' Pech Merle - Legal

Legal


privacy policy


Pech Merle Winery  ("Pech Merle Winery") recognizes the importance of protecting the privacy needs of users of pechmerlewinery.com (the "Site"), subscribers to our mailing lists, and participants in our surveys, polls, contests, sweepstakes (collectively, "Users"). The following Privacy Statement is based on our respect for our Users' privacy and describes the Personal Information (e.g. name, address, email address, phone number, etc.) we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of such Personal Information. When you provide Personal Information, you are consenting to the manner in which we will collect, use, disclose and otherwise manage your Personal Information, as set out below.


Information Collected and Used by our Site

We will only collect Personal Information which you knowingly and voluntarily provide. We may collect Personal Information that you provide us when you:

Register on the Site. Registration is an optional service provided by our Site. You do not have to register to browse on our Site, but you may have to register to (a) subscribe to a subscription list or newsletter, (b) purchase products on our Site, or (c) participate in a survey, poll, sweepstakes or contest that we are promoting. When you register, you are asked for certain Personal Information, such as your name, address, phone number and e-mail address, a password that you select, and your interests, if you choose to register them. Your registration information may be used to help make your online shopping on the Site quicker and easier, by pre-filling certain parts of your shopping information. When you register you will have the opportunity to sign up for future marketing mailings from Pech Merle Winery.

Participate in Contests, Sweepstakes, Polls or Surveys, or other Pech Merle Winery Activities; Pose a Question. When you submit a question, participate in a survey or poll, enter a contest or sweepstakes, or participate in other Pech Merle Winery Activities through our Site (collectively, "Pech Merle Winery Activities"), we may collect your Personal Information to administer your participation in such Pech Merle Winery Activity. At the time you are participating in a Pech Merle Winery Activity, we may ask your permission to send you future marketing information.


Other Ways We Collect and Use Your Personal Information

Promotional Information and Marketing Materials. We would like to inform you of products and services, sales and special offers that might benefit you. When you register online, request a newsletter or mailing list or participate in a Pech Merle Winery Activity, you will have the opportunity to sign up for e-mails about our products, services, sales and special offers. If you would like to stop receiving such promotional information from us, please see the "Marketing & Contact Preferences/Opt-out/Updating or Removing Information" section of this Privacy Statement.

Access to Personal Information by Companies that Work with or on Behalf of Pech Merle Winery. Some of our operations, such as our electronic commerce, may be managed by service providers who are unaffiliated, third party companies. These companies may share Personal Information with their affiliates and with service providers whom they engage to perform services related to our Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable, data cleansing fulfillment houses. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform these contracted for functions. We will not authorize these companies to use your Personal Information for any reason other than to provide you with specific contracted for services. For reasons of security, our Site does not store credit card information permanently on any Web server.

Other Uses of Personal Information. We may also use the Personal Information you voluntarily provide, in addition to information provided to us from our service providers, to continually assess and improve the products and services we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and information we receive from or cross-reference with our marketing partners and others. We may use that combined information to enhance and personalize your experience with our Site, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

We may also collect Personal Information about you from our service providers who provide us with e-commerce related services related to the Site. Our Web server automatically logs non-specific information about users including IP address, aggregate user data (which will not contain any Personal Information related to a single visitor), and browser type. This data is used to manage our Site, track usage and improve the Site's functionality. This non-specific information may be shared with third-parties to provide more relevant services and advertisements to users.


Sale of Business

In the event that Pech Merle Winery or some of our assets are sold or transferred or used as security, your Personal Information may be shared with third parties as part of that transaction. Lenders and business partners will be asked to maintain the same privacy as Pech Merle Winery.


Disclosures of Personal Information in Legal Proceedings

If Pech Merle Winery, the Site or any of our service providers is requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, we or the applicable service provider may, without your consent or any notice to you, provide such information.
In matters involving claims of personal or public safety, we or the applicable service provider may provide your Personal Information to appropriate authorities without your consent or court process or any notice to you. We or our service providers also may provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving Pech Merle Winery, the applicable service provider. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.


