Terms of Use

The following terms of use (the "Shop Terms") contain the terms and conditions applicable to you and your access to and use of this website, Wine.AsEver.com, including the mobile version and any successor site(s), regardless of how accessed (collectively, the "Store"). The Store is operated by As ever (the “Winery”) in association with As Ever Enterprises, LLC (the “Company”) and/or one or more Affiliates (collectively with As Ever Enterprises, LLC, "Company Entities"). "Affiliates" includes entities under control of one or more of the persons or entities that own or controls As Ever Enterprises, LLC or in partnership with Company Entities. When used herein, the terms "we," "us" or "our" refers to the Winery.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of the Store agree that access to and use of the Store are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use the Store. The Winery may revise these Terms of Use by updating this post at any time. You are bound by any such revisions and should therefore periodically revisit this page.

This document comprises the entire agreement between Store operator, the Winery and authorized user ("user" or "you"), superseding any prior agreements between you and the Winery with respect to its subject matter. The Winery business address is located in Calistoga, California with a mailing address at 548 Market Street #59205, San Francisco, California 94503, United States.

You represent and warrant that you are at least the age of twenty-one (21) in your jurisdiction, and that you have the legal capacity to enter into this agreement.

Alcohol Consumption, Shipping and Legal Compliance

Wine purchased on this website is for personal consumption only for individuals twenty-one (21) years of age or older and not for resale. The Winery and the Company Entities promote responsible and moderate consumption of alcohol and do not promote or condone over consumption of alcohol or unlawfully drinking alcohol under the age of twenty-one (21) years of age. We also advise you of potential health risks with the consumption of alcohol and encourage your review of the government warnings on wine labels before and/or consult your medical professional before consumption.

Being compliant with state laws, we currently only ship wine to the following 45 states: Arkansas, Arizona, California, Connecticut, Colorado, District of Columbia, Florida, Georgia, Hawaii (2 counties), Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

We do not ship wine to the following states: Alabama, Alaska, Delaware, Mississippi, Rhode Island and Utah at this time. In Hawaii, shipping is only available to the counties of Hawaii and Kauai. We also do not ship wine internationally currently.

Certain state jurisdictions limit the amount of wine that can be shipped to a specific address during a specific time period. The Winery reserves the right to prohibit, cancel and/or refund orders containing wine that do not comply with these state regulations.

We strongly suggest shipping your order to a business address or selecting a participating retailer for pickup. Entering your shipping address or selecting other options are available at checkout. State law, as well as FedEx policy, requires an adult signature (at least 21 years of age) at the time of delivery for every package containing wine. It is the shipping carrier’s responsibility to ensure an adult is available to sign for the shipment at delivery. Shipments will not be delivered under certain circumstances by shipping carrier. This includes, but is not limited to, whether the recipient is not 21 years of age or older or does not have an acceptable form of ID such as a driver's license, passport or birth certificate or if the recipient shows signs of intoxication.

Wine is sensitive to the temperature variances that can occur during certain seasonal times of the year, and most impactful when temperatures are above 85°F. We may, at times, contact customers to consult on overnight shipping or place a hold on your shipment to ensure the integrity of the wine when delivered, but this may not occur. We encourage you to ship your order of wine with Priority Overnight service if you live in an area that experiences seasonal temperatures greater than 85°F. You will receive an email confirmation and tracking number when your order has shipped. The Winery is not responsible for weather-related temperature damage and/or any other damage cause during the shipping and fulfillment process by third party carriers. Please do not order if you feel that the product will be damaged due to weather or temperature reasons. Please email Info@AsEver.com for specific shipping questions.

Returns cannot be accepted at this time. Thank you for understanding.

Copyright

The entire content included in this Store, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of the Winery or used with permission. Permission is granted to electronically copy and print hard copy portions of this Store for the sole purpose of placing an order with the Winery or purchasing items made available on the Store by the Winery. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Store is strictly prohibited, unless authorized by Store operator or the Winery. You further agree not to change or delete any proprietary notices from materials downloaded from the Store.

Trademarks

All trademarks, service marks and trade names used on or in connection with the Store are owned by Store operator, the Winery or used with permission.

Text Message Program Terms

BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE LIMITATION OF LIABILITY PROVISION OF THIS AGREEMENT, AS WELL AS THE REST OF THE TERMS HEREIN.

