Terms of Service and Conditions of Sale
Welcome to www.website.com, the website for Tayson Pierce Wines. The terms “Tayson Pierce Wines,” “www.website.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 Tayson Pierce Wines 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 Tayson Pierce Wines 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 Tayson Pierce Wines at any time and from time to time with or without notice to you. Your continued use of the Tayson Pierce Wines 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 offence. 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
Tayson Pierce Wines 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 Tayson Pierce Wines 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 Tayson Pierce Wines 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, Tayson Pierce Wines will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, Tayson Pierce Wines 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, 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. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order.
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, Tayson Pierce Wines 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).
Sales and Shipping
All orders are processed at, and shipped from, our facility in Napa, California. We ship by ground and air using FedEx and GSO (where available) and our shipping prices include packaging materials. Insurance may be available for an additional charge. Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Expedited delivery generally isn’t much more expensive and is more than worth it in order to protect your investment! Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Tayson Pierce Wines 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. Tayson Pierce Wines 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 Tayson Pierce Wines to act on your behalf to engage a common carrier to deliver the items in your order.
Please note that Tayson Pierce Wines 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. Tayson Pierce Wines will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Tayson Pierce Wines in its sole discretion believes that such shipment will not subject Tayson Pierce Wines 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 Tayson Pierce Wines 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. Please contact Tayson Pierce Wines at firstname.lastname@example.org with any questions or concerns you may have regarding our shipping policies.
Tayson Pierce Wines will notify you by email when your wines are ready to be shipped. Generally, we will attempt to ship your wines in the Fall shortly after our annual offer is sent and your order is placed. However, please be aware that your order may be delayed until ideal weather and shipping conditions arise to protect your wines. You will be given the opportunity to coordinate the proper shipping address and method with us at that time.
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 7.75% sales tax.
Disclaimer of Warranties
ALTHOUGH Tayson Pierce Wines ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE Tayson Pierce Wines SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE Tayson Pierce Wines SITE. Tayson Pierce Wines DOES NOT WARRANT THAT YOUR USE OF THE Tayson Pierce Wines SITE, OR THE OPERATION OR FUNCTION OF THE Tayson Pierce Wines 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 Tayson Pierce Wines 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. Tayson Pierce Wines AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE Tayson Pierce Wines SITE. THE Tayson Pierce Wines 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 Tayson Pierce Wines 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 Tayson Pierce Wines SITE, THE USE OR PERFORMANCE OF THE Tayson Pierce Wines SITE, THE DELAY OR INABILITY TO USE THE Tayson Pierce Wines SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Tayson Pierce Wines SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Tayson Pierce Wines SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Tayson Pierce Wines OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Tayson Pierce Wines SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Tayson Pierce Wines SITE.
Tayson Pierce Wines strives to provide its customers with the highest quality products and service. Your satisfaction is our first priority. If, for any reason, you are dissatisfied with your order, please contact us within 7 days of the date of your order for customer care assistance. For fastest results, contact us by emailing email@example.com. 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, the wine becomes your responsibility. Tayson Pierce Wines is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment. 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, 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 firstname.lastname@example.org.
Last Updated: October 7th, 2011
Originally Posted: October 6th, 2011