Terms of service

 

General

At The California Fruit Wine Co. (CFWco) we strive to offer a first-class experience for our members, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and CFWco, and its affiliates (collectively, “CFWco,” “we,” or “us”) with respect to your use of this website and any other CFWco owned websites, micro-sites, and social media pages and accounts (collectively, “CFWco Sites”), all CFWco-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the CFWco Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the CFWco Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain CFWco Services, specific areas of certain CFWco Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain CFWco Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional polices, terms, and conditions applicable to those specific areas of the CFWco Sites or Applications will be controlling with respect to those particular areas. CFWco reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on CFWco Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on CFWco Sites, Applications or any other website in regards to CFWco, or while contacting any of our Member Services team, will not be tolerated.

Wine may only be sold and delivered to individuals twenty-one years or older. There must be an adult present to sign for all CFWco shipments. A valid government-issued ID may be required upon delivery.

Privacy

Your use of the CFWco Sites, Applications and Services is subject to our Privacy Notice located at www.californiafruitwine.com/privacy-policy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by CFWco.

California Fruit Wine Membership

Membership Program. You must be a California Fruit Wine member in order to place an order through California Fruit Wine Sites, Applications or Services. You may become a California Fruit Wine member by providing the requested registration information and submitting it to California Fruit Wine through the California Fruit Wine Sites or Applications. By becoming a member and placing an order, you agree to receive a shipment of at least 2 bottles of wine from California Fruit Wine once a month until you cancel your membership. You may suspend or cancel your membership any time. A flat shipping charge of $6 may apply based on the size of your order. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize California Fruit Wine to charge your credit card (including shipping and any applicable tax) for each monthly California Fruit Wine wine shipment. Please notify us at least 2 weeks prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.

Membership Termination. You may cancel your California Fruit Wine Membership at any time by emailing CFWco Member Services at members@californiafruitwine.com or calling (858) 522-9463between 10:00 a.m. and 4:00 p.m. Pacific Time, Monday through Friday. CFWco may terminate your membership and refuse any and all current or future use of California Fruit Wine Membership or other services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that CFWco determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if CFWco determines, in its sole discretion, that you are using your California Fruit Wine Membership in a manner not permitted by these Terms, or (4) in other circumstances, as CFWco deems appropriate in its sole discretion.

Member Registration. If you register to become a California Fruit Wine member, you agree to complete the initial registration process according to the requirements stated on the applicable California Fruit Wine Site or Application, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on a California Fruit Wine Site or using an Application, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to California Fruit Wine that your use of a payment card in connection with any purchase you make on the California Fruit Wine Site or Application is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify California Fruit Wine if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.

Member Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.

Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize California Fruit Wine to charge such amount to your payment card at that time.

CFWco’s Commitment to Quality

If you are dissatisfied with your CFWco purchase for any reason, please contact CFWco Member Services at (855) 282-5829 between 6:00 a.m. and 5:00 p.m. Pacific Time, Monday through Friday or via live chat available at californiafruitwine.com between 6:00 a.m and 5:00 p.m. Pacific Time, Monday through Friday and between 7:00 a.m. and 4:00 p.m. Pacific Time, Saturday and Sunday, so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to CFWco. Subject to the conditions set forth here, CFWco will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, either by crediting the payment card account used to pay for the product or providing you with an account credit, at your option.

CFWCO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH A CFWco SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

California Fruit Wine Referral Credit Program

California Fruit Wine may offer members the ability to earn credits or discounts (“Referral Credits”) toward future purchases from California Fruit Wine or CFWco Gifts when they invite friends to become members of California Fruit Wine and those friends make a qualifying purchase within six (6) months of the invitation sent through an authorized California Fruit Wine invitation channel (e.g. an invitation sent through California Fruit Wine’s website, Facebook or another social media channel supported by California Fruit Wine). You may only earn Referral Credits via California Fruit Wine’s authorized member invite mechanisms. Referrals outside of California Fruit Wine authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire six (6) months after issuance. You will only receive Referral Credit for the first and second completed purchase(s) made by a friend who makes his or her first purchase with California Fruit Wine as a result of an invite from you via a California Fruit Wine authorized channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you will not receive Referral Credit, and California Fruit Wine will have no liability to you for your friend’s failure to follow directions. Total Referral Credits for referring a friend may be divided across up to two (2) completed purchases and deposited after each such purchase. If your friend only makes one (1) purchase, no additional Referral Credits will be deposited in your account for that referral.

