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Carlisle Winery Terms of Use

Last updated: October 6, 2021

Welcome to Our Website, owned by Carlisle Winery and Vineyards (“Carlisle Winery,” “we,” or “us”). By using Our Website you agree to be bound by these Terms of Use as well as any other disclaimers or limitations made available to you on Our Website. We may refer to these collectively as your “Agreement” with us. 

Acceptance of Terms of Use 

Your use of Our Website and services signifies your acceptance of the Agreement, including, without limitation, all the Terms of Use. If you do not agree with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, you must not access or use Our Website. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Use at any time. Your continued use of Our Website following the effective date of any updates to the Agreement, will constitute your acceptance of those changes and agreement to comply with all the current Terms of Use of the Agreement.

Any questions or concerns about our specific terms, should be directed to Privacy@TheAtomGroup.com

User Obligations

While using Our Website you agree to refrain from the following: 

  • Intentionally, knowingly, or in any way violating any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other Countries).

  • Misrepresenting or attempting to deceive us as to your identity or the identity of anyone else.

  • Exceed authorized access or use the Website in a manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including but not limited to, their ability to engage in real time activities through the Website.

  • Linking to the Website without express written permission from us.

Intended Audience 

This Website is for your use only if you are 21 years of age or older or otherwise over the legal drinking age in your country of residence. It is not intended to be used by any person under the legal age to purchase, possess, or consume alcoholic beverages within the country, state, province, or other municipality of the user’s residence. If you are not of legal age, please leave the Website immediately. By your continued use of Our Website you represent and warrant that you are of legal age as defined above and meet all eligibility requirements. In the event that you continue to use the Website and do not meet the age requirements and eligibility required to do so you agree to indemnify us and/or reimburse us and be responsible for all costs, damages, and expenses, including legal fees, we suffer or incur as a result of your use of Our Website. 

Sale of Alcoholic Beverages 

Carlisle Winery does not sell alcohol to any person under the age of 21. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and you may be prosecuted to the full extent allowable by law. You additionally agree that all alcohol purchased through us is for personal use only and not for resale. 

Ownership of Alcoholic Beverages 

Ownership of any and all alcoholic beverages purchased through Our Website passes from us to you, the purchaser, at the time the order is delivered to the fulfillment company for shipping. By requesting shipping through us, you are warranting that you are acting in compliance with the laws and regulations of your state and municipality, as well as any other requirements of your area of residence pertaining to purchase, shipping, transportation, delivery, and possession of alcoholic beverages.  By requesting shipping, you are affirming that you and the intended recipient are 21 years of age or older, have obtained any permissions and paid any fees that may be required, are working through properly licensed intermediaries where required by law, and that you and the intended recipient are legally entitled to receive and possess alcoholic beverages in the quantity ordered. 

Links

Links to third party websites or resources are provided solely for your convenience. By utilizing Our Website, you acknowledge and agree that we are not responsible or liable for their availability, accuracy, content, advertising, goods, or services provided on or made available through such links. The inclusion of any link on our site does not imply our endorsement or imply that we have verified, reviewed, or monitored the link or the site reached through the link. Accessing these links will take you away from Our Website, our Terms of Use and Privacy Policy do not apply to any website you reach by using these links or otherwise leaving Our Website. 

Copyright Notice 

This Website and its entire contents, including but not limited to: all text, graphics, logos, icons, images, displays, videos, audio clips and software on the site are copyrighted materials owned by or licensed to us and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term “Content” will be used and mean to include these as well. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without authorization in writing by an officer of Carlisle Winery. These Terms of Use permit you to use this Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of Our Website without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.

Notices

“Communication” is defined as: any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of Our Website, including but not limited to information that we are required by law to provide to you in writing. Any and all necessary Communications will be provided to you on Our Website. You authorize us to send any Communications and all changes to such Communications electronically. It is your sole responsibility to provide at your own expense a device that is internet connected and compatible with the minimum requirements for our Website. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services. If you wish to retain a copy of any Communications, it is your sole responsibility to do so. 

You can also contact us by emailing Privacy@TheAtomGroup.com to withdraw your consent to receive any future Communications electronically. If you withdraw your consent, we will immediately terminate your use of the site and the services provided through the site.

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the Terms of Use on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

Disclaimer of Warranties 

Your use of Our Website is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of Our Website. We cannot and do not warranty that Our Website or any and all files downloaded from Our Website will be free of viruses, other destructive code, or harmful elements. You are responsible for implementing sufficient procedures to safeguard your personal data and electronics.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or any other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Our Website or any services or items obtained through Our Website or to your downloading of any material posted on our Website or any website linked to it. 

Limitation of Liability

OUR SITE AND THE CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” 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. IN NO EVENT SHALL CARLISLE WINERY OR OUR OFFICERS, DIRECTORS, PARTNERS, OWNERS, AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, CLAIM, OR LOSS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PORFIRS, OR GOODWILL RESULTING FROM LOST, DAMAGED, OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES, IRRESPECTIVE OF WHETHER WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SAID DAMAGES.  

If you are dissatisfied with any portion of Our Website, Terms of Use, this Agreement, of your transaction(s) with us, your sole and exclusive remedy is to discontinue your use of Our Website. This exclusive and sole remedy is separate and independent of any other provision(s) that limits our liability of your remedies under this Agreement. 

Indemnity

You agree to defend, indemnify, and hold harmless Carlisle Winery, its affiliates, employees, officers, service providers, licensors, and agents from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses, including attorneys’ fees, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Carlisle Winery Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: any content you post or upload on the site; your use of the site and your activities in connection with the site; your breach or alleged breach of these Terms or any Additional Terms; your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; any misrepresentation made by you; and Carlisle Winery Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Carlisle Winery Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Carlisle Winery Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Carlisle Winery Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Carlisle Winery Party.

Privacy Policy 

Your use of our Web site is also subject to our Privacy Policy which can be found at www.carlislewinery.com/privacy-policy and is incorporated herein by reference. 

Errors on Our Website

Prices and availability of both products and services are subject to change at any time, without notice. Errors will be corrected as soon as possible when discovered. We have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit card account in the amount of the charge. 

Mobile

Should you choose to access Our Website, place an order, or engage with us in any way via a mobile device, standard messaging, data, and other fees may be charged by your carrier. If you have questions or concerns about these fees, please contact your carrier directly as we have no information or control over this. Any fees incurred as a result of engaging with Our Website via a mobile device are solely your responsibility. 

Termination 

Carlisle Winery may terminate your account with or without cause at any time effective immediately in our sole discretion. You are personally responsible for any orders placed through your account or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue any or all aspects of the Our Website at any time without prior notice.

General Provisions 

By using this Website, you agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on our Websites, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our Website may not be legal for certain individuals or in certain countries, territories, or municipalities. If we opt to forgo exercising some right or enforcing some provision at any particular time, that does not mean that we have waived that or any other right in any way. 

If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Use, along with our Privacy Policy and any other terms, conditions, or provisions specifically referred to herein, comprise the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions, or agreements, if any, between the parties with respect to same. These Terms of Use, as well as our Agreement with you, is personal to you and you may not transfer, assign, or delegate any or all to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms of Use will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Use and our Agreement with you. You agree to submit to the personal jurisdiction of the courts located in Sonoma County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Use, Privacy Policy, our Agreement with you and/or your use of Our Website.

Validating Your Order 

Once an order is placed using Our Website, we will check the information you have provided for validity and compliance with state laws and regulations, by verifying your method of payment and/or shipping address. Carlisle Winery reserves the right to reject any order placed with us, and/or to limit quantities on any order, without providing any reason. If your order is rejected, we will attempt to notify you using the e-mail address you have provided to us when the order was placed. If we reject an order and a charge has already been made to your credit card, we will process a refund. 

Your receipt of a confirmation, electronic or otherwise, does not signify our acceptance of your order, nor does it constitute a confirmation of our offer to sell.  We reserve the right at any time after the receipt of your order to accept or decline for any reason. 

AT THIS TIME WE ARE UNABLE TO SHIP TO THE FOLLOWING STATES: Arkansas, Delaware, Hawaii, Kentucky, Mississippi, Nebraska, North Dakota, Rhode Island, South Dakota, Utah, Vermont, and West Virginia.  

Cancellation of Orders

Orders that are cancelled 21 days or more before shipping will be subject to a 15% restocking fee. The remaining amount will be refunded to the credit card originally used for the order. Orders that are cancelled less than 21 days prior to shipping are not refundable. 

Returns

Carlisle Winery will replace or refund the cost, at our discretion, of any bottle purchased directly from us that contains 2,4,6-trichloroanisole at or above sensory threshold. To initiate a return, please contact us within 30 days of opening the bottle in question and return the cork to Carlisle Winery, P.O. Box 556, Santa Rosa, CA 95492.  Any “corked” wine purchased through a third party must be returned to that party.

Delivery 

Carlisle Winery will have your order shipped via the carrier you chose at time of ordering.  Changes to your shipping address may be made at no cost up to 14 days prior to the ship date.  Within 14 days of shipping, changes to your shipping address will incur an $18 per package charge if the change has to be made through the carrier.  Changing your shipping address may result in additional taxes and shipping charges that we will charge to the credit card originally used on your order.  If the change results in a credit, we will issue that credit to your card.  

Your anticipated shipping date will be listed after each line item on your invoice.  If not, you will be notified by email of your expected ship date. On a pre-release order, you will be sent a shipping reminder.  On the date your order ships, you will be sent a tracking email.  It is solely your responsibility to track your shipment and ensure a successful delivery.  The law requires that a person 21 years of age or older be present and provide a signature at time of delivery.  Identification may be required.  Wine will not be delivered to any person who is visibly intoxicated or unable to produce, if asked, age verifying, government issued identification.

The carrier will attempt three deliveries.  If you miss each delivery, your order will be held at a local distribution center for pickup within five business days.  Orders not picked up will be returned to us by the carrier and you will be charged for the return and reship costs.

In the event that the carrier loses your order or damages it, you must notify us via our contact page within 30 days of the date your order shipped.  After 30 days, we cannot be responsible for lost or damaged shipments.