Terms and Conditions
Welcome to our website (the “Site”). If you continue to browse and use the Site, you are agreeing to comply with and be bound by the terms and conditions (the “Terms”) listed below, which together with our privacy policy govern the relationship between St. Supéry Estate Vineyards & Winery and you in the context of this website.
These Terms constitute a legally binding contract in electronic form between you as the user or viewer of our Site (“you,” “your,” “yourself,” and “Site User”) and St. Supéry Estate Vineyards & Winery as the owners of the Site (“St. Supéry,” “our,” “us,” or “we”).
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND ST. SUPERY ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, WE KINDLY ASK THAT YOU REFRAIN FROM ACCESSING OR OTHERWISE USING THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THIS SITE.
The content of the pages on this Site is for your general information and use only. St. Supéry reserves the right to update or revise these Terms and the content of our Site at any time with or without notice to you. Please check this page periodically for changes. Your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms.
Eligibility and Restrictions
The Site is not intended for, and should not be used by, any person under the age of 21 years, the legal drinking age in the United States. You must be 21 years of age or older, to order or receive alcoholic beverages from St. Supéry. If you are not of legal drinking age, please exit this Site immediately.
The Site is based in the United States in the State of California. The Site is intended for use by residents of the United States (“U.S.”) or non-residents that agree to use the Site in accordance with U.S. laws, these Terms, and our Privacy Policy. The Site is designed and targeted to U.S. audiences, and is governed by the laws of the U.S. By accessing and using the Site and its features, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older; (d) your use of the Site and its features does not violate any applicable law, rule or regulation.
We make no representation that the Site or its policies comply with the laws of any other country. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You also consent to the transfer and use of your information outside of your country.
User and Accountholder Responsibilities
Some areas of the Site may be accessible only to registered users and accountholders. In order to access those areas of the Site, you may need to register, which includes providing access credentials, such as an email address and password. By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for not allowing another person to use your access credentials or account, and you agree to accept responsibility for all activities that occur under your account or password. St. Supéry is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of these Terms) to allow another person or entity to access and use the Site using your access credentials. You must immediately notify St. Supéry if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by using the contact information listed below.
St. Supéry reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, for any reason, or no reason, at any time in our sole discretion, with or without notice to you. In the event of termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.
User-Generated Content
The Site may now or in the future include content such as Star Reviews or comments, and other information that you post to the Site (“User Content”). Unless otherwise specified, you may only post User Content to the Site if you are a resident of the United States and are 21 years of age or older. You represent and warrant that: (i) you own the User Content posted by you on the Site or otherwise have the right to grant the license set forth herein; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Sites does not result in a breach of any contract between you and a third party, or otherwise violate any law or regulation.
Commercial advertisements and other forms of solicitation may be removed by us without notice and may result in termination of privileges. The following is a partial list of additional types of User Content that is illegal or prohibited to post on or through the Site (“Prohibited User Content”). Prohibited User Content includes, but is not limited to, User Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) exploits people in a sexual or violent manner; (iv) contains offensive subject matter, including “masked” profanities; (v) solicits personal information from anyone or otherwise contains any advertising, “spam” or any other form of solicitation; (vi) provides any telephone numbers, street addresses, last names, URLs or email addresses; (vii) promotes information that you know is false or misleading, or promotes illegal activities, violence or conduct that is abusive, threatening, obscene, defamatory or libelous; (viii) includes or promotes an illegal or unauthorized copy of another person’s copyrighted work; (ix) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (x) includes a photograph of another person that you have posted without that person’s consent; or (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Prohibited User Content may be removed by us without notice, and your posting of such content may result in termination of privileges.
We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms. We assume no responsibility and no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content. You are solely responsible for anything you may post on the Site, and the consequences of posting anything on the Site and/or Brand Pages.
We do not claim any ownership rights in the User Content that you post to the Site. After posting your User Content, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By supplying User Content to any area of the Site, however, you automatically grant us an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and User Content, and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licensees of the foregoing, without further compensation to you. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and St. Supéry assumes no obligation, expressed or implied, by considering it. We shall be free to use any such ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, worldwide in perpetuity in any medium now known or later developed including without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.
