GEMSTONE VINEYARD POLICIES, TERMS AND CONDITIONS

CUSTOMER SERVICE:   

If you have questions about an order you have recently placed, or need help with anything, please call our office at (707) 944-0944 or send an email to info@gemstonevineyard.com.

SHIPPING: 

State alcohol regulations require all wine shipments to be signed for by an adult over 21 years of age upon delivery.  At checkout, please select a shipping date that will ensure an adult is present when the wine is delivered.  If nobody over 21 years of age is able to sign for the delivery it is against federal law for the carrier to leave the package.   Most carriers will attempt to deliver your wine three times before the package is returned to us.  Gemstone Vineyard is not liable for damage that is the result of a missed delivery attempt.  Please read about our various delivery methods available to you below.

To ensure Gemstone wines arrive in the best condition possible, we only ship wines on Monday and Tuesday to avoid long delays over weekends. Please plan accordingly if you are sending your wine purchase as a gift or have a specific delivery window required.  Please call us if you have special shipping instructions at (707) 944-0944.

We offer a choice of carriers for most shipping locations.  At checkout, you will have the option to choose from various UPS and FedEx services. Shipping charges include the cost of packaging materials.  Please keep in mind that wine is perishable and can be damaged by heat in transit.  Throughout the year, we change the shipping options available to our customers to reduce the chance of heat damage.  We always recommend selecting the service that minimizes the time your wine will be exposed to the elements.  

Temperature Controlled Delivery Option

From June through October, we offer a Temperature Controlled delivery option using UPS Summer Solutions or FedEx Cold Chain. This option keeps your costs down while protecting your wine. Both solutions provide temperature-controlled or ice pack delivery.

Important Information:

  • Deliveries are attempted early in the day.
  • If you miss the delivery, your wine may be exposed to excessive heat, for which Gemstone Vineyard cannot be held liable.
  • We strongly recommend sending all shipments to a business address where someone over the age of 21 can sign for it during normal business hours.

For more information on these services, please contact us. 

RETURN / REFUND POLICY:

We strive to provide our customers with the highest quality products and service. Your satisfaction is our top priority. If you are dissatisfied with your order, please contact us within seven days of the date of your order for customer care assistance. 

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 the your care.If wine is shipped back, 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:

The terms “Gemstone Vineyard,” “http://www.gemstonevineyard.com,” “us” or “we” refer to the owner of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.

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 inure to the benefit of our company’s successors, 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 Napa 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 alcoholicbeverages 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 

Disclaimer of Warranties

ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR WEBSITE, WE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS WEBSITE. WE DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE. THIS WEBSITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” 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.

Limitation of Liability

IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, 

DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE, THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

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.

PRIVACY:   

Protecting your privacy is important to us. We hope the following statement will help you understand how we collect, use and safeguard the personal information you provide to us on our site. This policy does not, however, govern the terms of our relationship or constitute any representation or warranty. The terms of our relationship are governed by our Terms and Conditions.

Information Collected on This Site

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.

Protecting Your Information

We the sole owner of the information collected on this site. Any data that we store about you is kept behind a secure firewall in our database and is not accessible to the public in any way. Any sensitive information (such as credit card number) that we collect from you is encrypted with SSL, a standard internet security measure. We do everything in our power to protect user data offline as well by restricting access to information to only those employees who need the information to perform a specific job (for example, a Customer Care representative). All employees are kept up to date on our security and privacy practices and are aware of the importance of keeping customer data secure and safe at all times.

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 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.

Making Changes and Opting Out

You may access the personal information you have submitted to us at any time by selecting “My Account”. From there you can make changes to your account information. You can opt-out of any marketing messages or newsletters by clicking the unsubscribe link available in the footer of each email.

Gift Recipients

If you send a gift from our site, we will collect contact information, such as name, shipping address and phone number for gift recipients to ensure correct gift delivery. We will not sell, share or rent any contact or personal information for invited friends or gift recipients with third parties, but they may receive offers from us and/or our business partners highlighting new features, products, services and special offers we think they will find interesting. Invited friends and gift recipients can easily opt-out of receiving any marketing messages or newsletters by clicking the unsubscribe link available in the footer of each email.

Legal Disclaimers

Our company reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.

This website may contain links to other websites. 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.

Our company reserves the right to modify this privacy statement at any time, with or without notice to its customers.

If you have any questions about the security of our website, please feel free to contact us at info@gemstonevineyard.com.