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TERMS & CONDITIONS & PRIVACY POLICY

This site is created and maintained by La Pelle Wines. Your use of this site indicates your agreement with these terms and conditions and privacy policies. If you do not agree with any of these terms and conditions or policies, do not access or otherwise use this website or any information or materials contained on this site. All rights reserved.

PRIVACY AND SECURITY

Personal and credit card information you provide will never be shared with or sold to a third party. We do, however, store and share your information with our vendors, such as fulfillment services, mailing house, and email marketing providers. If you wish to be removed from the mailing list, please contact info@lapellewines.com or click the UNSUBSCRIBE link found in mailing list email communications. Orders are processed via encryption using Secure Socket Layer (SSL) technology. La Pelle Wines is the sole owner of the information collected on this site. We make every effort to ensure that any data that we store about you is kept secure. We encrypt all of our online ordering information including your name, address, and credit card numbers, to protect your billing information as it travels through the purchase system. In addition, all credit card transactions are verified and processed by a third-party financial institution that receives credit card numbers and other personal identifying information in an encrypted format. We take appropriate security measures to protect user data offline as well. Although we use our best efforts to protect the security of your information and our system, no security measures can be guaranteed to be 100% secure. You assume that risk by using the site. La Pelle Wines maintains the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website. This website may contain links to other websites. La Pelle Wines is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each site that collects personally identifiable information. This privacy statement applies solely to information collected by this website. La Pelle Wines reserves the right to modify this privacy statement at any time, with or without notice to its customers.

COOKIES

Our Site uses ‘cookies’ which speed navigation, keep track of items, and provide you with custom-tailored content. We also use cookies to remember some of the information you've given us so you don’t have to reenter it each time you visit the site. Most browsers are initially set to accept cookies. You may manage how your browser handles cookies and related technologies by adjusting your browser's security and privacy settings. If you block or delete cookies, you may not be able to use particular features of the Site or to take full advantage of features offered on the Site.

DO NOT TRACK SIGNALS

Some browsers have incorporated “do not track” features to enable users to make privacy and security choices. By using these settings, your browser may send a signal to our website not to collect tracking information. La Pelle Wines does not track information from users through cookies if a “do not track” signal is received.

TERMS OF USE & RESTRICTIONS

State laws require that alcoholic beverages may only be purchased and shipped to persons at least 21 years of age. By placing your order, you represent that you are at least 21 years of age and that someone at least 21 years of age is available to show identification, sign for, and receive your wine shipment. Wine offered on this website is sold for personal consumption and not for resale. Please note that we do not knowingly collect personal information from individuals under 21, nor do we direct any of our content to individuals under 21. If we learn that we collected the personal information of a minor, we will take steps to delete the information as soon as possible. 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. By using this site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. La Pelle Wines reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You are responsible for compliance with applicable local laws, keeping in mind that access to the La Pelle Wines 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 La Pelle Wines 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 La Pelle Wines in writing. These Terms and Conditions & Privacy Policy will inure to the benefit of La Pelle Wines, its successors, assigns, and licensors. Our website is created and maintained by La Pelle Wines in the State of California, USA. Please be advised that the laws of the State of California and controlling United States federal laws govern these disclaimers, terms, and conditions without giving effect to any principles of choice or conflicts of law provisions of any jurisdiction. 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 Site. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time. The La Pelle Wines logo design, trademarks, icons and custom graphics are protected by La Pelle Wines. By using this Site, you acknowledge that the content, images and products available on and through this Site (collectively, “Content”) are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. This material includes, but is not limited to, the design, layout, look, appearance and graphics. La Pelle Wines grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of La Pelle Wines. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of La Pelle Wines. Any unauthorized use terminates the permission or license granted by La Pelle Wines. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of La Pelle Wines so long as the link does not portray La Pelle Wines, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any La Pelle Wines logo, graphic, trademark or other proprietary information without express written permission. All other trademarks not owned by La Pelle Wines that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by La Pelle Wines. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. From time to time, this Site may also include links to other websites. These links are provided for your convenience to provide further information. We have no responsibility for the content of the linked website(s). Despite our best efforts, errors can and do occur and we sincerely apologize in advance for inaccuracies relating to product descriptions, pricing, and availability. Please understand that we reserve the right to correct errors and omissions without prior notice and to cancel any offered product or service in the event of an error or omission. 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.

SHIPPING

You, as buyer, are solely responsible for shipment of alcoholic beverages. All alcoholic beverages are sold in California and title passes to the buyer in California. By placing an order, you authorize La Pelle Wines to act on your behalf to engage a common carrier to ship your order to you. La Pelle Wines makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California. Due to the restrictions of many state laws, we only ship wine to those states where we are permitted for direct shipment by law. Due to ever changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. We will arrange for shipment to you in accordance herewith, to an address specified by you, provided that in our sole discretion we believe that such shipment will not subject us to the risk of any sort of legal action or other harm. If you live in a state where we are not permitted to directly ship wine, you should select the WILL-CALL or PICK-UP option from the shipping options menu. We will contact you to discuss shipping options, which 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. Orders are shipped, weather permitting. Business addresses are preferable. An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult aged 21 years of age or older will be present and available to sign for your shipment. La Pelle Wines will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.

RETURNS

If you are dissatisfied with your order for any reason, please contact us. All returns are handled on an individual basis.

DISCLAIMER OF WARRANTIES

ALTHOUGH LA PELLE WINES ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE LA PELLE WINES SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE LA PELLE WINES SITE. LA PELLE WINES DOES NOT WARRANT THAT YOUR USE OF THE LA PELLE WINES SITE, OR THE OPERATION OR FUNCTION OF THE LA PELLE 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 LA PELLE 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. LA PELLE WINES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE LA PELLE WINES SITE. THE LA PELLE 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 LA PELLE 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 LA PELLE WINES SITE, THE USE OR PERFORMANCE OF THE LA PELLE WINES SITE, THE DELAY OR INABILITY TO USE THE LA PELLE WINES SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LA PELLE WINES SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LA PELLE WINES SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LA PELLE WINES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LA PELLE WINES SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LA PELLE WINES SITE.   GOVERNMENT WARNING: (1) ACCORDING TO THE SURGEON GENERAL WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFFECTS. (2) CONSUMPTION OF ALCOHOLIC BEVERAGES IMPAIRS YOUR ABILITY TO DRIVE A CAR OR OPERATE MACHINERY, AND MAY CAUSE HEALTH PROBLEMS. NOTICE REQUIRED UNDER CA. PROP.65. WARNING: This product can expose you to chemicals including Bisphenol A (BPA), which are known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov. If you do not agree with these conditions of use, please do not use this site.

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