Terms & Conditions
Terms and Conditions
NO ENTRY TO THIS WEBSITE IS PERMITTED FOR UNDER-AGED INDIVIDUALS. TO USE THIS SITE, YOU MUST BE AT LEAST THE LEGAL DRINKING AGE IN THE LOCATION FROM WHICH YOU ARE ACCESSING THIS SITE.
Copyright © 2018, Mendocino Wine Group LLC,
d/b/a Moniker Wine Estates
ALL RIGHTS RESERVED.
This website, and each of its components, is the copyrighted property of Mendocino Wine Group, LLC, d/b/a Moniker Wine Estates (“Moniker”), and its affiliates, various third-party providers and distributors. Portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Moniker Wine Estates and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common-law trademarks of Moniker Wine Estates, its affiliates, and various third parties. Nothing contained on this website grants, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Moniker Wine Estates or such other party that may own the Trademark. YOU MUST OBTAIN THE PRIOR WRITTEN PERMISSION OF MONIKER WINE ESTATES BEFORE YOU LINK TO THIS WEBSITE. MONIKER WINE ESTATES WILL ONLY CONSIDER THE AUTHORIZATION OF LINKS TO THIS SITE FROM THIRD-PARTY SITES ON WHICH A SUBSTANTIAL MAJORITY OF ITS VISITORS AND USERS ARE AT LEAST OF LEGAL DRINKING AGE IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING THIS SITE.
2. USE OF SITE.
By having entered this website you have confirmed that you are of legal drinking age in the jurisdiction from which you are accessing this site. You may only use this website to browse the content, make inquiries to Moniker Wine Estates, order Moniker Wine Estates products and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Moniker Wine Estates, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. Moniker Wine Estates does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. Moniker Wine Estates does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Moniker Wine Estates (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this site).
3. AGE AND RESPONSIBILITY.
You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur because of the use of this website. You understand that you are financially responsible for all uses of this website by you and for purchases you make on this website.
5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS.
When you order you will be given the opportunity to create and account. In that regard, you will be permitted to create your own username and passwords (“Access Codes”). Thereafter, you may utilize those Access Codes to obtain access to your account. You will be responsible for any activities conducted using Access Codes assigned to you.
7. EXCLUSION OF WARRANTY.
MONIKER WINE ESTATES AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. MONIKER WINE ESTATES AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. MONIKER WINE ESTATES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE MONIKER WINE ESTATES COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. We expressly exclude all liability for any such inaccuracies or errors to the fullest extent permitted by law. Moniker Wine Estates may make additions, deletions, or modifications to the information at any time without any prior notification.
8. LIMITATION OF LIABILITY.
MONIKER WINE ESTATES ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL MONIKER WINE ESTATES WINES OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY MONIKER WINE ESTATES OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
You shall defend and indemnify Moniker Wine Estates and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of this website.
“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Moniker Wine Estates regarding the products or services of Moniker Wine Estates. Submissions will not be confidential and will become the property of Moniker Wine Estates upon submission to Moniker Wine Estates. By providing any Submissions, you hereby assign to Moniker Wine Estates, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Moniker Wine Estates will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Moniker Wine Estates, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
11. PRODUCT AVAILABILITY.
Reference to any product on the website constitutes an offer to sell or supply that product and does not mean that the product is available when you order it. Moniker Wine Estates manages all or portions of the website from the State of California, in the United States of America. In no way does Moniker Wine Estates imply that the products on this website are appropriate or available for use outside of the United States and the company may not be able to fill your order if you require shipping outside of the United States.
We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.
You must be 21 years of age or older, to order or receive alcoholic beverages from Moniker Wine Estates. By placing your order online, you represent to us that you are at least 21 years of age and that the person receiving the wine is at least 21 years of age. The individual receiving delivery will be required to show identification proving that he or she is at least 21 years old. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Wines purchased from Moniker Wine Estates are not for resale, and are for personal consumption only.
12. BACKORDERS (OUT OF STOCK).
Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. We will notify you if a backorder situation exists.
13. PRICES AND AVAILABILITY.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.
14. ORDER ACCEPTANCE.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order.
15. SALES TAX.
Tax charges are based on state and local tax laws and tax rates for the delivery address of your order. Where required, tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the taxes you paid for that item. You will not receive a refund for the taxes you paid on the shipping and handling of that item, as the shipping and handling charges are nonrefundable once an item has been shipped. Please note that on-screen order totals reflect estimated tax. The actual charge to your credit card will reflect all applicable taxes calculated at the time your order is shipped. If you have questions about the taxes on your invoice, please call us our toll free customer service number 800.888.6715.
Orders are by credit card only. We accept Visa, MasterCard, and American Express.
17. GOVERNMENT WARNINGS.
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
CONSUMPTION OF ALCOHOLIC BEVERAGES IMPAIRS THE ABILITY TO DRIVE A CAR OR OPERATE MACHINERY, AND MAY CAUSE HEALTH PROBLEMS.