Registering multiple California Fruit Wine accounts is a violation of these Terms and sending invites to alternate email addresses or accounts or otherwise attempting to circumvent California Fruit Wine’s referral credit program system may, without limiting any other CFWco rights or remedies, result in forfeiture of your CFWco membership and all Referral Credits in your account. CFWco reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by CFWco. You may not conduct your own promotion in connection with our referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of CFWco, and you may not use any trademarks of CFWco without obtaining written permission from CFWco.

Referral Credits will appear in your account within approximately 24 hours after one of your qualifying invitees completes a purchase and that purchase is shipped. Referral Credits are not awarded for CFWco Gift Card purchases. Referral Credits earned via California Fruit Wine may only be used on the California Fruit Wine or CFWco Gifts Sites and may not be used toward the purchase of a Gift Card or on any other website affiliated with CFWco.

The Referral Credit Program is void where prohibited by law. CFWco reserves the right to modify or terminate the Referral Credit Program at any time, although Referral Credits accrued shall be valid for six (6) months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. CFWco will have no liability for any errors displayed in your account.

CFWco Member Credits

CFWco Member Credits (collectively “Member Credits”) are credits purchased by the customer. Member Credits do not include credits earned via referral, Give a Box, gifts, promotions, or other discounts.

PURCHASE: CFWco Member Credits may be purchased at https://californiafruitwine.com/save. Member Credits and their use are subject to these Terms. In order to purchase Member Credits, you will need to provide certain information, including but not limited to, name, email address, and a valid credit card number. The value of Member Credits will show up in your account as an account credit. The purchase of Member Credits is non-refundable or cancellable.

USE: In order to redeem Member Credits, the order recipient must be a resident of the United States in a state where it is legal to directly ship wine. Member Credits must be redeemed toward the purchase of eligible products on www.californiafruitwine.com or www.winc.com/gifts. Purchases are deducted from the Member Credit balance. If an order exceeds the amount of outstanding Member Credits, the balance must be paid with a credit card or other available payment method. To view your redeemed Member Credit balance, visit “My Account” on www.californiafruitwine.com

CANCELLATION AND EXPIRATION: After delivery of an email confirmation of the purchase of Member Credits, the Member Credits cannot be cancelled and the purchase is final and non-refundable. Member Credits do not have an expiration date.

LIMITATIONS: (i) Member Credits may only be used on California Fruit Wine and CFWco Gifts Sites, toward the purchase of eligible products. Existing Member Credits cannot be used towards the purchase of additional Member Credits. If a purchase exceeds the amount of the Member Credits, the balance must be paid with a credit card or other available payment method; and (ii) Member Credits cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Void where prohibited by law

CFWco Gifts Cards

PURCHASE: E-Gift Cards and Physical Gift Cards (collectively “Gift Cards”) may be purchased at www.californiafruitwine.com/gifts. Gift Cards and their use are subject to these Terms. In order to purchase a Gift Card, you will need to provide certain information, including but not limited to, recipient email address, recipient name, and a valid credit card number. The value of a Gift Card will show up in the recipient’s account as an account credit or the Gift Card may be submitted as payment at the time of a CFWco product purchase. The purchase of a Gift Card is non-refundable or cancellable. Account credits may not be used to purchase Gift Cards.

USE. In order to redeem a Gift Card, the recipient must be a member of California Fruit Wine and a resident of the United States in a state where it is legal to directly ship wine. Gift Cards must be redeemed toward the purchase of eligible products on www.californiafruitwine.com. Purchases are deducted from the Gift Card balance. Any unused Gift Card balance will be placed in the recipient’s CFWco account as credit. If an order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. To view your redeemed Gift Card balances, visit “My Account” on www.californiafruitwine.com and go to “Account Credits.”

PRIORITY OF CREDIT USE: When making a purchase with a Gift Card, the value of the purchase plus any shipping/handling fees and sales tax, if applicable, will be automatically deducted from your account credits. Priority of account credit use shall be as follows: first, credits that have an expiration date (for example, referral credits), and second, credits that do not have an expiration date (for example, Gift Cards). Within a specific class of credits, credits will be used according to their age (oldest being used first).

REFERRAL CREDITS. If a purchaser buys an E-Gift Card for a non-member of California Fruit Wine and the recipient then becomes a member of California Fruit Wine, the purchaser will not receive any referral fee if the recipient’s first purchase is with a Gift Card.