Use of the Site
You are responsible for using the Site in accordance with applicable local laws, keeping in mind that access to this Site may not be legal by certain persons or in certain countries. You accept sole responsibility for your use of the Site. Your use of the Site is limited to the intended functions of the Site, and you may not use the Site in a manner that:
Appropriate legal action may be taken for any illegal or unauthorized use of the Site. Some examples of unauthorized or illegal use of this Site include, but are not limited to: (i) collecting usernames and/or email addresses of Site Users for the purpose of sending unsolicited email; (ii) engaging in criminal or tortious activity, including fraud, spamming, sending of viruses or other harmful files, or theft of trade secrets; (iii) attempting to impersonate another User or person; (iv) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on the Site; or (v) using the Site in a manner inconsistent with any and all applicable laws and regulations. You may not resell use of, or access to, the Site to any third party without our prior written consent.
Any unauthorized use immediately and automatically terminates your right to use this Site and may subject you to legal liability.
Intellectual Property
The St. Supéry logo design, trademarks, icons and custom graphics are protected by St. Supéry’s intellectual property rights and registrations. By using this Site, you acknowledge that the content, images and products available on and through this Site (collectively, “Content”) are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. This material includes, but is not limited to, the design, layout, look, appearance and graphics. St. Supéry grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of St. Supéry. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of St. Supéry. Any unauthorized use terminates the permission or license granted by St. Supéry. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of St. Supéry so long as the link does not portray St. Supéry, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any St. Supéry logo, graphic, trademark or other proprietary information without express written permission. All other trademarks not owned by St. Supéry that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by St. Supéry. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense.
Unless otherwise indicated, any content submitted to St. Supéry via the Site shall be deemed and remain the property of St. Supéry. St. Supéry shall be free to reproduce, use, disclose, and distribute, for any purpose, any information, idea, concept, know-how, or technique contained in the content provided to St. Supéry through the Site, at no cost. St. Supéry shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in writing by St. Supéry, or as otherwise, specifically required by law.
All rights not granted hereunder are expressly reserved by us.
Third-Party Links
From time to time, this Site may also include links to third-party websites. These links are provided for your convenience to provide further information. By creating a link to a third-party website, St. Supéry neither endorses, recommends, or makes any representations about any products or services offered or information contained at the third-party website. If you use these links, you will leave our Site. St. Supéry disclaims liability for any information, materials, products, or services posted or offered at any of the third-party website linked to the Site. We do not control and have no responsibility for the content of the linked website(s). Please review the terms of use and privacy policy for any third-party website that you may visit through a link on the Site. Such third-party websites may have privacy policies that differ from that of St. Supéry, and the third-party website may provide less security than our Site. If you decide to access any of the third-party websites linked to our Site, you do so entirely at your own risk.
Cancellation Policy for Catered Events
Reservations for catered events are nonrefundable and fully transferable. A waitlist is maintained for catered events; if for any reason you are unable to attend, please let us know as soon as possible. Although we cannot guarantee, we will do our best to assist with the transfer of your ticket(s) to someone on the waitlist. By acknowledging that you have read and understand the St. Supéry Cancellation Policy, you agree to pay the nonrefundable price of admission to the event on the credit card used to secure your reservation. To transfer your reservation or for assistance, please call 707.302.3443.
The Sale of Alcoholic Beverages
Notice to California Consumers
ALCOHOL 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.
BPA WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA.
LEAD WARNING: Consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead – a chemical known to the State of California to cause birth defects or other reproductive harm. For more information, go to: https://www.p65warnings.ca.gov/fact-sheets/lead-and-lead-compounds.
General Notice to Consumers
AGE REQUIREMENTS: St. Supéry does not sell alcohol to persons under the age of 21 and makes 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 alcoholic beverages from St. Supéry is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a sober adult (21 years of age or older who is not intoxicated). You also agree that any alcohol purchased from St. Supéry is intended for personal consumption and not for resale. If you do not agree with these conditions of use, we kindly ask that you refrain from accessing or using this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, St. Supéry shall have the right to take action against you or seek indemnification from you for any suit to which St. Supéry may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, St. Supéry hereby notifies 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.
DRINK RESPONSIBLY: St. Supéry does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.
Sales, Shipping and Returns
Our wine is offered for sale on this Site to adults of legal drinking age and only to states where shipping is permitted. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated).
Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. Wine does not like extreme temperatures: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. St. Supéry is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.
