Terms & Conditions
Last Updated: March 1, 2019
GENERAL TERMS AND CONDITIONS
Your use of this website 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 this website 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 at any time and from time to time with or without notice to you. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
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. You agree that our company and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to our website may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of our company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by our company in writing. The Terms and Conditions, along with our Privacy Policy, comprises the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of our company. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of our company shall be null and void. These Terms and Conditions will inure to the benefit of our company’s successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
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
Legal Requirements
We do not sell alcohol to persons under the age of 21 and make 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 us 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 us 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, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify 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 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, we shall be held harmless for any such errors.
Disclaimer of Warranties
Although we endeavor to provide current, accurate and reliable information on our website, we do not warrant or make any representations regarding the events or the accuracy, reliability or any use of this website. We do not warrant that your use of this website, or the operation or function of this website, 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 this website 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. We and our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of this website. This website content provided “as is” and “as available” without any express, implied or statutory warrant 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 we and/or our 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 this website, the use or performance of this website, the delay or inability to use this website, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. If you are dissatisfied with any portion of this website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this website.
Drink Responsibly
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
PRIVACY POLICY
Last Updated: March 1, 2019
Larkmead Vineyards ("We" and "Us") has created this privacy statement to demonstrate our firm commitment to our customers' privacy. The following Privacy Policy applies when you visit our website: www.larkmead.com (the "Site"). We respect your privacy and you can reach us by e-mail at info@larkmead.com. For technical site support contact our Marketing Manager at any time.
For visitors who sign up to become a registered member of our Site, please read the following:
We require your complete registration information as stated on the Site, including a valid email address, in order fulfill any customer requests. Registration for our Allocation or Mailing lists is confirmed via email and at any time you can request to be unsubscribed.
Your personal information is the property of Larkmead Vineyards and will only be used to contact you about products or services we offer.
Personal Information and Data Collection and Use:
When you join our Allocation or Mailing lists, place an order, request a tasting, or contact us for other similar business purposes, we may collect personally identifiable information about you, including your name, address, email address, phone number, date of birth, and credit card information. We use this personally identifiable information to process your requests and to communicate with you about your orders and visits. Your information will remain the property of Larkmead Vineyards and will not be shared at ANY TIME without additional opt-in permission as contacted by Larkmead staff.
Additionally, we may also use your name and contact information to notify you of changes to our Site, new releases, special offers, and events we think you will find valuable or of interest. You can request to be unsubscribed at any time. If you do not wish to receive this information via email, please send an email to info@larkmead.com from the email address you would like removed and include the word "Unsubscribe" in the subject line.
Cookies and Website Traffic:
We collect anonymous information from visits to our site to help us understand usage and visitation patterns of our Site, and to provide better customer service. Information collected in this manner is provided automatically and anonymously by your system and the systems that you use to connect to our Site. We track what time customers enter our site, how long they stay on the site, and what sections they visit on the site. This information is kept in aggregate, anonymous format.
Cookies left on your system by our site are sometimes used for the purpose of allowing users the convenience of not having to re-enter usernames and passwords on our Site, however, no username or password information is kept on your local machine. Only a unique identifier is kept on your system that will allow you to access the records stored on our secure, password-protected server(s). For visitors to our Site who do not register, login or otherwise identify themselves, our Site server does not have access to personally identifiable information about you. It does not know your email unless you volunteer it.
Security:
We employ every reasonable security measure possible to protect your personal information entered on our Site. While we strive to create a secure and reliable Site for our users, the confidentiality of any communication or material transmitted over the Internet cannot be 100% guaranteed. Users should keep in mind that any information submitted through an Internet transaction is potentially accessible to the public, and consequently, can be collected and used by others without their consent. Larkmead Vineyards is not responsible or liable for illegal interception of personal data via any Internet transaction. When we collect and transmit sensitive data such as your credit card number and billing address, we encrypt it using secure socket layer technology (SSL). No transmission of information is guaranteed to be completely secure. Unauthorized entry or use, hardware or software failure, and other factors may compromise data security. You acknowledge and agree to assume this risk when communicating with us via the Site.
Reviewing and Changing Your Information:
You may view, update or change information related to your account at any time. Visit the Login page on the Site and enter your account using your email address and password. Additionally, you may contact the winery directly by emailing info@larkmead.com or calling (707) 942-0167 so that we can help you update your account.
Not Directed to Individuals Under Legal Drinking Age:
Our Site is not intended for people under the legal drinking age of 21. We do not seek or knowingly collect any personal information from or about individuals under the age of 21. If we become aware that we have unknowingly collected personal information from an individual under the legal drinking age, we will make commercially reasonable efforts to delete such information from our database.
Updates to this Policy:
The terms of this Privacy Policy may change. We will notify you of any material changes to this Privacy Policy by changing the "Last Modified" date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of this Site following the posting of changes to this Privacy Policy will mean you accept those changes.
Governing Law:
This Privacy Policy and our privacy practices will be subject exclusively to the laws of the State of California within the United States of America. We make no representation that this Privacy Policy and such practices comply with the laws of any other country. Visitors who use this Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer and use of your information outside your country.
Contact Us:
Any questions you may have regarding our Privacy Policy should be directed via email to info@larkmead.com. You can also call us at (707) 942-0167 or write us at 1100 Larkmead Lane, Calistoga, CA 94515.