Shipping
By submitting an order you hereby agree and understand that
ALL ALCOHOLIC BEVERAGES ARE SOLD IN CALIFORNIA AND TITLE PASSES
TO THE BUYER IN CALIFORNIA. We make no representation to the legal
rights and ability of anyone to ship or import wines into any state
outside of California or any country outside the USA. YOU the buyer
are solely responsible for shipment of alcoholic beverage products.
By
placing an order for delivery in the USA, you authorize us to act
on your behalf to engage a common carrier to deliver your order
to you. ALCOHOLIC BEVERAGES MAY BE SOLD AND DELIVERED ONLY TO PERSONS
WHO ARE AT LEAST 21 YEARS OLD. AND BY PLACING YOUR ORDER, YOU REPRESENT
AND WARRANT TO US THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT THE
PERSON TO WHOM DELIVERY WILL BE MADE IS AT LEAST 21 YEARS OLD AND
CAN ACCEPT DELIVERY OF ALCOHOLIC BEVERAGES. When your alcoholic
beverages are delivered, the person receiving delivery will be
required to show identification proving that he or she is at least
21 years old. If any person under 21 years of age fraudulently
orders and has wine shipped to them, the wine will not be released
to them, and will be returned to us, and the cost of return shipping
will be charged to the responsible party. BY ORDERING YOU AGREE
TO INDEMNIFY AND HOLD HARMLESS THE SELLER FOR ANY RESULTING CONSEQUENCE
OF A FRAUDULENT ORDER OR ANY MISREPRESENTATION AS TO THE AGE OR
LEGAL ABILITY OF ANY INTENDED RECIPIENT TO RECEIVE SHIPMENT OF
ALCOHOLIC BEVERAGES
Parents or legal guardians will be held responsible for actions
of their minor children. If necessary, legal action will be taken
against any and all parties attempting "wire fraud" The
cost of shipping to, and returning to us of any wine in any such
operation will be charged to that agency. NO EXCEPTIONS.
Risk of Loss
All items purchased from New Clairvaux Vineyards are made pursuant
to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier.
Shipping Conditions
New Clairvaux Vineyard reserves the right to hold shipment of your
wine during extreme weather conditions. New Clairvaux Vineyard
cannot be responsible for damage to wine (including leakage or
damaged corks) shipped to you against our express protestations
in regards to weather conditions. Please be aware of the scheduled
delivery information, as the date, and location of your delivery
cannot be changed once it leaves our warehouse. It is your responsibility
to be present when your shipment arrives. If the weather is very
hot or cold in your area, and you would like us to postpone our
shipping, please advise us. Use the weather in your area as a guide,
when making your choice for best shipping method. We do not advise
shipping ground during temperatures over 85°F (30°C), or under
32°F (0°C). If you need your order by a specific date, please let
us know.
Damages Due to Shipping
New Clairvaux Vineyard cannot be responsible for wine damaged by
a shipper or inappropriate storage/handling on the part of the
buyer, although we will make a reasonable effort to resolve any
disputes. We reserve the right to refuse sales if we deem it to
be inappropriate and/or unsafe.
Additional Shipping Charges
Incorrect, insufficient, or change of address will incur a $10.00
surcharge. We reserve the right to charge return shipping for refused
or undelivered packages. Please allow up to 2 business days for
your order to be processed.
Website Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE NEW CLAIRVAUX
VINEYARD WEB SITE YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF
USE. If you do not agree with any of these Terms of Use, do not
use this web site. New Clairvaux Vineyard may update these Terms
of Use from time to time with or without notice to you other than
changing the date stated above of the "Last Update".
Your continued use of the web site indicates your acceptance of
any modifications to these Terms of Use.
Sale of Alcoholic Beverages
New Clairvaux Vineyard cannot sell or deliver alcohol to persons
under the age of 21 or to anyone who is visibly intoxicated.
By using this web site you confirm that you are over the age
of 21. In addition, by ordering any alcoholic beverages through
this web site, you are confirming that the person receiving the
shipment from New Clairvaux Vineyard is at least 21 years of
age. You also confirm your agreement that any alcohol purchased
from New Clairvaux Vineyard is for your personal consumption
and not for resale. If you do not agree with these conditions
of use you should not use this web site. We reserve the right
to refuse any order for any reason without explanation. We appreciate
your understanding.