We may offer you mobile alerts regarding promotional events and discounts, new product releases, cart reminders, special offers, loyalty program alerts, and order alerts by SMS message (each a “Text Message Program”). By participating in a Text Message Program, you acknowledge your personal information is subject to the Privacy Notice

Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to this Agreement. You may not enroll if you are under twenty-one (21) years old or if you do not agree to the terms of this Agreement. We reserve the right to stop offering the Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice.

By opting into a Text Message Program, you:

Authorize us to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt into a Text Message Program.
Consent to the use of an electronic record to document your opt-in.

While you consent to receive messages sent using automated technology, this Agreement shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).

Message frequency may vary, and you may receive alerts about (i) marketing, offers, and coupon programs; (ii) promotional events or discounts and new product releases; (iii) cart reminders; (iv) informational services or alerts; (v) order tracking and delivery alerts; (vi) loyalty program alerts; and (vii) on-demand text message reply services.

You may opt out of receiving text messages from us at any time by texting “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” to any of the text messages you have received from us. For a Text Message Program operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification.

You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword commands and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword commands. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, is not a reasonable means of opting out.

If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. This Agreement will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.

If you need assistance at any time, or you forget what keywords are supported, text “HELP” to the number sending the text message you received.

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.

If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of this Agreement. To notify us or find out more information on our text message marketing programs, contact us at the contact information provided in our Privacy Notice . Our Privacy Notice applies to text message marketing programs.

Warranty Disclaimer

This Store and the materials and products on this Store are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Winery disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement. Wine purchased from this Store may be substituted for the newest or latest vintage. There are no refunds for the purchase of alcohol once the order is shipped. If you decide to cancel the order, ideally you should contact us within two hours of placing the order. If we are able to stop shipping or for any other reason that may arise, we will issue a refund. Title to all products intended for shipment passes to the customer when the goods are picked up by the common carrier. The Winery does not represent or warrant that the functions contained in the Store will be uninterrupted or error-free, that defects will be corrected, or that this Store or the server that makes the Store available are free of viruses or other harmful components. The Winery does not make any warranties or representations regarding the use of the materials in this Store in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitation may not apply to you. The Winery reserves the right to restrict or terminate your access to the Store or any feature of the Store or part thereof at any time.

Limitation of Liability

Neither Winery or any Company Entities shall be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Store or the performance of the products, even if Winery or the Company Entities have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a product offered on the Store is mistakenly listed at an incorrect price, the Winery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Winery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Winery shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the Store and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by the Winery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

The Winery may deliver notices to you by means of e-mail, a general notice on the Store, or by other reliable method to the address you have provided to the Winery.

Miscellaneous

Your use of the Store shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any legal proceedings directly or indirectly arising out of or relating to the Store (including but not limited to the purchase of products made available on the Store) shall be in the state or federal courts located in the State of California. Any cause of action or claim you may have with respect to the Store (including but not limited to the purchase of products made available on the Store) must commence within one (1) year after the claim or cause of action arises. The Winery's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Winery may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of the Store

Harassment in any manner or form on the Store, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an employee of the Winery or other licensed employee, host, or representative, as well as other users or visitors on the Store is prohibited. You may not upload to, distribute, or otherwise publish through the Store any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Store or use the Store to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

The Winery does not and cannot review all communications and materials posted to or created by users accessing the Store and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Store, the Winery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Store. However, the Winery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to the Winery in its sole discretion. Notwithstanding anything to the contrary contained herein, no provision of these Shop Terms shall apply to waive your right to make any statement regarding the Winery or its employees or agents or concerning Winery’s goods or services.

Certain areas of the Store may allow you to create an account. It is your responsibility to maintain the confidentiality of your login credentials and your account. Additionally, you are responsible for any and all activities that occur under your account, including all transactions and other activities undertaken. The Winery is not responsible for any loss that you may incur as a result of someone else using your password or account.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Winery, all Company Entities and all of their respective officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all actual or alleged claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Store using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, the Winery may link to sites operated by third parties. However, even if the third party is affiliated with the Winery, the Winery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Winery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Winery seeks to protect the integrity of the Store and the links placed upon it and therefore requests any feedback on not only the Store but for all sites it links to as well (including if a specific link does not work).