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Thank you for visiting the Opus One website located at www.opusonewinery.com (the “Website”). We have developed the terms, conditions and notices below to govern the terms on which you (referred to in this Agreement as “You” or “Your“) use the site, wholly owned and operated by Opus One Winery. This Agreement also specifies the terms on which We (“Opus One“) sell our products through the Website.
Please read this Agreement carefully. If You do not agree to its terms, You may not use this Website.
- The Website. Opus One may rely on and use one or more third party vendors to provide technology infrastructure to support the operation and use of the Website including, without limitation, servers, software, storage and networking.
- Use of the Website.
- Opus One does not permit this site to be used by any person under 21 years old.
- Subject to Your compliance with the terms and conditions of this Agreement, Opus One grants You a non-exclusive, non-transferable, revocable, non‑sublicensable license to access the content and use the services on the Website solely for its intended purpose.
- During the authorized operation and use of the Website, Your internet browser software may create one or more copies of the executable code, graphics files, data files, and other information and data transmitted to Your computer (the “Cached Information“). The Cached Information must be used solely in support of the authorized operation and use of the Website and for no other purpose.
- Opus One reserves the right to refuse service, modify, suspend or terminate accounts, or remove or edit content in its sole discretion.
- Additional Limitations On Use.
In addition to any other restriction or limitation set forth in this Agreement, You agree to the following limitations on the access and use of the Website:
- You may not reverse engineer, decompile or otherwise attempt to extract the source code, algorithms, operational flow, data structures, or object structures of the Website, or any portion thereof, unless expressly permitted or required by law, or You have written authorization from Opus One to do so;
- You may not reproduce any portion of the Website to any other device including, without limitation, any framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
- You may not deep-link to any portion of the Website without the written authorization of Opus One;
- You may not modify or create derivative works of any portion of the Website including, without limitation, translating any content into another language or implementing the Website in a different computer language;
- Except as required for the authorized operation and use of the Website or as otherwise specified in a robots.txt file, You may not use any automated or manual process to capture any content of the Website including, without limitation, by use of a bot, spider, or scraper;
- Product Orders.
- Shipping Methods and Costs.
- Domestic and international orders typically take three to five business days to process and ship. Domestic orders are shipped Monday through Thursday. International orders are shipped Monday, Tuesday and Friday.
- To protect the integrity of the wine, our standard shipping method is FedEx Air, and FedEx International Priority, and with a cooling gel pack during summer months. We reserve the right to use alternative shipping methods as needed.
- Wine shipments require a signature, at the time of delivery, from someone 21 years or older. No wine will be delivered to a visibly intoxicated person, and any person unable to produce age verification forfeits his or her right to receive the shipment until identification is produced. In such circumstances, the order may be held in storage at a local depot until appropriate identification is produced, or it may be shipped back to Opus One.
- For each order, we estimate duties, tariffs, taxes and ancillary fees applicable to your purchase and those costs are added to the shipping charges.
- All costs associated with the return of wine or other products to Opus One due to unsuccessful delivery attempts will be charged to the customer. In the unlikely event of damage in transit, You are responsible for filing a claim directly with the appropriate third party transit carrier (e.g. FedEx or UPS.)
- Shipping charges include costs for third party transit and all product-handling costs. Orders are processed following credit card authorization and are shipped weather permitting. We will not release wine for shipment during weather extremes. Instead the shipment will be held until conditions are suitable for the transit of wine.
- Order Confirmations.
- Once You place Your online order, Opus One will send an order confirmation via email to the email address associated with Your profile. When the order has been processed and shipped a second email will be sent with order tracking information to the email address associated with the shipping address.
- Please note: order and shipment confirmation emails are sent to all customers who place their order online, including those who have opted out of receiving other emails from Opus One.
- Return Policy. 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. Opus One makes every effort to ensure a safe delivery of Your wine to Your home or business. Opus One 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 You as the purchaser.
