ALL RIGHTS RESERVED
All rights on the pages are reserved and owned by Tolenas Winery. Copyright 2020. Please use the CONTACT FORM if you have any questions or would like to know about gaining rights to anything on these pages.
DO NOT SELL MY INFO
Our company does not currently qualify as a “certain business” that requires compliance with the California Consumer Privacy Act (CCPA). However, we have chosen to comply regardless. This law is the most pro-consumer law in the country at this time and thus we feel that these standards more than meet the needs of any state. This policy does not, however, govern the terms of our relationship or constitute any representation or warranty.
RIGHT TO KNOW
Under the CCPA you are entitled to a “right to know” what information we collect on you.
When you visit our website, our statistics package from Google collects some basic information about your browser. Examples include what type of browser and operating system you are using, how long you remained on our site and what pages you looked at while here. This helps us understand how visitors browse our site, so that we can make their shopping experience better. We also collect personal information about you at various points, including your name and email address (and other information) from the mailing list sign-up form, and additional personal and financial information from the order forms that you complete during a purchase.
This website may contain links to other websites or third party service providers. Our company 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.
The information you provide to us on this website is only used to send you our offers, and to process and ship your order. We may also use this information to send you information regarding new features, services, service ads and special offers from us and/or our business partners that we think you’ll find valuable.
This information is harvested from a secure area and encrypted for our customers’ protection. We will not sell, share, or rent this information to others, except as otherwise disclosed in this statement. Although we use outside shipping companies to ship orders and a credit card processing company to bill users for goods and services, these companies do not retain, share, store or use personally identifiable information for any secondary purposes. We value your privacy, and will never release any account or personal information to any third party unless we are given explicit authority to do so by you, our customer.
Our company reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process served on our website.
Our company reserves the right to disclose your personally identifiable information to vendors of ours that assist with marketing, SEO, Ads or other services to deliver our products to you so long as vendors agree to the terms of these policies.
RIGHT TO DELETE
Under the CCPA you are entitled to a “right to delete” what information we store about you.
RIGHT TO OPT-OUT
Under the CCPA you are entitled to a “right to opt-out” sale of information we have about you. At this time, our company sells no information to any other party or third party and thus a consumer would not need to opt-out.
Our company reserves the right to modify this privacy statement at any time, with or without notice to its customers. However, should we ever decide to sell your information we will notify consumers first with the right to opt out.
If you would like to opt out now please use our CONTACT FORM and we will insure your information is never sold.
RIGHT TO NON-DISCRIMINATION
Under the CCPA you are entitled to a “right to non-discrimination” in terms of price or service when a consumer exercises a privacy right under CCPA. Our company does not discriminate its pricing or service for any consumer for any reason.
QUESTIONS
If you have any questions about this policy please contact us using our CONTACT FORM.
SHIPPING AND RETURNS
SHIPPING
For any questions please contact us by using our CONTACT FORM.
All packages are shipped using a third party shipper. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Expedited delivery options tend to be worth the added expense in order to protect your investment.
You will be notified by email when your wines are shipped. Generally, we will attempt to ship your wines shortly after your order is placed. However, in effort to protect your wine, please be aware that your order may be held for ideal weather and shipping conditions.
Due to ever changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. All wines are sold in California and title passes to the buyer in California. We will arrange for shipment on behalf of the buyer, to an address specified by the buyer, 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 a buyer lives in a state where the direct shipment of wine may violate the law, we will contact the buyer to discuss shipping options, which options 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.
RETURNS
All wines sold are maintained at optimum conditions. We consider wine to be out of our control once it has been handed over to the shipper and we cannot be responsible for improper storage after it has been delivered. Therefore, once your wine order has been picked up by the common carrier for delivery, the wine becomes your responsibility. We are not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. We also cannot accept returns for the following: wines that do not coincide with personal tastes, wines that have been adversely affected by customer storage, and wines that have been otherwise damaged as a result of any other adverse condition occurring while the wines were in your care.
If wine is shipped back with bottles un-opened, we will refund your credit card for the cost of the wine less shipping and handling once it is received. If the original shipment was damaged or flawed you will receive a full refund, including shipping and handling charges.
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 insure to the benefit of our company’s successors, vendors, 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 Sacramento 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.
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.