St. Supéry is committed to providing a consistent and quality product. If your St. Supéry wine was damaged in transit, call us at 707.302.3443 or via email at wineclub@stsupery.com within 5 days of receipt with documentation of the damage.
To reduce the potential for TCA (trichloroanisole) or “corkiness” in our wines, our cork suppliers have taken significant steps to reduce incidents of cork taint and provide us with the option to have them inspect every cork. With the 2016 vintage onward, we have paid for additional inspections of our natural corks and to have them guaranteed by the supplier or ourselves against TCA. If you believe the cork is faulty due to TCA, we will require the bottle and contents to be returned for laboratory testing. If the laboratory test confirms TCA (trichloroanisole) is present in the wine, a replacement will be issued. Please contact us at wineclub@stsupery.com to make arrangements for pick up.
Wine Club Member cancellation must occur 10 days prior to shipment date to avoid being charged for that shipment. A 20% restocking fee will be charged for returns and re-directs due to unsuccessful delivery and/or change of address.
All wines are sold in California and title passes to the buyer in California. St. Supéry makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California. The buyer is solely responsible for shipping costs and shipment of wines. By placing an order, you are authorizing St. Supéry to act on your behalf to engage a common carrier to deliver the items in your order.
Please note that St. Supéry may not be able to ship wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. St. Supéry will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that St. Supéry in its sole discretion believes that such shipment will not subject St. Supéry to the risk of any sort of legal action or other harm. If a buyer lives in a state where the direct shipment of wine by St. Supéry may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.
St. Supéry will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.
Accepted Forms of Payment
Accepted Forms of Payment: VISA, MasterCard, American Express, and Discover
Accepted forms of payment using shop.www.stsupery.com: Visa, MasterCard, Discover and American Express.
Wine Club and Renewal Terms
When you registered to join the St. Supéry Estate Wine Club, you explicitly consented to be bound by the Wine Club Policies and Renewal Terms for a period of one (1) year (“Initial Term”) with a two – four shipment minimum (as detailed below for each wine collection) (“Minimum Commitment”). Upon fulfilling your Minimum Commitment, St. Supéry will offer an optional shipment. You can decline this shipment by responding to the email notification for the optional shipment.
After the completion of the Initial Term, your Wine Club Membership will automatically renew on a month-to-month basis (“Renewal Term”) until you cancel your membership. You may cancel your Wine Club Membership at any time by email at wineclub@stsupery.com or by calling us at 1-866-612-2582. Once you cancel your Wine Club Membership, cancellation is effective immediately; however, if you cancel during the Initial Term, you will continue to be charged until your Minimum Commitment is satisfied. If you cancel during the Renewal Term, then you will continue to be charged through the end of the billing cycle in which your cancellation request is received, provided it is submitted at least 15 days before the next billing cycle. If your cancellation request is not submitted at least 15 days before the next billing cycle, you will be charged for the following billing cycle as well.
Estate Collection
Price per shipment is approximately $175, plus shipping and taxes. Exact amount charged per shipment may vary by up to $45. Minimum one year (four shipments) commitment: approximately $875.
Estate Collection Red Wine Only Option
Price per shipment is approximately $245, plus shipping and taxes. Exact amount charged per shipment may vary by up to $50. Minimum one year (four shipments) commitment: approximately $980.
Estate Collection White Wine Only
Price per shipment is approximately $110, plus shipping and taxes. Exact amount charged per shipment may vary by up to $50. Minimum one year (four shipments) commitment: approximately $550.
Divine Château Collection
Price per shipment is approximately $365, plus shipping and taxes. Exact amount charged per shipment may vary by up to $55. Minimum one year (four shipments) commitment: approximately $1,800.
Winemaker’s Collection
Price per shipment is approximately $635 plus shipping and taxes. Winemaker’s Collection Members may customize their shipment and exact amount charged per shipment may vary based on substitutions. Minimum one year (two shipments) commitment: approximately $1,400.
Errors and Inaccuracies
Despite our best efforts, errors can and do occur and we sincerely apologize in advance for inaccuracies relating to product descriptions, pricing, and availability. Please understand that we reserve the right to correct errors and omissions without prior notice and to cancel any offered product or service in the event of an error or omission.
System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Site or communicating with St. Supéry through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems.
