Terms and Conditions

TERMS OF USEPRIVACY POLICYSHIPPING POLICY

Welcome to the Rempfer Cellars Winery website. Please review the following terms of use (the “Terms”) that govern your access to and use of the Web Site, and our Privacy and Shipping Policies. Please note that your use of and access to our Web Site constitutes your agreement to comply with and be bound by these Terms and Policies. These Terms and Policies may be updated and changed by us from time to time, in our sole discretion. Your continued use of this Web Site following any changes to these Terms and Policies will be deemed to constitute your acceptance of such change.

PERMITTED USERS

This Web Site is intended to be used and accessed by persons who are of the legal age to purchase and consume alcohol. You must be 21 years of age or older to use and access this Web Site. If you are not, please exit this Web Site immediately. By continuing, you affirm that you are 21 years of age or older.

USE OF MATERIALS

Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Web Site are proprietary to Rempfer Cellars. You may browse the Web Site and may download material displayed on the Web Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other web site, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Web Site, or the making of any derivative works from this Web Site, is prohibited.

USER SUBMISSIONS

This Web Site may now or in the future permit the submission, sharing or publishing of photographs, videos, comments, communications or other content submitted by you and other users (“User Submissions”). Other than personally identifiable information, which is covered under the Rempfer Cellars Privacy Policy set forth below, any User Submission you transmit or post to this Web Site will be considered non-confidential. In addition, by submitting any User Submission to Rempfer Cellars, you hereby grant Rempfer Cellars a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Web Site and Rempfer Cellars business. You hereby grant each user of the Web Site a non-exclusive license to access your User Submissions through the Web Site and to display and publicly perform such User Submissions as permitted through the functionality of the Web Site and under these Terms.

In connection with User Submissions, you agree that you will not submit material that: (1) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Rempfer Cellars all of the license rights granted herein; (2) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (3) could damage the reputation of Rempfer Cellars or any third party; or (4) impersonates another person.

Rempfer Cellars does not endorse any User Submission or any opinion, recommendation or advice therein, and Rempfer Cellars expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Rempfer Cellars with respect thereto.

DISCLAIMER OF WARRANTIES

REMPFER CELLARS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, REMPFER CELLARS SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. REMPFER CELLARS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. REMPFER CELLARS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. ANY USE OF THE WEB SITE IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU.

LIMITATION OF LIABILITY

YOU AGREE THAT REMPFER CELLARS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR PERFORMANCE OF OR BROWSING IN THE WEB SITE, OR YOUR LINKS TO OTHER SITES FROM THIS WEB SITE, EVEN IF REMPFER CELLARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT REMPFER CELLARS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

INDEMNITY

You agree to defend, indemnify and hold harmless Rempfer Cellars, its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Web Site or from any breach by you of the Terms, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Rempfer Cellars shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.

TERMINATION

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

LINKING

Rempfer Cellars may provide links to web sites owned or operated by third parties. Rempfer Cellars does not endorse the content or any products or services available on such web sites and is not responsible for such content or its security. Your linking to any other web sites from this Web Site is at your own risk.

GENERAL

These Terms (as well as the Privacy Policy and Shipping Policy) are governed by the laws of the State of California without regards to its conflict of laws principles. If any provision of these Terms or Policies are found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Policies, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Web Site is void where prohibited.

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PRIVACY POLICY

Rempfer Cellars has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices of Rempfer Cellars.

1. We may collect personally identifiable information from you, such as your name, email address or mailing address, when you visit the Web Site, You will always have the ability to unsubscribe from their mailing lists if you do not wish to receive email communications from them.

2. Rempfer Cellars will not share, rent or sell your personally identifiable information to any non-affiliated organization or company without your consent. However, we may disclose your personally identifiable information under limited circumstances if we conclude we are required by law to do so or have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Rempfer Cellars, its customers or the public.

. All of the customer data we collect is stored on a secured server to protect against unauthorized access. Rempfer Cellars takes information security very seriously and uses reasonable administrative, technical, physical and managerial measures to protect your personally identifiable information from unauthorized access. Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personally identifiable information and cannot assume liability for improper access to it.

4. Rempfer Cellars will track visits to the pages and links on our Web Site so we can make decisions about the design and usage of the Web Site. While we may choose to share aggregate information, such as statistics, on consumer behavior to third parties, none of this aggregate information contains personally identifiable information.

5. Our Web Site may use cookies to enable us to recognize users who have previously visited the Web Site when they return to the Web Site. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Most web browsers automatically accept cookies, but most allow you to prevent that by making a change to your browser options. Even without a cookie, you can still use most of the features on our Web Site.

6. Protecting the privacy of the young is of paramount importance. We never collect or maintain information from those we actually know are under the age of 21, and no part of our Web Site is directed at or designed to attract anyone under the age of 21.

7. Rempfer Cellars may provide links to web sites owned or operated by parties other than Rempfer Cellars whose policies regarding the handling of personally identifiable information may differ from ours. Rempfer Cellars is not responsible for the information handling practices of these other web sites. These linked web sites have separate and independent privacy policies and terms of use, which we urge you to read carefully.

8. From time to time, Rempfer Cellars will contact our registered users who have opted in to be e-mailed with promotional information that we feel would be applicable to, and desired by that user. At any time a user wishes to opt-out of these e-mails, they may do so by contacting info@rempfercellars.com. Once opted-out, the user will not receive any further communication from us, aside from any system messages that are necessary to that user in specific transactions, such as e-commerce order summaries.

9. From time to time, the Web Site may feature message boards, chat rooms, news groups, blogs and/or other forums viewable by the public. Please remember that any information that you reveal in such a public forum, including any personally identifiable information, is by design open to the public and is not subject to this Privacy Policy. You should think carefully before disclosing any personally identifiable information in any public forum. What you write may be seen, disclosed or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. As with any public forum on any website, this information may also appear in third-party search engines.

10. On occasion, Rempfer Cellars may sponsor sweepstakes and other promotions that are managed by third-party organizations. Information and data gathered in those instances will be held by the third-party and will normally be shared with Rempfer Cellars.

11. By using our Web Site, you consent to the guidelines described in this Privacy Policy, the Terms of Use and the Shipping Policy. The provisions of this Privacy Policy are subject to change. Rempfer Cellars will post changes to the Privacy Policy on this page. We encourage you to check this page regularly, as your continued use of this Web Site following any changes to this Privacy Policy will be deemed to constitute your acceptance of such change.

12. This Privacy Policy is effective as of September 1, 2016.

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SHIPPING POLICY

Due to the restrictions of many state laws, we only ship wine to those states where direct shipment is permitted by law; currently we ship to AK, CA, CO, CT, FL, GA, HI, ID, IL, IA, MI, MN, MO, NE, NV, NH, NM, NY, NC, ND, OH, OR, SC, TN, TX, VA, VT, WA, WI, WY. This list is subject to change without notice. If your state is not on this list, visit www.freethegrapes.org for more information. (Non- alcohol items can be shipped anywhere in the United States.) In addition, each state imposes limitations on the amount of wine any particular resident may receive by direct shipment. Certain states also have dry areas to which alcohol cannot be shipped, so there are certain zip codes that we cannot ship to. To ensure that you are able to order wine for direct shipment from our website, please consult the specific state requirements for your state.

Please note that all orders must be placed by persons who are at least 21 years old, and that age verification will be required upon receipt of your wine. No wine will be delivered to visibly intoxicated persons and any person unable to provide age verification will forfeit their right to receive the shipment until identification is produced. In such circumstances, the order may either be held in storage at a local depot of the shipping company until appropriate identification is produced, or shipped back to the winery. All associated costs will be the responsibility of and be charged to the customer.

You will be charged the applicable sales tax, if any, assessed by your state for any shipment that Rempfer Cellars makes; otherwise California sales tax will be assessed on the sale. Shipping and handling costs for wine will appear in the shopping cart before you complete your transaction. The carrier and service speed may vary by state and time of year, and Rempfer Cellars cannot take responsibility for the condition of any wine shipped by Ground.

SHIPPING

ALL WINES ARE SOLD IN CALIFORNIA AND TITLE PASSES TO THE BUYER IN CALIFORNIA. We make no representation to the legal rights of anyone to ship or import wines into any state outside California. The buyer is solely responsible for shipment of wines. By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to you. WINES MAY BE SOLD ONLY TO PERSONS WHO ARE AT LEAST 21 YEARS OLD. IN PLACING YOUR ORDER, YOU REPRESENT TO US THAT YOU ARE AT LEAST 21 YEARS OLD. When your wine is delivered to you, you will be required to show identification proving that you are at least 21 years of age or older. RETURNS: Under California law, it is illegal to return wines once sold, except for defective wines, which may be returned for replacement within 30 days of purchase. ***10% RESTOCKING FEE AND NON-REFUND OF SHIPPING CHARGES FOR CANCELLED ORDERS THAT HAVE ALREADY BEEN CHARGED AND/OR SHIPPED.

