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brion terms of use

The website displayed at www.brionwines.com (this “Site”) is operated by B. Wise Vineyards Inc. (“BWV”). Your use of and access to this Site is conditioned upon your acceptance of these Terms of Use including our privacy policy. Every time you use this website, you acknowledge to us that you have read these terms and conditions and agree to be bound by them.

Government Warning

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.

Permitted Users of this Site Requirement

This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing this Site.

Rights to Contents and Intellectual Property

Intellectual property and restrictions on use of content: unless expressly stated otherwise, all intellectual property rights appearing on this website (such as names, trademarks, logos and copyright material) are owned by us and/or our related companies. Except as permitted by these Terms of Use, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute, or transmit any portion of this Site or make any derivative works from this Site in any way without BWV’s express prior written consent.

Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Privacy and Personal Information

Any personal information submitted by you on this website is governed by our Privacy Policy.

Use of this Site

BWV maintains this Site for your personal entertainment, information, and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with BMV’S express prior written consent. All rights not expressly granted here are reserved to BWV.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy, or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

No Warranties

BWV does not promise that this site or any content, service, or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are provided on an “As Is” and “As Available” basis without representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purposes, non-infringement, or accuracy.

BWV also assumes no responsibility, and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data, or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video, or audio from the Site or any linked sites.

Limitation of Liability

In no event shall BWV, its affiliates, subsidiaries, and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from this Site. You acknowledge by your use of the Site that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Indemnification

You agree to defend, indemnify, and hold BWV, its affiliates, and subsidiaries harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.

On-Line Stores; Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Communications with this Site

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. BWV will fully comply with any applicable law, regulation, or order of any court or other governmental authority and fully cooperate with all law enforcement authorities, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity, or helping to identify you.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. BWV cannot prevent the “harvesting” of information from this Site, and you may be contacted by BWV or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of BWV, may or may not be posted to this Site at the sole discretion of BWV, and may be used by BWV or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, BWV is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. If you transmit any ideas, concepts, materials, or other communications to this Site, you accept that it will not be treated as confidential and may be used by BWV without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although BWV may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, BWV is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. BWV assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Termination

At its sole discretion, BWV may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

Unaffiliated Products and Sites

Descriptions of, or references to, products, publications, or sites not owned by BWV or its affiliates do not imply endorsement of that product, publication, or site. BWV has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linking Policy

This Site may provide, as a convenience to you, links to sites owned or operated by parties other than BWV. Each linked-to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. BWV does not control, and is not responsible for the availability, content, or security of these external sites, nor your experience interacting or using these external sites. BWV does not endorse the content, or any products or services available on such sites. If you link to such sites you do so at your own risk.

Disclaimer

While we will take all reasonable steps to ensure that this website is accurate, the website and its contents are provided on an “As Is” basis. To the maximum extent permitted by law, all warranties in respect of this website and the information contained in it (including the content of or use of this site, the security of your computer in accessing this site, computer viruses, the availability, uptime, and security of this site and the integrity of data accessed through this site) are excluded. We (including our related companies) are not liable for any loss or damage which you may suffer as a result of using this website. We reserve the right to revise the content of, or withdraw access to this website at any time without notice or liability to you.

Governing Law

This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that BWV intends to make such products or services available in such countries. Any offer for any product, feature, service, or Application made on this Site is void where prohibited.

These Terms of Use are effective as of November 2017.

brion privacy policy

BRION is committed to protecting your privacy. This privacy policy (“policy”) applies when you visit our website at www.Brionwines.Com (the “site”), the websites of any of our affiliates, make a purchase from us, subscribe to our mailing lists or wine club programs.

Like many other internet sites, we may use “ cookies” in some portions of the site. The cookies we create will not extract any information from your computer. For more details on our policy, please read the text below.

Information You Give Us

If you provide information about yourself by purchasing a product (online, in person, or by phone), entering a promotion or competition conducted by us, registering to use one of our websites, or participating in one of the social media functions related to our product or otherwise voluntarily telling us about yourself, we will collect and use that personal information to respond to your request and for other business purposes, including improving this site, our products, and other experiences for our guests. We may also contact you by email, regular mail, text message, or telephone from time to time with information about our products, upcoming events, and/or changes to this site.

We may give you the opportunity, at the time you share your personal information, to have your information shared with our affiliates or selected business partners. If you do not want us to share your information with affiliates or selected business partners, please contact us at inquire@brionwines.com

To stop receiving our promotions, please click the link found at the bottom of each email or update your account preferences.

Internet Use Related Information

We collect information from visitors to our site, including but not limited to the referring url, the ip address, the browser used to locate our site, the country, state or province where our site was accessed, and search terms entered on our site. We track visitor’s traffic patterns during their visit to our site, including which pages or specific urls a visitor views while visiting our site. We use the information collected to improve our site, and we may aggregate the statistics about pages viewed on our site, demographic information, sales, and other shopping information with third parties to enrich your visitor experience.

