Terms & Conditions
Welcome to the California Winery Direct (CWD) website designed to educate you about California wines and promotions. California Winery Direct operates the Internet website www.wineryofcalifornia.com (the “Website”). We strive to make the website a rewarding experience for all our users at every visit, hoping you will return time and time again. To maintain an enriching user experience, we ask that you adhere to the Terms & Conditions for the website as outlined below. It also allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our website, we also want you to understand the terms to which you agree when visiting the website. References to “we” or “us” herein refer to California Winery Direct and its brands, affiliates, subsidiaries, wine producers and designees as deemed appropriate by us. Your use of the website is subject to the following terms (“Terms & Conditions”), which comprise an agreement between users of the website and California Winery Direct (the “Agreement”). By using, browsing and/or otherwise accessing the website, you acknowledge that you have read, understand and agree to be bound by the Terms & Conditions and to comply with all applicable laws and regulations. California Winery Direct reserves the right to change the Terms & Conditions from time to time at its sole discretion. Your use of the Website will be subject to the most current version of the Terms & Conditions posted on the website.
Compliance with Terms & Conditions: This website is for your personal, non-commercial use only. California Winery Direct may alter, suspend, or discontinue this website at any time and for any reason, without prior notice to you. The website may become unavailable due to maintenance, technological malfunction, or other reasons. If you do not abide by the provisions of the Terms & Conditions, California Winery Direct may immediately deactivate or delete your user account and/or prohibit you from accessing the website further. California Winery Direct shall not be liable to you or any third party for any termination or cancellation of your access to, or use of the website.
Permitted Users: California Winery Direct and its participating wine producers do not sell alcohol to persons under the age of 21. By using this website you swear and affirm that you are not under the age of 21. The sale of beverage alcohol is heavily regulated in the United States. You are responsible for compliance with all laws that are applicable to purchasers and consumers of beverage alcohol. You agree to respect our website property by refraining from engaging in the following activities: Intentionally or unintentionally violating any applicable law or regulation including offering to purchase, or arranging for delivery of, alcoholic beverages for, to or on behalf of someone who is not of legal drinking age; Accessing, tampering with, or using non-public areas of the website or California Winery Direct´s technological systems (unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution); Framing or connecting to any feeds of the website except as permitted in writing by California Winery Direct.
Title and Ownership: Title to, and ownership of, all wine passes from the wine producer to the purchaser at the winery in the state of California and the purchaser takes all responsibility for the shipping from the winery to his/her home state. By purchasing and arranging the transportation of the wine shipment, California Winery direct is providing a service to, and acting on behalf of the purchaser. By utilizing this service from California Winery Direct the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and authorizes that he/she is 21 years of age.
Account Security: If you sign up for an account on this website, please provide current, complete and accurate information on the application form. You will be required to choose a user name and password. You are entirely responsible for maintaining the confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify California Winery Direct immediately of any unauthorized use of your account or any other breach of security. CWD and its partner wine producers will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CWD and its partner wine producers or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Third Party Content: Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this website by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of CWD and its partner wine producers. California Winery Direct neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this website by anyone other than authorized California Winery Direct employees acting in their official capacities.
Rights to Content and Intellectual Property: All text, graphics, logos, icons, images, audio and video clips and software on the website (“Website Content”) are copyrighted materials owned by or licensed to California Winery Direct. The website content may contain trademarks, service marks and trade names which are owned by or licensed to California Winery Direct and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any events described in the website content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by California Winery Direct, its affiliates, or third parties. Unless authorized in writing by an officer of California Winery Direct, California Winery Direct ´s trademarks may not be used in connection with any product or service that is not California Winery Direct’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits California Winery Direct. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the website content in any way for any public or commercial purpose without prior written consent of California Winery Direct or the rights holder. You may not use the website content on any other website or in a networked computer environment for any purpose. You also may not “mirror” any material contained on the website on any other server. If you violate any of these terms, your permission to use the website content will automatically terminate, you must immediately destroy any copies you have made of the website content, and we may end your authorization to use the website. Nothing contained in the website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of California Winery Direct, its affiliates, or any third party, and, except as provided in these Terms & Conditions, the exercise of all such IP rights in the services, products, processes or technologies described in the website content are expressly reserved to California Winery Direct, its affiliates, and/or any third party, as applicable.
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, the website pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on California Winery Direct´s infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses or malware. Any unauthorized use of any website content will violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the website, software and services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of California Winery Direct, its participating producers and/or its licensors. Except as specifically set out in the Terms & Conditions, you are not authorized to use California Winery Direct’s name or any of its trademarks or those of its participating producers and/or its licensors in any manner whatsoever, without prior written approval from California Winery Direct.
Wine Producer Information: It is the responsibility of each participating individual wine producer to ensure that their products, services, imagery, pricing, and any other producer-specific information that is posted on this website are accurate. Each individual producer is solely responsible for providing any and all information regarding their products to the website and therefore they are liable for any errors or omissions contained therein, as well as any resulting repercussions.
Notices: California Winery Direct will post any necessary notices on the website. You authorize California Winery Direct to send notices via electronic mail as well if California Winery Direct decides, in its sole discretion, to do so. You agree to check the website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the website.
Shipping Destination: Whether or not a participating wine producer will ship to a given location is entirely under the discretion of each individual participating wine producer. Policies and procedures for shipping may differ between producers. California Winery Direct encourages its users to familiarize themselves with the shipping procedures of producers from which they are ordering product.
Product Returns: All product deliveries are shipped directly from the respective wine producer to the consumer’s provided address. California Winery Direct is not involved in the sale, packing, shipping, or delivery of any product. You are solely responsible for ensuring that the recipient’s address is correct. If you have listed incorrect shipping details, you will be responsible for any additional shipping charges that may be incurred due to returns or re-shipments. Upon delivery, if you wish to return any faulty product (broken bottles, corked product), it is incumbent upon you to immediately contact the producer that shipped the faulty product and adhere to their return policies. You may be required to retain the bottle of faulty product (recorked and at least 3/4 full) for examination by the producer. By using the www.wineryofcalifornia.com website, you accept and acknowledge that you are subject to the return policies of each producer that you have ordered product from.
No Warranties: All materials on this website are provided on an “as is” basis, without any other representations, warranties or conditions, express or implied, written or oral, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. You assume the entire risk as to the use of the services or the downloading or other acquisition of any information, content or materials through the website, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. without limiting the foregoing, my wine CWD makes no warranty that (i) the website will meet your requirements; (ii) your use of the website will be uninterrupted, timely, or error-free; (iii) the results that you may obtain from using the website will be effective, accurate or reliable; (iv) the quality of any products, services or information purchased or obtained by you from the website will meet your expectations; (v) any errors in software obtained from the website will be corrected; and, (vi) this website or the servers that make it available are free of viruses or other harmful components.
Indemnity: By using this Website, you agree to indemnify, defend and hold harmless California Winery Direct and its participating wine producers, affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms & Conditions, (b) any content uploaded, posted or transmitted by you on or through the website, and/or (c) your activities in connection with the website.
Usernames and Passwords: If registration is available on the website, then when you register to become a member, you will be asked to choose a user name and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the site. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.
No Association:No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between California Winery Direct and you or any participating wine producer is intended or created by this agreement.
Force Majeure: California Winery Direct shall be excused from performance under the Terms & Conditions if California Winery Direct is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms& Conditions by reason of: (a) any provision of any present or future law or regulation, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications or other technological failure or other circumstance beyond the control of California Winery Direct.
No Assignment: These Terms & Conditions are personal to you and you may not transfer, assign, or delegate these Terms & Conditions to anyone without the express written permission of California Winery Direct. Any attempt by you to assign, transfer, or delegate these Terms & Conditions without the express written permission of California Winery Direct shall be null and void. These Terms & Conditions will inure to the benefit of California Winery Direct’s successors, assigns, and licensors.
How to Contact Us: If you have any questions, comments or concerns regarding these Terms & Conditions, please email us at email@example.com or write us at 5205 Prospect Rd, San Jose, CA 95129.