- Credit Card Refunds. Upon receipt of Your returned shipment, We will process a refund for the amount of purchase, less third party transit fees imposed by the carrier. 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.
- Proprietary Rights.
- You acknowledge and agree that Opus One (or its licensors) is the sole owner of the Website.
- The Website is protected by United States and international copyright and trademark laws. Except in connection with the intended operation and function of the Website, no portion of the content or information contained within the Website or content or information delivered as a result of visiting the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of Opus One.
- All rights not expressly granted by this Agreement are reserved by Opus One.
- Warranty Disclaimer; Limitation of Liability.
- THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, DATA AND OTHER CONTENT CONTAINED WITHIN IT AND ALL INFORMATION, IS PROVIDED “AS IS” AND “AS AVAILABLE.” OPUS ONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY LAW, OPUS ONE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, HYPERLINKED WEBSITES AND ANY THIRD PARTY SERVICES.
- OPUS ONE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, ANY INFORMATION, DATA OR OTHER CONTENT CONTAINED WITHIN THE WEBSITE, ANY INFORMATION, DATA OR OTHER CONTENT DELIVERED AS A RESULT OF VISITING THE WEBSITE, OR ANY HYPERLINKED WEBSITE. USER’S SOLE REMEDY FOR A BREACH OF THIS AGREEMENT BY OPUS ONE IS TO STOP USING THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OPUS ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- General Terms.
- No Agency. You are not an agent or employee of Opus One and You have no authority to bind Opus One by contract or otherwise.
- Entire Agreement. This Agreement is the entire agreement between You and Opus One pertaining to the subject matter of this Agreement. It supersedes all prior written and oral statements, including any prior representation or statement.
- Acceptance of this Agreement. You will accept this Agreement by clicking on “Accept,” “I agree” or a similar button when the Agreement is presented to You as part of the registration process. If You are a non-registered visitor to the Website, You accept this Agreement by accessing and using the Website.
- Modification of this Agreement. If You have registered an account with Opus One, We will provide notice of any change or modification to this Agreement by sending an email to the email address You have on file. Opus One will also post notice of any revised version of this Agreement on the home page of the Website a minimum of 15 days prior to the effective date of the new or modified version of this Agreement. Your continued use of this Website indicates an agreement to be bound by the revised Agreement.
- No Waiver. The observance of any provision of this Agreement may be waived only with the written consent of You and Opus One. The failure by either party to enforce any rights under this Agreement is not a waiver of such right then or in the future.
- Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the economic and business intent of the parties, and the remainder of this Agreement will continue in full force and effect.
- Transfer of Rights. You do not have the right to assign, transfer or sublicense this Agreement including, without limitation, any rights to use the Website. Any unauthorized attempt to assign, transfer or sublicense is void. Opus One has the right to assign, transfer and sublicense this Agreement without restriction and in its sole discretion.
- Dispute Resolution.
- Before initiating any legal proceeding, You agree to report Your issue or concern to Opus One. You agree to negotiate with Opus One in good faith to resolve Your issue or concern. Either You or Opus One may initiate a legal proceeding if Your issue or concern is not resolved within 15 days of receipt by Opus One.
- IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING ARBITRATION PROVISIONS: You and Opus One agree to resolve any claims relating to this Agreement through final and binding arbitration or, if available, small claims court.
- The arbitration proceeding shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
- Each party to this Agreement submits to the exclusive jurisdiction of the County of Napa in the State of California and waives any objection based on jurisdiction, venue, or inconvenient forum.
- Prior to initiating an arbitration proceeding, either party may bring a legal proceeding to seek an injunction, specific performance or other equitable relief to prevent the actual or threatened abuse or other unauthorized use of the Website, or to prevent the actual or threatened infringement of any intellectual property right.
- NO CLASS ACTIONS. You may only resolve disputes with Opus One on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. You understand and agree that class arbitrations, class actions, private attorney general actions and consolidation with other legal proceedings is not permitted.
- Choice of Law and Venue. This Agreement is entered into in the State of California and is governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules.