Terms of Use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Joseph Cellars relationship with you in the context of this website.

 

The term “Joseph Cellars Winery”  "Joseph Cellars" or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.

 

The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice.

 

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

 

Intellectual Property

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 data, images and information (collectively, ‘Intellectual Property’) appearing on this Site (including but not limited to names, trademarks, logos and copyrighted material) are owned by us, our related companies or third party licencors. You agree not to reproduce, sell, distribute, publish, broadcast, circulate or commercially exploit the Intellectual Property in any manner, unless expressly permitted by us in writing or, in the case of copyright material, as permitted by federal copyright laws. All rights not expressly granted here are reserved to Joseph Cellars.

 

You agree to not use any computer program tools including but not limited to web spiders, bots, indexers, robots, crawlers harvesters or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (collectively, ‘Tools’) to access acquire, copy or monitor any portion of the website or content, reproduce or circumvent the navigational structure or presentation of the Site or any content, obtain or attempt to obtain materials, documents or information through any means not purposely made available through the website. Tools that access or use the Site shall be considered agents of the individuals who control or author them. 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.

 

Disclaimer

This Site is provided to you on an “AS IS” and “WITH ALL FAULTS” basis. This means that despite our best efforts, the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. Joseph Cellars  MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL TWE BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOST PROFITS OR GOODWILL RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS OR COMPUTER VIRUSES, IRRESPECTIVE OF WHETHER TWE KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.

 

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND THIRD PARTY CLAIMS. IF THE WARRANTY EXCLUSION OF LIMITATION OF LIABILITY OUTLINED IN THESE TERMS AND CONDITIONS IS DETERMINED BY COURT JUDGMENT OR ARBITRATOR’S WRITTEN OPINION TO BE UNENFORCEABLE, YOU AGREE THAT TWE’S LIABILITY WILL NOT EXCEED TWENTY FIVE DOLLARS ($25.00) USD.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

 

Wine-Specific Conditions

 

Legal Requirements

You must be 21 years of age or older, to order or receive alcoholic beverages from Joseph Cellars. 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 Joseph Cellars are not for resale, and are for personal consumption only.

 

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express.

 

Minimum Purchase

No minimum purchase is required.

 

Transactions on Site

If you use this Site to purchase goods from us, we may require that you open an account and create a username and password. You are responsible for the confidentiality and use of your password. You agree to notify us immediately if you become aware of (a) any loss or theft of your username or password or (b) any unauthorized or illegal use of your username or password.

 

States Authorized for Direct Shipment

Due to the ever-changing nature of wine shipping laws, we may or may not be able to ship wines directly to your state. If you would like to make alternate arrangements for the shipping of your order, please contact us. For third party shipping arrangements, the shipping charge will be collected by the alternate shipping party. We cannot ship to a P.O. Box or APO/FPO addresses.

 

Tax Rates

Wine sold and shipped to customers in states other than California, we will apply those states' tax rules to your sale.

 

Shipping Costs

FedEx Ground & GSO is Joseph Cellars carrier of choice (common carrier). Ground shipping is provided by FedEx Ground at current market rates. *Note – If the customer selects UPS Air as his or her carrier, the customer pays all shipping charges, regardless of his or her wine club membership or purchase amount.

Cellar Club enjoy discounted shipping as part of our program

 

Wine is a Delicate Commodity

Wine is a perishable product. For this reason our shipping policy dictates that we do not ship wine during periods of extreme high or low temperatures, or when we feel there is a high risk of spoilage.

Shipping wine over a weekend can also expose it to unnecessary spoilage risk. For this reason, we make every effort to ship wine club and any other ground shipments only on Mondays. We will ship 2-day air shipments as late as Tuesday, and next day air shipments as late as Wednesday.

You may choose to override our shipping policy, but we will not accept returns for spoiled wine that was not shipped according to our shipping policy. Your credit card will be charged at the time of fulfillment, which happens before a weather hold decision is made. In some case-specific instances we may be able to reroute a shipment after it has been placed on weather hold (change to 2-day or overnight delivery, or hold for pickup), barring logistical constraints.

During the hottest and coldest times of the year, we may not ship at all to certain locations, OR at our discretion may elect to ship via 2nd day delivery—at no additional cost to you—to areas most affected by heat or cold.

While we make every effort to ensure your wine arrives in the same pristine condition as when it left the winery, we cannot control what happens to your shipment in transit. If you feel you have received a damaged bottle, please contact us immediately.