We may make available third party applications through our site or social media applications for your download or use. Information collected by the third party application provider is governed by their privacy policies and is not under our control.

How To Access Your Personal Information

You have the right to modify the personal information we have about you. You may access and change your personal information (including preferences about how we contact you) by contacting us inquire@brionwines.Com.

Security

The transmission of information via the internet is not completely secure. Although we will protect your personal information in accordance with this policy, we will not be liable for disclosure of personal information obtained due to errors in transmission.

If you place information on one of our sites (such as a bulletin board), it will generally be accessible to others. We recommend that you do not post personal information on public areas of our site as this information will not be covered by this policy.

Not Directed To Minors

Our site is not intended for people under the legal drinking age and as a result, we will not knowingly collect information from minors in the united states or elsewhere with or without the consent of their parents or guardians. By viewing, using, or entering information on our site and any related social or other media therein, you verify that you are of legal drinking age. For ca residents the legal drinking age is 21 years old or older.

Governing Law

To the extent possible, this policy and our privacy practices will be subject exclusively to the laws of the state of california within the united states of america. We make representation that this policy and its practices comply with the laws of any other country.

Contact us

If you have any questions or concerns about this policy, please contact us by emailing inquire@brionwines.com.

brion shipping policy

Shipping Times

It is our goal to process and ship your order on the Monday or Tuesday following receipt of your order. Delivery is estimated 3 to 5 business days for the West Coast and 7 to 10 days for the East Coast, weather permitting. To schedule faster shipping time or a later shipping date, please contact us directly at 707.339.7686.

You will receive a tracking number once your label is printed, however that tracking number will not become active until the package has been picked up and is in transit. The tracking number will allow you to check on the delivery status of your order through UPS.com. Any changes to your delivery options, once in transit, can be made through UPS MY CHOICE.

Weather Advisory

BRION will not ship your wine when temperatures reach above 90 degrees or below 40 degrees. Your order will be packed and sent out once it is safe. Our shipping department will send you an email with the tracking number once your wine leaves the winery. The majority of our packages are sent via UPS Ground. Should you like your wine to be shipped to an area with high temperatures, we highly recommend selecting the Next Day Air shipping option; however we highly discourage customers from shipping during extreme heat. Orders being shipped to states that experience extreme winter weather will be delayed until the extreme weather subsides.

Shipping Preferences

UPS and FedEx require an adult signature at time of delivery for all alcohol purchases and will not leave package on a doorstep or with a minor even if requested by the purchaser. Please take this into consideration when selecting your shipping address.

Shipping Rates

BRION ships wine via UPS Ground. FedEx can be used as well when need be. All prices are determined upon the weight of the package and the destination zip code. UPS will quote all orders directly and BRION will charge at the time of the order. We are unable to ship to P.O. Boxes or APO/FPO addresses. If you need to expedite shipping, please call us at 707.339.7686.

Undeliverable Packages and Returned Packages

UPS will attempt to deliver packages containing alcohol 3 times before returning it to BRION. BRION is not responsible for additional shipping charges. All undelivered packages will be processed as a return. Then we will contact you to arrange re-shipping of your package. Additional charges will apply when packages are returned or re-routed. Please take this into consideration when selecting your shipping address for an order.

We DO NOT ship alcohol to the following states

Shipping alcohol to the following states is prohibited by state law: Alabama, Arkansas, Delaware, Kentucky, Mississippi, Oklahoma, Rhode Island, Utah.

International Shipping:

We are happy to discuss international shipping. Rules and regulations are constantly changing so please call us at 707.339.7686 to discuss your need or email us at inquire@brionwines.com.

brion returns & cancellations policy

We will replace any bottle of wine that is damaged, flawed, or otherwise deemed to be unsatisfactory. We ask the customer return the unfinished portion of the original bottle for replacement. By law, we cannot accept returns of alcoholic beverages unless the product is corked, or flawed. We are also unable to accept return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. We will not ship wine if the forecast includes any extreme weather, in the attempt to deliver our wines in the best possible condition. To arrange for the return of corked or flawed product, please send an email to inquire@brionwines.com.

Once the wine is received, we will refund your credit card account for the cost of the wine less shipping and handling. If the original shipment was damaged or flawed, you will receive a full refund, including shipping and handling charges. Please contact the winery at 707.339.7686 for return instructions.

brion compliance

Due to specific state laws, we ship wine only to those states where direct shipments are permitted by law. Please note that some states impose volume limitations and other restrictions. Shipments may be subject to state sales tax.

All orders must be placed by persons at least 21 years of age. Age verification is required upon delivery. Wine cannot be delivered to visibly intoxicated persons or those who are unable to provide age verification. In such circumstances, your order may be held at the shipping company’s local depot or shipped back to the Winery. Customer is responsible for all associated costs.