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Terms and Conditions
Welcome to mahoneyvineyards.com, the online home for Mahoney Vineyards and Fleur wines. The terms “Mahoney Vineyards,” “Fleur”, "Fleur de California", "Carneros Wine Company/Mahoney Vineyards", "Online Shop", "Carneros Wine Company", "Shop.CarnerosWineCompany.com", “us”, or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
General Terms and Conditions
Your use of the Mahoney Vineyards site is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of the Mahoney Vineyards site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. These Terms and Conditions may be updated by Mahoney Vineyards at any time and from time to time with or without notice to you. Your continued use of the Mahoney Vineyards site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa 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 website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Sale of Alcoholic Beverages
Mahoney Vineyards 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. ALL SHIPMENTS REQUIRE AN ADULT SIGNATURE ON DELIVERY! 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 Mahoney Vineyards 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 Mahoney Vineyards 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, Mahoney Vineyards will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, Mahoney Vineyards 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.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, Discover/Novus, and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, Mahoney Vineyards shall be held harmless for any such errors. In all cases, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible).
All wine is sold in the state of California and the title passes to the buyer in California. All purchases shipped to California addresses will be subject to a 7.25% sales tax except for purchase shipped to addresses in Napa County where a 7.75% sales tax applies. Shipments to states other than California may be charged sales tax in accordance with that state's laws.
Disclaimer of Warranties
ALTHOUGH Mahoney Vineyards ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE Mahoney Vineyards SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE Mahoney Vineyards SITE. Mahoney Vineyards DOES NOT WARRANT THAT YOUR USE OF THE Mahoney Vineyards SITE, OR THE OPERATION OR FUNCTION OF THE Mahoney Vineyards 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 Mahoney Vineyards 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. Mahoney Vineyards AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE Mahoney Vineyards SITE. THE Mahoney Vineyards 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 Mahoney Vineyards 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 Mahoney Vineyards SITE, THE USE OR PERFORMANCE OF THE Mahoney Vineyards SITE, THE DELAY OR INABILITY TO USE THE Mahoney Vineyards SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Mahoney Vineyards SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Mahoney Vineyards SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Mahoney Vineyards OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Mahoney Vineyards SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Mahoney Vineyards SITE.
Mahoney Vineyards strives to provide its customers with the highest quality products and service. All wine sold by us is maintained at optimum conditions. We consider wine to be out of our control once it has been handed over to the shipper and we cannot be responsible for improper storage after it has been delivered. Therefore, once your wine order has been picked up by the common carrier for delivery, or by you at our business office, the wine becomes your responsibility. Mahoney Vineyards is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. Our policy is not to ship when temperatures are over 80 degrees or under 35 degrees unless it is done via FedEx Cold Chain service or via FedEx 2nd Day or Overnight shipping methods. We also cannot accept returns for the following: wines that do not coincide with personal tastes, wines that have been adversely affected by customer’s storage, wines affected by cork taint, and wines that have been otherwise damaged as a result of any other adverse condition occurring while the wines were in the customer’s care.
By using this website, you agree to be bound by the Terms and Conditions above. If you have any questions about these Terms and Conditions, please contact us at 707-253-WINE.
Last Updated: October 20th, 2012
Originally Posted: October 20th, 2012