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA.
18. WINE SHIPPING RESTRICTIONS.
Moniker Wine Estates is legally allowed to ship wine only to those states with laws that explicitly permit the shipment of wine directly to consumers:
AK, AZ, CA, CO, CT, DC, FL, GA, HI, ID, IL, IA, KS, ME, MD, MA, MI, MN, MO, MT, NE,
NV, NH, NM, NY, NC, ND, OR, PA, SC, SD, TN, TX, VT, VA, WA, WV, WI, WY
The laws of each state regulate the number of cases of wine that we can periodically ship to a single person, household, or address. If your order exceeds the allowable quantity in your state, we will contact you by phone or email. If the state you are shipping to does not appear in our list, please call our toll-free customer-service number: 800.888.6715 for other options that may be available in your area or check out our store locator.
The laws regarding the direct shipment of wine are constantly changing. We will expand our service area when laws permit. For more information on your state’s alcohol shipping and advertising laws, visit www.freethegrapes.org. Shipping & advertising void where prohibited.
19. WINE CLUB SHIPMENT POLICIES.
I hereby authorize Mendocino Wine Co/ Moniker Wine Estates to debit my bank account or charge my credit card account, for the dollar amount of Wine Club services and products rendered to me. I understand that if I want to cancel this agreement I must do so by contacting the Moniker Wine Estates Club Coordinator, by either phone or email at 707-467-3480 or email@example.com, at least 10 business days prior to my account being charged.
A 15% restocking fee will be applied to all orders cancelled and shipping charges will not be refunded.
Wine club memberships that are designated by the club member to be picked up at Moniker Wine Estates, that are not picked up within 90 days from the transaction date will be shipped at the member’s expense automatically.
20. SHIPPING POLICIES.
Standard deliveries in the Continental US are shipped via ground service. When filling out shipping information, please provide a physical address as shipments of alcohol may not be delivered to a P.O. Box and must be signed for by a person 21 years of age or older. Standard delivery time is five to ten business days. Air freight or delays may be required in extreme weather. Orders to Alaska are shipped via UPS 2nd Day Air. When using UPS 2nd Day Air or other expedited delivery service, all orders received after 9:00 am will leave our warehouse within three businesses days. Three delivery attempts will be made before the shipper returns the package to us. Once returned we will charge a $15 fee for reshipping. This policy additionally applies to shipments refused by the recipient. To avoid this inconvenience, we recommend delivery to a commercially-zoned business address. If your package needs to be rerouted during transit a $15 fee will apply. If your package is returned we will contact you via email or phone to reship your order.
21. WINE IS A PERISHABLE COMMODITY.
Extremes of temperature — cold, heat, or humidity — may adversely affect the condition of your wine during shipment or home storage. Mendocino Wine Co/ Moniker Wine Estates is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment or after delivery to you. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes your responsibility.
22. RETURN POLICY.
Your satisfaction with our products is very important to us and, therefore, guaranteed. If for any reason, except those described in Section 20 above, you are not satisfied with your purchase; you may return it within fourteen (14) days for a full refund or an exchange. The original shipping and handling charges are nonrefundable.
We will replace or refund you for any bottle of wine that is damaged, flawed, or that the customer finds unsatisfactory. We ask that the customer return the unfinished portion of the original bottle for replacement. By law, we cannot accept returns of alcoholic beverages unless the product is corked, or flawed. We are also unable to accept return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. Please send an email to firstname.lastname@example.org to arrange for the return of corked or flawed product.
Return & Exchange Procedure:
Indicate whether you want a replacement, or an exchange.
• If you are exchanging, let us know what item you would like in exchange.
• Please pack and seal the item(s) securely.
• Packages must be returned prepaid; we cannot accept COD deliveries.
• We will refund shipping charges only if we have sent the wrong item or if the item was defective, except if the defect is from any of the events described in Section 21.
Credit Card Refunds
All credits will be processed to the credit card used for the original purchase.
• Please allow 1-2 billing cycles for the credit to appear on your statement.
If you require further assistance or you would like to make a special request, please call our toll-free number 800.888.6715.
Moniker Wine Estates attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate.
24. REGISTRATION AND SECURITY.
Your use of this website is independent of Moniker Wine Estates and not as an employee, agent, partner, or joint venturer with Moniker Wine Estates for any purpose. We will permit our independent sales representatives to access portions of this website.
26. GOVERNING LAW.
This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over Sonoma County, California, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
29. ADDITIONAL TERMS.
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you will abide by such other terms and conditions.
These terms and conditions are severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
32. COPYRIGHT ACT AGENT.
Moniker Wine Estates respects the intellectual property rights of others, and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Moniker Wine Estates
501 Parducci Rd
Ukiah, CA 95482
33. ENTIRE AGREEMENT.
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.
HOW TO CONTACT US. If you have any comments or questions, please do not hesitate to contact us at email@example.com.
Last revised May 2013