Please read the following carefully
By clicking on the Membership Application you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them.
If you have any questions with respect to these Terms, please contact email us at info@LodgeWinery.com Your acceptance of these Terms creates a binding contract governing the terms of your membership in the The Lodge Winery’s Wine Club (the “Club”) and no other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms instituted by The Lodge Winery as in accordance with these Terms.
1. Minimum Quantity Requirement; By becoming a wine club member of The Lodge Winery & Olive Oil Co., members agree to purchase a minimum of 3 cases, (36 bottles), of wine per year in 12 bottles or more increments per order. Members understand that if the minimum commitment of being a member is not fulfilled within 1 year of joining, the member's credit card on file will be charged the remaining balance to complete the minimum required 3 case (36 bottles) commitment at the lowest listed wine price.
2. Membership Benefits; Accounts subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members are entitled to receive the stated discount(s) pursuant to the membership, plus any additional Club member benefits as provided from time to time by The Lodge Winery. Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Wine Club membership, and accounts under the same name and address will automatically be combined. Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, benefits and communications may be based on geographic location, Club participation, information supplied by the member or the volume or type of purchases made by a member. You must present your Lodge Winery Wine Club membership code or password with every transaction in order to assure accurate tracking of your membership benefits. In order to be eligible for membership benefits your account must be open and in good standing. Abuse of Club membership, (for example, by failing to follow the Terms, allowing others to use your membership number or other improper conduct as determined by The Lodge Winery in its sole discretion), may result in termination of your membership and disqualify you from future Club participation. In the event of any issues or discrepancies regarding membership benefits, The Lodge Winery Member Services must be notified within 90 days of your original transaction by contacting us via email at info@LodgeWinery.com.
3. Monthly Wine Availability; All Club members acknowledge that wines provided to Club members may be limited in quantities and may not always be available at the time of your pick-up or delivery, especially in the event that you do not pick up your wine in the month for which such wine was offered.
4. Fees; Any and all fees related to Club memberships, such as shipping charges and other related charges, are automatically billed to your credit card at the time of purchase, before the order is shipped. All fees charged are non-refundable except as expressly set forth in these Terms.
5. Limitations; Legal Compliance; Member discounts and benefits are not valid with other special offers or discounts offered unless specifically specified by The Lodge Winery. Member benefits are non-transferable. All goods, services and benefits provided by The Lodge Winery, including wines, are only provided and/or shipped to such states in which The Lodge Winery is licensed to provide such goods, services and benefits. The Lodge Winery is not engaged in the shipping of wines or other products into, or from, any state, country or other jurisdiction where it is not so licensed. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not, and will not, violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. If any product is requested to be provided in or shipped to any state where The Lodge Winery is not appropriately licensed, The Lodge Winery can refuse such shipment. Wines will be provided, or delivered, only to persons who are at least 21 years of age or older. In joining the Club, you represent to The Lodge Winery that you are at least 21 years old and the person to whom delivery of any wine will be made. When your wine is picked up or delivered, the person receiving the product will be required to show identification proving that he or she is at least 21 years old. The Lodge Winery has the right to terminate or suspend the Club, or your membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.
6. Damage During Shipment; If you have selected the option of shipment of your wine to you, there is no available return or exchange for shipped wines except as set forth in this paragraph. Wine is a delicate and perishable commodity, and if your wine is being shipped, conditions outside of the control of The Lodge Winery may adversely affect the wine during shipment. If your wine, at the time of delivery, is received damaged, spoiled or otherwise defective, you may contact us regarding the damage and The Lodge Winery may, in its discretion and based on the particular conditions of each such circumstance, send a replacement in exchange, which is your sole and exclusive remedy for damaged or defective product. The Lodge Winery will not refund shipping charges, and additional shipping and other charges will apply to deliveries to you that are returned as undeliverable or refused.
7. Unavoidable Delay; In the event of any circumstances outside of the control of The Lodge Winery and which prevent, hinder or delay The Lodge Winery from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping, The Lodge Winery’s obligations will be suspended for the term of such event or The Lodge Winery may elect to cancel the Club or Club membership for the affected members.
8. Changes in Shipping - Changes in Law; Shipping costs (if any) will vary by state and location and may be changed by The Lodge Winery from time to time. In addition, due to the ever-changing nature of alcohol and other wine related laws, we may, from time to time, be advised that we are not able to complete delivery of a wine or ship wine to you. If we are unable to ship your wine to you, you may cancel your membership in accordance with Section 4, above, and you will receive a refund of any fees paid for wine that we are not able to ship to you based on such a change in laws. In addition to changes in shipping charges, taxes and other related charges may change or may vary between states and locations, and retail wine prices and discounts will differ and vary from those related to wines provided by way of Club membership. Sales tax may also vary and The Lodge Winery collects sales tax as required by various local and state taxing authorities.
9. Disclaimer; YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY THE LODGE WINERY AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE LODGE WINERY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE LODGE WINERY WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM, OR RELATED TO, YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE LODGE WINERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By joining the Club, you agree to defend, indemnify, and hold harmless The Lodge Winery and its affiliates, and their respective owners, officers, directors, employees, representatives and agents, from and against any and all losses, claims, damages, costs and expenses related to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership.
10. Personal Information; The Lodge Winery requires certain personal information from you to verify and administer your Club membership, and you agree that you have freely provided that information. Any personally identifying information you provide to The Lodge Winery or affiliated companies may be used for our internal business and for account management, customer service and related purposes; however, your personally identifying information will not be shared, sold, licensed or disclosed to any parties other than The Lodge Winery’s affiliates. You authorize The Lodge Winery to send you marketing communications and special offers as part of your membership benefits. Notwithstanding any other statements or representations contained here or elsewhere, The Lodge Winery reserves its right to disclose any information in its possession if it is required to do so by law or legal process, or if it believes, in good faith, that such a disclosure is necessary to comply with law or legal process, to defend its rights or to respond to an emergency situation. If you are concerned about the information you have provided to The Lodge Winery, or have any questions regarding the retention of that information, please contact Member Services by email at info@LodgeWinery.com. The Lodge Winery will make reasonable efforts to resolve any concerns.
11. Governing Law - Venue; These Terms are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Napa County, California with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
12. Miscellaneous; If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and The Lodge Winery with respect to your membership in the Club and the goods, services and benefits provided by The Lodge winery and related to the Club.
13. Change in Terms; These Terms shall remain in full force and effect while you are a member of the Club, and only The Lodge Winery may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. The Lodge Winery may make any such changes at any time, with or without notice. Provided, however, that any revision shall not apply to disputes of which The Lodge Winery had notice on, or before, the date the change or revision is instituted.