Wine shipments limited to the following states: AZ, AK, CA, CO, CT, DC, FL, GA, HI, ID, IL, IA, LA, MN, MO, NM, NV, NH, NY, NC, OH, OR, SC, TX, VT, VA, WA, DC. States subject to change without notice. Special restrictions may apply. For more information on direct shipping laws and explanations, you can go to www.wineinstitute.org. Please drink responsibly.

For orders shipping overnight, they must be received by 10:00 a.m. PST. For orders shipping ground, please be advised we cannot be held responsible for orders shipped ground. Wine is not meant to be shipped long distances in hot or cold weather.

Orders take 2 – 5 business days to be processed, prior to shipping. If you require delivery on a specific date, please contact us to make arrangements 916-936-4101.

Please note that all orders must be placed by persons who are at least 21 years old, and that age verification will be required upon receipt of your wine. For this reason, we suggest shipping to a business address. Returned shipments will be charged return and reshipment fees.

You will be charged the applicable sales tax, if any, assessed by your state for any shipment that Rempfer Cellars makes; otherwise California sales tax will be assessed on the sale. Shipping and handling costs for wine will appear in the shopping cart before you complete your transaction. The carrier and service speed may vary by state and time of year, and Rempfer Cellars cannot take responsibility for the condition of any wine shipped by Ground.

SHIPPING TRANSIT TIMES

California and Pacific Northwest: 1 to 3 business days
Western States: 3 to 5 business days
Mid-Western States: 5 to 7 business days
Eastern States: 7 business days

We ship wine via UPS on non-holiday Mondays, Tuesdays, and Wednesdays, and do not deliver on weekends. To maintain the integrity of our wines, and to avoid having your wine spend a weekend in a warehouse, we strongly recommend that you select UPS 2-day for all shipments outside of California. Please note if you select Ground for shipping outside of California, we cannot guarantee the integrity of our wine and will be unable to replace weather damaged items.

WEATHER HOLDS

In an effort to protect your investment, we monitor weather throughout the country on a daily basis and do not ship during times of extreme temperatures. This may result in a delay in receiving your wines.

DIRECT SHIPPING LICENSES

Due to the restrictions of many state laws, we only ship wine to those states where direct shipment is permitted by law; currently we ship to AK, CA, CO, CT, FL, GA, HI, ID, IL, IA, MI, MN, MO, NE, NV, NH, NM, NY, NC, ND, OH, OR, SC, TN, TX, VA, VT, WA, WI, WY. This list is subject to change without notice. If your state is not on this list, visit www.freethegrapes.org for more information. (Non- alcohol items can be shipped anywhere in the United States.) In addition, each state imposes limitations on the amount of wine any particular resident may receive by direct shipment. Certain states also have dry areas to which alcohol cannot be shipped, so there are certain zip codes that we cannot ship to. To ensure that you are able to order wine for direct shipment from our website, please consult the specific state requirements for your state.

DELIVERY FAILURES

If an order is miss-shipped due to incorrect order information provided by the sender, the sender is responsible for all associated fees and will be billed accordingly by Rempfer Cellars. Miss-shipments include: delivery to the wrong address, delivery intercepts, and orders returned to the winery. In the event that Rempfer Cellars or our third party fulfillment center processes an order incorrectly, we will incur the fees associated to re-route or re-ship the order for accurate delivery.*

*It is the responsibility of all Rempfer Cellars wine club members to maintain accurate membership information at all times. Changes to your membership must be submitted in writing two weeks prior to February 1, May 1 and September 1 to avoid missed-shipments of automatic wine club releases.

OUR PROMISE

Rempfer Cellars will always do its utmost to ensure timely order processing and delivery to meet or exceed customers’ expectations. With this commitment, we appreciate your understanding of factors out of our control and actions taken outside of the policies listed above to accommodate customer requests. We reserve the right to change our shipping policies and procedures at any time to accommodate our team, fulfillment partners, and customers.

Government Warning: (1) According to the surgeon general, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car of operate machinery.

Local delivery: Please contact Jeff Rempfer to arrange a local delivery – jeff@rempfercellars.com.

Shipping: Available through UPS.

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Rempfer Cellar Wines

Fire is created when all of the elements come together perfectly called the Tetrahedron. We use this same principal in producing and blending our wines!

Jeff Rempfer

Folsom, California 95630
jeff@rempfercellars.com