Pricing Errors and Omissions Excepted
Occasionally, our listed prices may be incorrect or the bottle
size may be incorrect. For example a 750ml size may be incorrectly
priced as a 375ml bottle. When such situations occur, New Clairvaux
Vineyard shall be held harmless for the error. We make every
effort to make sure that our product database is accurate, however
mistakes do happen. We will not be responsible for typographical
errors. In all cases, the customer will be contacted before any
charges are made to the credit card for a decision to proceed
or not proceed with the order at the correct price.
Copyright and Trademark
All web site materials, including, without limitation, text, graphics,
logos, icons, images, audio clips, software, trademarks, service
marks and trade names (together "Site Content") are
copyrighted materials owned by or licensed to SUNSERI WINE COMPANY.
You may electronically copy and print portions of the web site
and the Site Content for your own personal non-commercial use
only. Any other use of the web site and the Site Content, including
commercial use, modification etc., are strictly prohibited.
Payment Terms
You must provide New Clairvaux Vineyard with a valid credit card
for the Wine Club Membership and other charges associated with
your purchase. At this time, New Clairvaux Vineyard accepts payment
through the following credit card types: Visa®, MasterCard®,
American Express®. Should you experience any problems while
placing an order, a Customer Service representative is available
to assist and place the order for you. Please call 530-839-2200.
Notices
New Clairvaux Vineyard will give you notices of changes to any
of its policies or notices regarding other matters by posting
them on the web site. You will be responsible for checking the
web site for notices, and that you will be considered to have
received a notice when it is posted on the web site.
Disclaimer of Warranties
New Clairvaux Vineyard endeavors to provide you with current, accurate
and reliable information on the web site. However, New Clairvaux
Vineyard does not warrant or make any representations regarding
the accuracy, reliability or any use of information on the web
site. THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
NEW CLAIRVAUX VINEYARD DISCLAIMS ALL SUCH WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEW CLAIRVAUX
VINEYARD DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED,
ERROR- OR VIRUS-FREE OR THAT SITE MATERIALS ARE ACCURATE, COMPLETE,
RELIABLE OR ERROR-FREE. Your use of the web 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 web site.
Limitation of Liability
IN NO EVENT SHALL NEW CLAIRVAUX VINEYARD AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE WEB SITE, ITS USE, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR ANY SITE MATERIALS, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF NEW CLAIRVAUX VINEYARD OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
If you are dissatisfied with any portion of the web site, or with
these Terms of Use or any other policy applicable to the web site,
your sole and exclusive remedy is to discontinue using the web
site. This sole and exclusive remedy is separate and independent
of any other provision that limits New Clairvaux Vineyard’s liability
or your remedies.
Electronic Communications
When you visit New Clairvaux Vineyard or send e-mails to us, you
are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
Terms
All sales are subject to California State and any City Sales taxes.
Title to the product passes to the purchaser in California. We
as the seller broker shipping for the consumer. ALL TERMS, POLICIES
AND PROCEDURES are void where prohibited by law.
Risk of Loss
All items purchased from New Clairvaux Vineyard are made pursuant
to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier.
Product Descriptions
New Clairvaux Vineyard attempts to be as accurate as possible.
However, New Clairvaux Vineyard does not warrant that company descriptions
or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by New Clairvaux Vineyard
itself is not as described, your sole remedy is to return it in
unused condition.
Pricing Errors and Omissions Excepted
Occasionally, our listed prices may be incorrect or the bottle
size may be incorrect. For example a 750ml size may be incorrectly
priced as a 375ml bottle. When such situations occur, New Clairvaux
Vineyard shall be held harmless for the error. We make every
effort to make sure that our product database is accurate, however
mistakes do happen. We will not be responsible for typographical
errors. In all cases, the customer will be contacted before any
charges are made to the credit card for a decision to proceed
or not proceed with the order at the correct price.
To the full extent permissible by applicable law, New Clairvaux
Vineyard disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose. New Clairvaux Vineyard does not warrant
that this site, its servers, or e-mail sent from New Clairvaux
Vineyard are free of viruses or other harmful components. New Clairvaux
Vineyard will not be liable for any damages of any kind arising
from the use of this site, including, but not limited to direct,
indirect, incidental, punitive, and consequential damages.
If you have any questions about these Terms of Use, please email
us at
mail@newclairvauxvineyard.com or call us at 530-839-2200.
