Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
We provide this Site on “as is” basis. We cannot guarantee, for example, that it will always be available for you to visit/use in the current format, or that the software downloaded from the Site will be compatible with your equipment or free from viruses or other defects, or all materials will be accurate or complete.
These Terms are effective as of April 1, 2019. We may amend these Terms from time to time. We will post changes to these Terms on this Site, so you can access them at any time.
Membership
- Mila Family Vineyards members and the person signing for the delivery must be at least 21 years of age.
- Membership in the wine club is for one year and includes two shipments. After one year, membership continues on a per-shipment basis until we are otherwise notified. Should you choose to cancel your membership prior to one year, you may purchase the remaining scheduled shipment(s) for your membership level, or all discounts received will be considered null and your credit card will be charged for the savings you received on any preferred pricing given.
- The primary credit card on file will be charged at least one week before the wine is shipped. Payments are powered and secured by Stripe. Your security is important to us. All credit cards are securely stored at Stripe, our payment processor, using application level Advanced Encryptions Standard (AES) 256-bit encryption (bank-grade security) over secure HTTPS connections. None of our internal servers are able to obtain plaintext card numbers.
- Wine will be sent after receipt of successful payment.
- Changes to any club shipment; including shipping address, payment details or wine selections, must be sent in writing via email to info@milafamilyvineyards.com one week prior to the processing of your next club shipment. Changes or cancellations made after club processing may be subject to extra charges.
- Extra charges incurred for redirected or returned wine shipments are the responsibility of the customer and charges will be applied to your credit card on file.
- The laws governing direct-to-consumer shipments are different in every state and these regulations limit where we are able to ship wine and how much residents may receive. These laws may affect your wine shipments and subsequent wine purchases. Mila Family Vineyards is committed to direct-to-consumer shipping compliance and will operate according to the law. We will make every attempt to accommodate all orders and let you know if an order conflict arises so we may attempt to work out another shipping arrangement.
- Any faulty or damaged wine will be replaced with the current vintage and shipped with our compliments.
Legal Drinking Age
To use our Site you must be of legal drinking age in your state or country, if you are not, please exit this Site immediately. If you are of legal age, our products should be enjoyed and consumed only in moderation.
Liability
To the fullest extent possible at law we exclude all liability for any loss or damage (including direct, indirect, economic or consequential loss or damage) suffered by you as a result of any visit to or use of this Site or of any materials provided on it or downloaded from it, as well as your inability to use this Site or any error in the provision of this Site, any computer virus or other executable code that you may download, and any other defect that is transmitted through this Site, whether such loss or damage arises from our negligence or otherwise, and even if we are expressly informed of the possibility of such loss or damage.
Email Communication – Termination
When you use our Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If at any time you no longer wish to receive such mailings from us, you may unsubscribe sending an e-mail with the subject REMOVE to info@milafamilyvineyards.com. Please provide us with your exact name and address. We will be sure your name is removed from our lists for such purposes.
Copyright
All content included in or made available through this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and date compilations is the property of Mila Family Vineyards or its content suppliers and protected by United States and international copyright laws.
Trademarks
Trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Site are trademarks or trade dress of Mila Family Vineyards in the U.S. and other countries. All other trademarks not owned by Mila Family Vineyards that appear in this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mila Family Vineyards.
Links to Other Sites
During your visit to our Site, you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access information, websites, advertisements, features offered by other parties. Mila Family Vineyards is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
Law and Jurisdiction
These Terms and any matter relating to this Site (including but not limited to our Privacy Policy) will be governed in accordance with the laws of the State of California, United States (but without applying California choice of law rules) and the courts of California (both state and federal, as appropriate in the circumstances) shall have exclusive jurisdiction in respect of any dispute or controversy involving your use of this Site.
Shipping and Returns
You must be 21 years or older to buy wine. By placing your order with Mila Family Vineyards, you certify under penalty of perjury that you and the recipient are at least 21 years old. When the wine is delivered, the recipient will be required to show identification proving that he or she is at least 21 years old. No shipments will be left without an adult signature, so we strongly suggest shipping to a business address. We cannot ship to a U.S. Postal Service Box.
Customers are responsible for additional shipping costs due to missed deliveries and shipment address changes.
By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to your selected destination.
Current regulations prevent us from shipping to addresses in the following states: AL (exception: shipments sent to licensed ABC Stores), DE, MS, NH, UT and VT.
Wine is a perishable commodity. It is intolerant of temperature extremes: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Mila Family Vineyards makes every effort to ensure a safe delivery of your wine to your home or business. Mila Family Vineyards is not responsible for, and will not replace, wine that is damaged by extreme weather conditions during shipment. When the common carrier takes possession of your wine order, responsibility for the wine transfers to the purchaser.
Your satisfaction is very important to us. We will replace or refund any bottle of wine that is damaged, flawed or that the customer finds unsatisfactory. Please notify us at info@milafamilyvineyards.com within six months of purchase. We ask that the customer return the unfinished portion of the original bottle for replacement. After six months from the date of purchase wine cannot be returned. Shipping charges for returns and replacements are the responsibility of the purchaser. By law, we cannot accept returns of alcoholic beverages unless the product is corked or flawed. Therefore, we are unable to accept return of wine that is ordered in error. Mila Family Vineyards will not accept claims from individuals who purchased or received wine from a third party. Furthermore, any bottle acquired form a vintage that is older than 10 years from the year of purchase cannot be returned for any reason and the purchaser assumes all risk.
A 20% restocking fee in addition to the original shipping charges will apply to all canceled orders that shipped and have been returned.
Once the wine to be refunded is received, Mila Family Vineyards will refund your credit card account for the cost of the wine, less shipping charges. A 20% restocking fee in addition to the original shipping charges will apply to all canceled orders that shipped and have been returned.
Refunds will be applied to the credit card used at the time of purchase. Please allow 1-2 billing cycles for the refund credit to appear on your statement.
Personal Information
During your visit to our Site, we will only collect personal information that you choose to provide. We will collect from you general contact information such as name and e-mail address and phone numbers. We may disclose this information to our corporate affiliates, agents, website operators, as well as law enforcement authorities.
We may also use your information to enhance your visit to our Site and to create a general demographic profile of visitors. However, once your session ends (approximately 20 minutes after leaving the Site or upon closing all instances of your web browser), the date will only be used in a collated form and we will not be able to identify you personally from such data.
We may use “cookies” to help us recognize you on any return visits you make to our Site and to make any registration or other procedures easier for you. Cookies are small pieces of information, which will be stored by your browser on your computer’s hard drive. The cookies used by us will not give us any personal details about you.
Review and Correction of Information
If you are concerned that the personal information we keep about you is incorrect, please contact us at info@milafamilyvineyards.com and we will update or remove it accordingly. We may continue to retain your information due to technical and legal requirements, constraints related to security, integrity and operation of our Site or to resolve disputes.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Mila Family Vineyard or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Mila Family Vineyards does not and cannot review all communications and materials posted to or created by users accessing the Site, 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 site, Mila Family Vineyards 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 site. However, Mila Family Vineyards 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 Mila Family Vineyards in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Mila Family Vineyards, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all 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 Site using your internet account.
Questions and Feedback
We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our privacy policy.