Terms and Conditions Last updated: January 4th, 2021 Please read these terms and conditions carefully before using Our Service. Interpretation and Definitions ———————————————————– Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms and Conditions: Mizel Estate referred to as either “Mizel”, “We”, “Us” or “Our” in this agreement) refers the ownership and operations of Mizel Estate LLC and/or Mizel Vineyards LLC including those occurring on the property located at 1050 West Potrero Road in the County of Ventura, State of California, U.S.A. and at various other locations as permitted by law. Venue refers to County of Ventura, State of California and United States of America. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Event Coordination refers to an activity conducted by Mizel subject to separate agreements, terms and conditions which control all transactions conducted by, with and for this activity. Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service. Goods refer to the items offered for sale on the Service. Mizel Wine Club refers to a business subject to separate agreements, terms and conditions which control all transactions conducted by, with and for this business to the extent that they differ from these general terms and conditions of the website. Orders mean a request by You to purchase Goods from Us. Promotions refer to contests, sweepstakes or other promotions offered through the Service. Service refers to the Website. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the agreement between You and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to the on-line presence of Mizel, accessible from www.mizelestate.com You means the individual(s) accessing or using the Service, or the company, or other legal entity on behalf of which such individual(s) is accessing or using the Service, as applicable. Acknowledgment ___________________________________________ These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Mizel. These Terms and Conditions set out the rights and obligations of all users regarding the use of this Service. Your access to and use of this Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use this Service. By accessing or using this Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access this Service. Your access to and use of this Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Mizel. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Placing Orders for Goods ___________________________________________________ By placing an Order for Goods through this website. You warrant that You are legally capable of entering into binding contracts. Your Information If You wish to place an Order for Goods available on this Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. Order Cancellation We reserve the right to refuse or cancel Your Order at any time. This could be due to any variable including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
- We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order. If bottles are broken or damaged during shipment, claims must be made within 14 days of receipt of goods by contacting Us at [email protected] and complying with all instructions provided. Dissatisfaction with the labeling, bottle type, taste, refinement, quality of the wine, or any similar issues shall not result in a refund but may be reviewed on a case by case basis. Availability, Errors, and Inaccuracies We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Currently, we are permitted to deliver Goods within the States of California, Florida, Maine, New York, and Washington. For inquiries regarding other States, please contact us at [email protected]. These services are not available outside of the United States of America. Prices Policy Mizel reserves the right to revise its prices at any time prior to accepting an Order. Shipping and other related costs quoted may be revised by Mizel subsequent to accepting an Order in the event of any occurrence affecting delivery caused by weather conditions, government action, [increased shipping charges, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order. Payments All Goods purchased are subject to a one-time payment. Payment can be made through our online portal via credit card. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. Promotions Any Promotions made available through this Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. User Accounts When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Intellectual Property The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of Mizel. The Service is protected by copyright, trademark, and other laws of the State of California, the United States, and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent. Your Feedback to Us You assign all rights, title, and interest in any Feedback You provide to Mizel. If for any reason such assignment is ineffective, You agree to grant Mizel a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. Links to Other Websites Our Service may contain links to third-party websites or services that are not owned or controlled by Us. We have no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Mizel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. Termination We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use this website will cease immediately. Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of and any of its suppliers under any provision of these Terms and Conditions, Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service. To the maximum extent permitted by applicable law, in no event shall Mizel or its suppliers ever be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, property damage, damage to reputation or credit, attorney, expert or consultant review fees or costs, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Mizel or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. “AS IS” and “AS AVAILABLE” Disclaimer The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Mizel on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Mizel provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither Mizel nor any of its provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on our behalf are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Governing Law The laws of the County of Ventura, State of California, and the United States of America, excluding its conflicts of law rules, shall govern these Terms and conditions and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Disputes Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Mizel. Any further actions must occur in Our local venue. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach. Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is a material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms or conditions taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. Contact Us If you have any questions about these Terms and Conditions, You can contact us: By email: [email protected]
