General Terms and Conditions

General Terms and Conditions

Using the Site constitutes your agreement to the terms and conditions listed below. Please read these General Terms and Conditions carefully. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Site or any information or materials contained on this Site. St. Supéry reserves the right to update or revise these General Terms and Conditions 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 and Conditions.

We reserve the right to make changes to our Site and these disclaimers, terms, and conditions at any time.

Eligibility

The Site is not intended for, and should not be used by, any person under the age of 21 years.

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 General Terms and Conditions) 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 in its sole discretion.

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:

  • harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  • is unlawful, fraudulent, or deceptive;
  • uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” or other technology to attempt to gain unauthorized access to St. Supéry user accounts, content, computer networks, or systems;
  • attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • violates these General Terms and Conditions, any other St. Supéry policies, or any applicable third-party terms; or
  • attempts to damage, disable, overburden, or impair St. Supéry servers or networks.

Severability

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 St. Supéry 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 St. Supéry in writing. These Terms and Conditions will inure to the benefit of St. Supéry, its 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.

Governing Law and Disputes

Our website is created and maintained by St. Supéry in the State of California, USA. Please be advised that the laws of the State of California and controlling United States federal laws govern these disclaimers, terms, and conditions 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 General Terms and Conditions, 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.

THIS LEGAL STATEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. 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.

Intellectual Property

The St. Supéry logo design, trademarks, icons and custom graphics are protected by St. Supéry. 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 sSite 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. 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.

Third-Party Links

From time to time, this Site may also include links to other 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 nor recommends any products or services offered or information contained at the third-party website.  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 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.

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. 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.

Cancellation Policy

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

Legal 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 person 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, 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, 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. Accepted forms of payment using shop.stsupery.com: Visa, Mastercard, Discover and American Express.

Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. 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 Estate Vineyards and Winery is committed to providing a consistent and quality product. If you are unsatisfied with your St. Supéry wine, call us at 707.302.3443 or via email at wineclub@stsupery.com within 30 days of purchase to arrange for replacement.

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 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.

An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult aged 21 years of age or older will be present and available to sign for your shipment. 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.stsupery.com: Visa, Mastercard, Discover and American Express.

Wine Club and Renewal Terms

By joining the St. Supéry Estate Wine Club, I agree to be bound by the terms of the Wine Club as disclosed in the Wine Club Membership descriptions, which I acknowledge I have read below. I agree that St. Supéry is authorize to charge my credit card for the price of each shipment of wine pursuant to the terms of my Wine Club membership (including the first shipment, which we be sent immediately), plus applicable taxes and shipping. I further agree to continue membership for at least one year. I am 21 years or older. I understand it is my obligation to notify St. Supéry of any address or credit card charges before wine is shipped.

Estate Collection

Price per shipment is approximately $160, plus shipping and taxes. Exact amount charged per shipment may vary by up to $15. Minimum one year (four shipments) commitment: approximately $640. Cancellations during first year will not be effective until after fourth shipment. After first year, shipments will continue unless membership is cancelled. Membership may be cancelled by emailing wineclub@stsupery.com or by calling us at 707.302.3443.

Estate Collection Red Wine Only Option

Price per shipment is approximately $200, plus shipping and taxes. Exact amount charged per shipment may vary by up to $30. Minimum one year (four shipments) commitment: approximately $800. Cancellations during first year will not be effective until after fourth shipment. After first year, shipments will continue unless membership is cancelled. Membership may be cancelled by emailing wineclub@stsupery.com or by calling us at 707.302.3443.

Estate Collection White Wine Only

Price per shipment is approximately $100, plus shipping and taxes. Exact amount charged per shipment may vary by up to $15. Minimum one year (four shipments) commitment: approximately $400. Cancellations during first year will not be effective until after fourth shipment. After first year, shipments will continue unless membership is cancelled. Membership may be cancelled by emailing wineclub@stsupery.com or by calling us at 707.302.3443.

Divine Château Collection

Price per shipment is approximately $325, plus shipping and taxes. Exact amount charged per shipment may vary by up to $35. Minimum one year (four shipments) commitment: approximately $1,300. Cancellations during first year will not be effective until after fourth shipment. After first year, shipments will continue unless membership is cancelled. Membership may be cancelled by emailing wineclub@stsupery.com or by calling us at 707.302.3443.

Winemaker’s Collection

Price per shipment is approximately $520 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 $1,040. Cancellations during first year will not be effective until after second shipment. After first year, shipments will continue unless membership is cancelled. Membership may be cancelled by emailing wineclub@stsupery.com or by calling us at 707.302.3443.

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 OR ANY USE OF INFORMATION ON THE ST. SUPÉRY SITE. 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. 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, TIMELINESS, AND ACCURACY OF THE ST. SUPÉRY SITE. THE ST. SUPÉRY SITE 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 ST. SUPÉRY, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 THE ST. SUPÉRY SITE, THE USE OR PERFORMANCE OF THE ST. SUPÉRY SITE, THE DELAY OR INABILITY TO USE THE ST. SUPÉRY SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ST. SUPÉRY SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ST. SUPÉRY SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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 AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ST. SUPÉRY SITE.

Contact Us

Please contact us at divinecab@stsupery.com or address below if you have any questions regarding the Site or these General Terms and Conditions.

St. Supéry Estate Vineyards & Winery
P.O. Box 38
8440 St. Helena Highway
Rutherford, CA 94573

Website Content: Copyright ©2018 St. Supéry Estate Vineyards & Winery. All Rights Reserved.