TERMS & CONDITIONS
LAST UPDATED: March 28, 2018
Welcome to the embrazen.com website. This website (‘Site’) is owned by Treasury Wine Estates (‘TWE’, ‘We’ or ‘Us’). The following website terms and conditions (‘Terms and Conditions’) govern the Site. We reserve the right to amend the Terms and Conditions from time to time and advise you to read these Terms and Conditions prior to every purchase from the Site.
You may only use this Site if you are aged 21 years or over or otherwise over the legal drinking age in your country of residence. If you are not of legal drinking age, please exit this Site immediately.
LINKS TO THIRD PARTY SITES
The data, images and information (collectively, ‘Intellectual Property’) appearing on this Site (including but not limited to names, trademarks, logos and copyrighted material) are owned by us, our related companies or third party licencors. You agree not to reproduce, sell, distribute, publish, broadcast, circulate or commercially exploit the Intellectual Property in any manner, unless expressly permitted by us in writing or, in the case of copyright material, as permitted by federal copyright laws. All rights not expressly granted here are reserved to Treasury Wine Estates Americas Company.
You agree to not use any computer program tools including but not limited to web spiders, bots, indexers, robots, crawlers harvesters or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (collectively, ‘Tools’) to access acquire, copy or monitor any portion of the website or content, reproduce or circumvent the navigational structure or presentation of the Site or any content, obtain or attempt to obtain materials, documents or information through any means not purposely made available through the website. Tools that access or use the Site shall be considered agents of the individuals who control or author them.
This Site is provided to you on an “AS IS” and “WITH ALL FAULTS” basis. This means that despite our best efforts, the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. TREASURY WINE ESTATES AMERICAS COMPANY (‘TWE’) MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL TWE BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOST PROFITS OR GOODWILL RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS OR COMPUTER VIRUSES, IRRESPECTIVE OF WHETHER TWE KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND THIRD PARTY CLAIMS. IF THE WARRANTY EXCLUSION OF LIMITATION OF LIABILITY OUTLINED IN THESE TERMS AND CONDITIONS IS DETERMINED BY COURT JUDGMENT OR ARBITRATOR’S WRITTEN OPINION TO BE UNENFORCEABLE, YOU AGREE THAT TWE’S LIABILITY WILL NOT EXCEED TWENTY FIVE DOLLARS ($25.00) USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TRANSACTIONS ON SITE
If you use this Site to purchase goods from us, we may require that you open an account and create a username and password. You are responsible for the confidentiality and use of your password. You agree to notify us immediately if you become aware of (a) any loss or theft of your username or password or (b) any unauthorized or illegal use of your username or password.
You understand and agree that we may comply with law enforcement requests or subpoenas regarding the use of the Site. Wherever possible, these Terms and Conditions will be governed by the laws and regulations of the state of California.
We will replace any bottle of wine that is damaged, flawed, or otherwise deemed to be unsatisfactory. We may request that the customer return the unfinished portion of the original bottle for replacement along with any shipping materials and a copy of the purchase receipt. Please contact us at (877) 774-9463 or [email protected] for assistance.
ORDER AND SHIPPING INFORMATION
Orders are processed Monday through Friday 9 am to 4 pm. Orders placed during processing hours may take up to two days to ship. Order placed on weekends and holidays may take up to an additional 3 days to ship.
Completed orders for express service placed during business hours ship within 24-48 hours.
Customers requiring specialized delivery service are encouraged to call us directly for assistance in placing the order.
Based on state availability, shipments are handled by UPS or FedEx. Unless designated by the customer, most orders are shipped via ground service.
Wine shipments require an adult (21 years or older) signature at the time of delivery. No wine will be delivered to a visibly intoxicated person, and any person unable to produce age verification forfeits their right to receive the shipment until identification is produced. In such circumstances, the order may be held in storage at a local depot until appropriate identification is produced, or it may be shipped back to us in original condition, restocked, and the purchase price refunded.
All costs associated with the returns due to unsuccessful delivery attempts will be charged to the customer.
Shipping charges include costs for third party transit and all product-handling costs. Orders are shipped following credit card authorization and settlement.