terms and conditions

 

Welcome to www.laileywinery.com. Please note, the term ‘Lailey Winery’, ‘us’, ‘we’, or ‘our’, refer to the owner of this site, and the term ‘you’, ‘your’ or ‘yourself’ refers to the person viewing our site.
By continuing to browse our site, you are agreeing to the following terms and conditions:

Lailey Winery Ltd. (hereinafter referred to as “us”, “we”, “Lailey Winery” and/or “Lailey”) is pleased to provide this website (the “Site”) for your personal, non-commercial use and enjoyment of visitors who are of legal drinking age. We have established these Terms and Conditions so that you will know what is expected from us and we will know what to expect from you. By using the Site, you must be of legal drinking age from your jurisdiction, agree to be legally bound by the terms set out below, and to comply with all applicable laws and regulations.

 

We are pleased to offer you certain programs on the Site, namely the Lailey Winery Online Shop and Wine Clubs (collectively, the “Programs”) that are also subject to the terms set out below.

 

IF YOU ARE NOT OF LEGAL DRINKING AGE IN YOUR JURISDICTION, DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH TERMS BELOW, OR IF YOU LIVE IN A COUNTRY WHERE CONSUMPTION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. DO NOT USE THIS WEBSITE AND DO NOT PARTICIPATE IN THE PROGRAMS LISTED.

 

We take great pride in our Site and Programs. Every effort has been made to help ensure that the information contained on the Site is correct.  Unfortunately, however, there may sometimes be information on the Site that contains typographical errors, inaccuracies, or omissions – including those that may relate to product descriptions, pricing, promotions, offers, and/or availability.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, including these terms and conditions, or modify or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order) and will be effective immediately upon its posting to this site.

TRADEMARK & COPYRIGHT

Everything you see or read on this site is copyrighted unless otherwise noted. They are either owned by or used with permission by Lailey Winery. They may not be duplicated or distributed in any form without preceding written permission from Lailey Winery. Your use of any of the logos, service marks, designs, and other intellectual property displayed on this site and any other content on this site is strictly prohibited except only and to the limited extent expressly permitted in these terms and conditions.

The content provided on our site is for your general information purposes only. We reserve the right to periodically update and make changes within our site without notice, however, we make no guarantee that the information provided on this site is accurate and up-to-date and therefore accept no liability for such inaccuracies. By browsing our site, you are agreeing to check these terms regularly to make yourself aware of any changes.

 

PROMOTIONS

We may make various promotional offers from time to time on the Site. Some offers may be informational, Site-based only, and may not be otherwise available as an in-store offer or promotion. Similarly, not all offers and/or promotions available in-store may be available on the Site. We ask that you review the guidelines associated with each special offer, as they will differ.

For any of our offers, in the event we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate altogether the coupon or offer. We may also offer our customers the opportunity to participate in contests, sweepstakes, or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.

VERIFICATION

All orders are subject to verification at any time and for any reason.  We reserve the right, in our sole discretion, to require proof of identity: (i) for the purposes of verifying the legitimacy of any order or other information; (ii) for compliance with all applicable laws; or (iii) for any other reason we deem necessary, in our sole discretion, for the purposes of facilitating or fulfilling an order.

OUR RIGHTS REGARDING ORDERS

Without limiting the generality of these terms & conditions, we reserve the right to limit or refuse any order you place with us through the Programs. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering, and/or any other violation of these terms & conditions. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing address.

COMMUNICATIONS TO CUSTOMERS REGARDING ORDER STATUS

We reserve the right to contact you via your preferred method of communication selected at the time you set up your Account for matters related to your order such as availability of product or to let you know the order is available for pick-up or has been shipped. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.

ORDER PAYMENT

You will only be charged for the actual items included in your order, less any redemption of promotional codes or other promotional deductions. If you fail to pay any applicable fees or charges when due, we reserve the right to charge such amount directly to the credit card or other payment method provided by you at the time you submitted your order. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in our efforts to collect any unpaid balances from you.