CANCELLATION AND EXPIRATION: After delivery of an email confirmation of the purchase a Gift Card, the Gift Card cannot be cancelled and the purchase is final and non-refundable. Gift Cards do not have an expiration date.

LIMITATIONS. (i) Gift Cards may only be used on California Fruit Wine and CFWco Gifts Sites, toward the purchase of eligible products. If a purchase exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method; (ii) Gift Cards cannot be used to purchase additional Gift Cards; (iii) Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law; (iv) Unused Gift Card account credits may not be transferred.

Risk of Loss

All items purchased from CFWco 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.

With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, CFWco (in its sole discretion) may issue a replacement for the balance shown on its records. CFWco is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.

California Fruit Wine Restocking Fee

Orders returned to California Fruit Wine may be subject to a reasonable restocking fee. California Fruit Wine reserves the right to charge an additional $20 fee for all re-shipped orders upon customer’s request for reshipment.

Your Account

All alcohol listings are intended for individuals who are 21 years of age or older. CFWco reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.

You must be at least 21 years of age to use CFWco sites and purchase alcohol through CFWco Services.

Disclaimer of Warranties

THE CFWco SITES AND APPLICATIONS AND THE CONTENT PROVIDED ON OR THROUGH THE CFWco SITES AND APPLICATIONS IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND CFWco HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER CFWco NOR ANY PERSON ASSOCIATED WITH CFWco MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE CFWco SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER CFWco NOR ANYONE ASSOCIATED WITH CFWco REPRESENTS OR WARRANTS THAT THE SITES APPLICATIONS OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE CFWco SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL CFWco, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES AND APPLICATIONS OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE CFWco SITES AND APPLICATIONS OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND CFWco’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

Indemnification

You agree to defend, indemnify and hold harmless CFWco and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of CFWco Sites, Applications or Services.

Trademarks

The trademarks and service marks displayed on the CFWco Sites and Applications are the registered and unregistered trademarks, service marks and trade dress of CFWco and its licensors. For a list of CFWco trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CFWco Sites and Applications are trademarks, service marks or trade dress of CFWco in the U.S. and other countries. CFWco’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not CFWco, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CFWco. All other trademarks not owned by CFWco that appear in any CFWco service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CFWco.

Copyright

All content included on or made available through any CFWco Sites and Applications, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of CFWco or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CFWco Sites and Applications is the exclusive property of CFWco and protected by U.S. and international copyright laws.

Submitted Materials and Ideas

While we appreciate your interest in CFWco and our business, CFWco does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of CFWco might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on CFWco Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

Links to Third-Party Websites

CFWco Sites or Applications may contain links to third-party websites. These links are provided for your convenience only. CFWco has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the CFWco Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND CFWco MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate

You and CFWco agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the CFWco Terms, your use of CFWco Sites, Applications or Services, or to any products sold or distributed by CFWco or through CFWco Sites, Applications or Services will be resolved by binding arbitration, rather than in court,except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or CFWco may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and CFWco subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other CFWco members, but is bound by rulings in prior arbitrations involving the same CFWco member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions

You and CFWco agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.Unless both you and CFWco agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other CFWco members.

If for any reason a claim proceeds in court rather than in arbitration both you and CFWco each waive any right to a jury trial. You and CFWco also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any CFWco Sites, Applications or Services, or any products sold or distributed by CFWco or through CFWco Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any CFWco Sites, Applications or Services, or any products sold or distributed by CFWco or through CFWco Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of these Terms by CFWco shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of CFWco to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

United States Only

Unless otherwise specified, the CFWco Services are presented solely for the purpose of promoting products and services available in the United States. CFWco makes no representation that the CFWco Services are appropriate or available for use in other locations. If you access CFWco Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Entire Agreement

These Terms and our Privacy Notice constitute the sole and entire agreement between you and CFWco with respect to the CFWco Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

Modifications

CFWco reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the California Fruit Wine Referral Program, at any time. If CFWco makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at www.californiafruitwine.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes. Should you wish to terminate your membership due to a modification to the Terms, please contact CFWco Member Services at (858) 522-9463 between 10:00 a.m. and 4:00 p.m. Pacific Time, Monday through Friday. If you choose to continue using the CFWco Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.

Contact Information

If you have questions or comments about these Terms or the CFWco Sites, Applications or Services, please write, phone or email us via the contact information below:

The California Fruit Wine Co. 
3186 Lionshead Ave, Ste 150
Carlsbad, CA 92010
(858) 522-9463  

©2016 CFWco. All Rights Reserved.