production, storage and transfer of their wine before taking possession.

Society of Smugglers Shipments. Members of the Society of Smugglers (wine club) must pay for their wine club shipments up to four weeks ahead of the actual shipping date, in order to allow for processing and fulfillment time.

Returns and Exchanges

We will replace or refund the purchased price for any bottle of wine that is flawed or corked. In order to process your refund or replacement, you must return the remainder of the unconsumed original bottle. By law, we cannot accept returns of alcoholic beverages unless the product is flawed or corked. If your complaint is caused by freight damage we will work on your behalf to seek reimbursement from the shipping company. Once the damaged bottle is received by us we will refund your credit card account for the cost of the wine less shipping. If the original shipment was damaged or flawed (corked) by Caldwell Vineyard, you will receive a full refund, including shipping charges.

A restocking fee may be applied to cancelled orders.

To return or exchange an item, please complete the following steps:

NOTE: The credit card used for the original purchase will be credited in the amount of the wine or product sale. Please allow one to two billing cycles for the credit to appear on your bill. Shipping and handling costs are not refundable unless we have sent the wrong item, or we are directly responsible for the damage/flaw to your wine.

Society of Smugglers Wine Club Shipments, Responsibilities and Cancellations

Society of Smugglers wine club shipments are shipped every April, October, and December unless otherwise agreed by both parties, or due to weather holds. Your initial Society of Smugglers shipment is sent upon joining the Society of Smugglers, unless specifically agreed otherwise by Caldwell Vineyard and you. We require 30 day's advance notice of any cancellation or holds prior to the scheduled shipment date. This includes the initial shipment that is sent upon joining.  All cancellations must be in writing and sent via email to jfc@caldwellvineyard.com or mail to 1558 Silverado Trail, Napa, CA 94559. If cancellation is sent via mail we will take the postmark date as the cancellation date. It’s a member’s responsibility to inform Caldwell Vineyard in writing of any changes in shipment address, credit card information and any other pertinent information that is required for your Society of Smugglers wine club membership. Society of Smugglers members will be charged all shipping costs, including return charges for undeliverable, refused or improperly cancelled shipments.

Shipping Policy

We are not responsible for damaged wine or products caused by the shipping company. Please refer to our Return Policy above. There are certain states that we cannot ship to, by law. Other states that we can ship to have volume limits or other restrictions. If for some reason an order that you place is not compliant with the shipping laws of your state we will contact you and explain what options may be available. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to your selected destination.

All wine orders must be placed by a person 21 years of age or older. Verification of age is required at the time of delivery. We recommend use of a business address to facilitate delivery of your purchase. Failure to produce age verification forfeits the right to receive the shipment until identification is produced. In such circumstances, the order may be held in storage at a local depot of the shipping company until appropriate identification is produced, or it may be shipped back to our winery. All associated costs will be your responsibility as the client, and you’ll be charged directly.

Security

We take precautions to protect your information. When you submit sensitive information via our Site, your information is protected both online and offline. All sensitive information we collect (such a credit card data), is encrypted and transmitted to us in a secure way and through our third-party web-host’s encrypted and secured servers. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for URL at the beginning of the address of the web page.

Errors and Inaccuracies

Though we make it a priority to provide you with complete, current, and accurate information, our Site may contain content that is subject to human and/or technological errors (e.g., typographical errors, inaccuracies, omissions, etc.). This content may include information related to pricing and availability, as well as material that is incomplete or outdated. Caldwell Vineyard reserves the right to correct such information, even after an order has been placed. We may change or update information on the Site without prior notice at any time.  Consequently, we apologize for any inconvenience that such errors may produce.

Copyright and Trademarks

All text, graphics, logos, button icons, images, audio clips, videos, downloads, and any other content present on this Site is the property of Caldwell Vineyard LLC and subject to United States and international copyright and/or trademark laws.  Copyrighted materials and trademarks on our Site may not be used without our written permission. Such items include our name and logos, photographs and other graphics, page headers, button icons, scripts and service names of Caldwell  Vineyard LLC products, services, and programs. Your use of the material found on this Site is limited to the electronic copying and printing of site pages for personal, non-commercial reason (e.g., printing an order confirmation page or other purposes related to ordering or shopping for products and merchandise.)  Without the explicit written permission of Caldwell Vineyard LLC, and other use of content found on this Site (including linking and framing) is strictly prohibited.

Website Access and Contents

Access to this Site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair, or for reasons beyond our control. We have made every effort to display the products featured as accurately as possible.

PRIVACY POLICY

By visiting our Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Privacy Policy and our Terms of Service.

Information Collected

We collect information directly from users, such as when they sign up to receive notices from us or register for an account with us. We also collect certain information automatically through your use of our Site or Services.

Information You Provide

We collect information that you enter on our Site or provide to us in any other way. For example, we collect information from you when you make a purchase from us, create an account (offered as a convenience to customers, but not required), request information, or otherwise contact us. The type of information that we collect from you depends on your interaction with our Site and your use of our Services, but may include: full name, mailing address, billing address, email address, payment information (for purchases) and any other information you choose to provide.

Use of Information                                                                                                                   

We use the information we collect for the following purposes: To fulfill your orders or otherwise provide our Services to you. To communicate with you (including via email), such as responding to your requests/inquiries and for other customer service purposes; to tailor the content and information that we may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences with us.

Notification of Privacy Changes

On occasion, we may change this Privacy Policy and we reserve the right to do so at any time.  Changes will be posted on our Site immediately. It is your obligation and responsibility, as the User, to be aware of the current Caldwell Vineyard LLC Privacy, Wine Club, Shipping and Return Policies, which are all posted on our Site.

INDEMNIFICATION & DISCLAIMERS

Indemnification

You agree to indemnify, defend, and hold harmless Caldwell Vineyard LLC, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs (including, without limitation, - attorneys’ fees), arising from or relating in any way to your use of the Site content, your use of the Site, your conduct in connection with the Site and any violation by you of these Terms and Conditions, any law or the rights of any third party.

Disclaimer of Liability

Caldwell Vineyard LLC makes no representations or warranties of any kind, whether express or implied, with respect to this Site, its content, or the information available on or through it – they are provided “as is” with all faults. Except as otherwise provided under applicable laws, Caldwell Vineyard LLC and its affiliates, directors, officers, employees, agents, contractors, successors, and assigns of each, will not be liable for any damages arising out of or related to the use of this Site or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, and/or other damages you or others may suffer, along with damages for profits, business interruption, or the loss of data or information, regardless of whether we are notified of the potential for such damages in advance.

No Waiver/Severability

Failure of Caldwell Vineyard LLC to take action if you breach these Terms and Conditions shall not be construed as a continuing waiver or relinquishment of our right to take action.  Caldwell Vineyard LLC will still be entitled to all rights and remedies in any situation where you breach these Terms and Conditions of use. If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulatory authority, the remainder of the provisions shall continue to apply.

Applicable Law

If you choose to visit our Site, you agree that the laws of the state of California will govern these Terms and Conditions of use and any disputes that may arise between you and Caldwell Vineyard LLC or its affiliates.

Disputes

We will do our best to resolve any disputes over these Terms and Conditions. If necessary, any disputes relating in any way to your visit of our Site or to the products purchased on it, including but not limited to any disputes related to privacy, shall be submitted to confidential, binding arbitration in the state of California.  Any arbitration of disputes arising under these Terms and Conditions or other Caldwell Vineyard LLC policies shall be conducted according to the prevailing rules of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration of disputes relating to the Site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.