PRICING AND AVAILABILITY

Sales are on a first-come, first-serve basis and are subject to availability. The prices shown on this Site at the time of order may differ from in-store prices and vice versa. Any applicable taxes and shipping will be calculated and displayed when completing checkout and prior to submission of your order. Once you submit your order, the prices of items where applicable are guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price for a particular item. Although we make our best effort to ensure pricing is accurately reflected for each item on the Site, it is always possible that some of the products listed on the Site may be incorrectly priced. In those circumstances, we reserve the right to apply the correct current price to the item at checkout. If you are not satisfied with the current price, you have the right to remove the product from your order.

PRODUCT INFORMATION

We may provide you with recipes, health tips, nutritional and labeling information, and other information regarding our products, to enhance your shopping experience. This information is general in nature and does not constitute medical or professional advice. Always consult a certified medical or health professional about the information you find on the Site, in-store, or in other materials we may provide prior to purchasing any product, or before you embark on any diet, exercise, or lifestyle change.

SAFE SHOPPING

Your safe and secure online shopping experience is our top priority. As such, we routinely monitor the Site for suspicious activity. However, the transmission of data or information over the internet or other forms of networks may not be secure and is subject to possible loss, interception, or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise on or within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

CONFIDENTIALITY

Through your accessing or usage of this site, Lailey Winery is able to and may in fact gather certain information about you and your web site usage. In so doing, Lailey Winery will comply with the related Online Privacy Policy.

 

SUBMISSIONS/USE OF INFORMATION

Lailey does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations, and the like. Should you ignore this policy and submit an idea to Lailey, you agree that the idea becomes and remains the sole and exclusive property of Lailey without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favor of Lailey.

Any communication or material you transmit to Lailey Winery through this site by electronic mail or otherwise, including but not limited to feedback, data, questions, comments, photos, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Lailey, and your submission of information shall constitute an assignment to Lailey of all worldwide rights, titles, and interests in such information. Lailey will not be liable for any use or disclosure of such information. Lailey will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose, and distribute the information to others without limitation. Lailey will be free to use any ideas, concept, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, publishing, manufacturing, and marketing products that incorporate, or otherwise rely upon such information.

 

LINKED SITES

If and to the extent that any other sites on the World Wide Web are linked to this site at any time, Lailey Winery is not responsible for the content of any such linked site or any link contained within such a linked site. Lailey Winery reserves the right to terminate any link or linking program at any time and the linking of any site to or through this site does not imply any endorsement by Lailey Winery of the companies, products, or information offered, described, or otherwise made available on or through such linked sites. If you decide to access any site linked through or to this site, you do so entirely at your own risk.

 

APPLICABLE LAW

For all Canadian residents, to the extent permitted by the applicable law, you agree that the laws of the Province of Ontario, Canada govern any use of this Site and the Programs, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this Site, material from this Site or the Programs. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.

 

DISCLAIMER

Your use of this Site, material from this Site, and the Programs is at your own risk.

To the extent permitted by the applicable law, neither Lailey, any of its agents, nor any other party involved in creating, producing, or delivering this Site or the Programs is liable for any damages whatsoever arising out of your access to, or use of, this Site, any material from this Site, any products offered on this Site or the Programs. Without limiting the foregoing, this Site, the material provided on this Site, the products offered on this Site and the Programs, are provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

LAILEY MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

LAILEY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE OR THE PROGRAMS. YOU EXPRESSLY ACKNOWLEDGE THAT LAILEY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AND THE PROGRAMS AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LAILEY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

The content provided on our site is for your general information purposes only. We reserve the right to periodically update and make changes within our site without notice however, we make no guarantee that the information provided on this site is accurate and up-to-date and therefore accept no liability for such inaccuracies. By browsing our site, you are agreeing to check these terms regularly to make yourself aware of any changes.

There may be links to third party sites on the Lailey Winery website. Having these links does not indicate that we are endorsing or promoting these sites, and by clicking the links you are doing so at your own risk. Lailey Winery’s Privacy Policy and Terms and Conditions do not apply to these sites therefore, we do not accept any liability for these third-party sites.

Any wine purchased through our site is not for resale. By viewing our site, it is our assumption that you are at least 19 years of age (or of legal drinking age in your region/country), if you are not of age please refrain from using our site. You must be 19 or older to purchase wine on our site. Any wine delivered to your home or business must be signed for by a person aged 19 or older.

If you do not agree to these terms, we kindly ask that you refrain from using our site.