Disclaimer of Warranties
ALTHOUGH ST. SUPÉRY ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE ST. SUPÉRY SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY, COMPLETENESS, OR ANY USE OF INFORMATION ON THE ST. SUPÉRY SITE OR THE CONTENT OF ANY THIRD-PARTY SITE LINKED TO FROM THE SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE AND/OR OUR RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENT HEREOF AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. ST. SUPÉRY DOES NOT WARRANT THAT YOUR USE OF THE ST. SUPÉRY SITE, OR THE OPERATION OR FUNCTION OF THE ST. SUPÉRY SITE, 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. ANY COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE, WHETHER IT IS YOURS, AN INTERNET SERVICE PROVIDER’S, OR ST. SUPÉRY’S, CAN EXPERIENCE UNANTICIPATED OUTAGES OR SLOWDOWNS OR HAVE CAPACITY LIMITATIONS. ST. SUPÉRY MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OF THE INTERNET OR CELL OR DATA SERVICE ON YOUR DEVICE. YOUR USE OF THE ST. SUPÉRY SITE 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. ST. SUPÉRY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, AND, TIMELINESS OF THE ST. SUPÉRY SITE. THE ST. SUPÉRY SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT SHALL ST. SUPÉRY, ANY OF OUR AFFILIATES, ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND/OR OUR SUPPLIERS (THE “ST. SUPÉRY PARTIES”), BE LIABLE FOR LIABILITY, LOSS, DAMAGE OR EXPENSES ARISING OUT OF OR SUFFERED BY YOU AS A RESULT OF YOUR VISIT TO OR USE OF THIS SITE OR ANY LINKED SITE, ANY MATERIALS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, INABILITY TO USE THE SITE, ANY ERROR IN THE PROVISION OF THE SITE OR ANY FAILURE TO PROVIDE SERVICES, PERFORMANCE OF THE SITE, ANY COMPUTER VIRUS OR OTHER EXECUTABLE CODE THAT YOU MAY DOWNLOAD FROM THE SITE, AND ANY OTHER DEFECT THAT IS TRANSMITTED THROUGH THE SITE, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, WHETHER SUCH LOSS OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE. IN NO EVENT SHALL ST. SUPÉRY PARTIES BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY); EVEN IF ST. SUPÉRY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ST. SUPÉRY SITE, OR WITH ANY OF THESE TERMS , YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ST. SUPÉRY SITE.
Governing Law and Disputes
Our website is created and maintained by St. Supéry in the State of California, USA. Please be advised that the Terms, the Site, and activities on and through the Site, are governed by the laws of the United States of America and the laws of State of California without giving effect to any principles of choice or conflicts of law provisions of any jurisdiction.
You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of this Site, these Terms, the Privacy Policy, and/or an item purchased through the Sites. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in the State of California, County of Napa. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, St Supéry will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and St Supéry and/or its affiliates alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If you initiate a litigation or any other proceeding against St Supéry or any of its affiliates in violation of this paragraph, and St Supéry and/or its affiliates is the prevailing party in any such litigation or proceeding, you agree to pay St Supéry’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
For any matters which are not subject to arbitration as set forth herein, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Napa in the State of California. You agree not to raise the defense of forum non conveniens.
Indemnification
You agree to defend, indemnify and hold us, our affiliates, and/or suppliers, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms (including, without limitation, any breach of your representations and warranties set forth herein and/or applicable law).
The foregoing indemnity obligations will survive any termination of the Terms. This indemnification provision shall apply to third party claims as well as claims between St. Supéry and you under these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of St. Supéry. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Entire Agreement
These Terms, our Privacy Policy and any other policies posted by us on this Site constitute the entire agreement and understanding between you and us with respect to the Site and supersedes all prior or contemporaneous communications and understandings (whether oral, written or electronic) between you and us with respect to those matters (including, but not limited to, any prior versions of the Terms.
Miscellaneous
If any provision of these Terms 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 St. Supéry to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by St. Supéry in writing. These Terms will inure to the benefit of St. Supéry, its successors, assigns, and licensors. The paragraph headings in these Terms, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Contact Us
Please contact us at divinecab@stsupery.com or address below if you have any questions regarding the Site or these Terms.
St. Supéry Estate Vineyards & Winery
P.O. Box 38
8440 St. Helena Highway
Rutherford, CA 94573
Website Content: Copyright ©2018-2025 St. Supéry Estate Vineyards & Winery. All Rights Reserved.
BY CONTINUING TO USE THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
