Terms of Use

Last modified:Jan 20 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Craft & Elegance, LLC (“Craft & Elegance”, “Company”, “we”, “us” or “our”). The following terms and conditions (“Terms of Use”) govern your access to and use of www.craftandelegance.com (the “Website”) including any content, functionality, products and services offered on or through the Website and including any subscriptions or purchases made on or through the Website or from us.

Please read the Terms of Use carefully before you start to use the Website. By using the Website (or by clicking to accept or agree to the Terms of Use when this option is made available to you) or making any purchases from us, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://craftandelegance.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or make any purchases.

This Website is offered and available to users who 21 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 
Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service, product or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  Making all arrangements necessary for you to have access to the Website; and
  Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use or if it is necessary to protect our or our users’ rights or property.

 
Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, logos, marks, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website and our services will stop immediately. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
 
Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  In any way that violates any applicable federal, state, local, or international law or regulation.
  For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by purchasing alcohol for minors, asking for personally identifiable information, or otherwise.
  To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
  To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or our services, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
  Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  Use any device, software, or routine that interferes with the proper working of the Website.
  Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  Otherwise attempt to interfere with the proper working of the Website.

 
Enforcement and Termination

We have the right to terminate or suspend your access to all or part of the Website and/or our services for any or no reason, including without limitation, any violation of these Terms of Use. We also have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 
Purchase and Payment Terms; Returns

When you make a purchase or join one of the Craft & Elegance clubs, you agree that the Company is authorized to charge your card for each scheduled shipment. There is no fee to enroll, no cancellation fee, and no annual membership fee. For both privacy and security purposes, all payment information communicated between customers and our Website is transmitted in an encrypted format. We may use third party payment providers for payments made through the Website.

You must be 21 years or older to purchase wine or join as a member of a Craft & Elegance wine club. Because an adult aged 21 years or older (who is not intoxicated) is required to sign for wine shipments, a business address is recommended where packages can easily be signed for. Please remember that it is your responsibility to notify us of any changes to your shipping address prior to the date the wines are shipped. Any re-shipments of orders will incur subsequent freight costs. Wines purchased from us or through the Website are not for resale, and are for personal consumption only.

Subject to the shipping terms below, we will replace or refund you for any bottle of wine that is damaged, flawed or corked. We ask that customers return the unfinished portion of the original bottle for replacement. However, we are unable to accept return of wine that is ordered in error. Please send an email to lara@craftandelegance.com to arrange for the return of corked or flawed product. Once the wine is received, we will refund you or, if you prefer and if possible, we will replace the wine. If the original shipment was damaged or flawed you will receive a full refund, including shipping and handling charges. Please contact us at lara@craftandelegance.com for return instructions.

 
Geographic Restrictions and Shipping

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. Wine shipping laws and regulations are ever-changing, so your state may prohibit or restrict wine shipments. We abide by all state laws and regulations related to wine shipments, so the list of states that we may ship to could change any time. We will only ship wine to an address you provide so long as in our sole discretion we believe that such shipment will not subject us to the risk of any sort of legal action or other harm.

United Parcel Service Ground is our carrier of choice (common carrier). Ground shipping is provided by UPS Ground at current market rates. If you select an option other than Ground as the shipping type, you will be responsible for paying all shipping charges, regardless of your wine club membership or purchase amount.

Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. To preserve wine quality in transit, we may hold orders when temperatures exceed 85°F or fall below 35°F along the shipping route. If you choose to have wine shipped when we have recommended it to be held due to temperature, the Company is not responsible for, and will not replace, wine that is damaged by weather conditions during shipment. When your wine order is picked up by the common carrier for shipment, the responsibility for the wine and risk of loss becomes the responsibility of the purchaser.

 
Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, if any. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the privacy policies and terms and conditions of use for such websites.

 
DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE AND OUR SERVICES, AND ANY ASSETS AND ANY OTHER CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR OUR SERVICES, ARE ALL PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND THE COMPANY HEREBY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 
LIMITATION OF LIABILITY

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, ITS CONTENT PROVIDERS, OR ANY OF THE COMPANY’S DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, AGENTS,  SUCCESSORS OR ASSIGNS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR OUR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES AGREE THAT THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WILL NOT EXCEED THE TOTAL AMOUNT OF FEES OR OTHER PAYMENTS YOU HAVE ACTUALLY MADE TO THE COMPANY IN THE PRIOR TWELVE MONTH PERIOD UNDER THIS AGREEMENT.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 
Indemnification

You agree to defend, indemnify and hold harmless the Company, and its officers, directors, members, managers, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Website or our services.

 
Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Diego. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 
Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 
Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Craft & Elegance, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 
Your Comments and Concerns

This website is operated by Craft & Elegance, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: lara@craftandelegance.com.