Use of Cookies by our Site

Our Site uses a technology called "cookies". A cookie is a tiny element of data that our Site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. Cookies also allow us to store Users' preferences and to record session information, for purposes including ensuring that Users are not repeatedly offered the same advertisements and to customize newsletter, mailing list, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any Personal Information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set — each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences — however, you must enable cookies from our Site in order to use most functions on our Site. Our Site may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site. These tracer tags are used to help us optimize and tailor our Site for you and other future website visitors.


links

Our Site may provide links to other Web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Pech Merle Winery and our Site are not responsible for the availability of external Web sites or resources, and Pech Merle Winery and our Site do not endorse such Web sites, their contents, advertising, products, or other materials. You further agree that Pech Merle Winery and our Site shall not be responsible or liable, directly or indirectly, for any damage, viruses or loss caused or alleged in connection with your use of content, goods or services available on an external Web site or resources. In the event you decide to access or use any other Web sites, you agree to do so at your own risk.


Marketing & Contact Preferences/Opt-out/Updating
or Removing Information

At various points during the registration process on our Site, when signing up for a Pech Merle Winery Activity, or when subscribing to a newsletter or mailing list, you may be asked to indicate your willingness to allow us to communicate with you on an on-going basis, or receive updates or notifications regarding the Service. We will honor your preferences. At any time, however, you may (a) stop the receipt of a particular promotional or notification email by clicking on an "unsubscribe" hyperlink contained in any promotional or notification emails we send you, or (b) opt out of further disclosures of your personal information to third parties or by contacting us at: Pech Merle Winery, 1083 Vine Street, no 143, Healdsburg, CA 95448 or by e-mailing us at info@pechmerlewinery.com. It may take up to six (6) weeks to modify your preferences.

Returns 

All sales are final after the purchaser takes possession of the wine. If a corked or flawed bottle is received, a replacement will be made with a comparable product. Gifted wine cannot be returned for cash or credit. 


Security

All information, including order information such as credit card number and delivery address, provided to the Site is transmitted through the Internet using SSL (Secure Socket Layer) encryption. SSL, an industry standard, is a coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. Since any order information you provide to us on the Site will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order other items through our Site. The most recent versions of Firefox® and Microsoft Internet Explorer® can support a secure connection and can be downloaded for free from the Fire Fox and Microsoft Web site respectively. We protect account information by placing it on a secure portion of our Site. We do not store credit card information permanently so you must supply the information each time you order.
Unfortunately, no data transmission over the Internet is 100% secure. Pech Merle Winery and the Site will take reasonable measures which it believes are appropriate to protect your personal information from loss, misuse, alteration or destruction, however, Pech Merle Winery cannot ensure or warrant the security of that information.


Privacy Statement Modifications

From time to time we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect future changes in our business practices. Any changes in our policies will be communicated in this page so please check back on occasion. We also may post a notice on our Site or send an email describing the changes.

This Privacy Policy was last modified on December 17, 2013 and is effective immediately.


Vintners Alliance Privacy Policy

We may contract with third party marketing companies to serve advertisements on our behalf across the Internet. They may collect non-personal information about your visits to our website, and your interaction with our products and services. They may also use non-personal information about your visits to this and other websites to target advertisements for goods and services. These targeted advertisements may appear on other websites that you visit. The anonymous information is collected through the use of technology such as Cookies and Web Beacons, which are industry standard. No Personally Identifiable Information ("PII") is collected in this process.

You may opt-out of the use of your information for tailored advertising purposes. To learn more about the use of this information or to choose not to have this information used by our third-party advertising partner by opting out, please visit the Network Advertising Initiative. If you delete your Cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.

We may share your PII and non-personal information, including your name, address, email address and any transactions you conduct on our website or offline with us with a third party advertising partner and its service providers in order to deliver tailored advertising to you that match your interests when you visit our website as well as other websites. Our advertising partner will make the data that we provide anonymous so that no one else will receive your PII.


terms & conditions of use

Thank you for visiting pechmerlewinery.com (the "Site") which is operated by Pech Merle Winery ("Pech Merle Winery", "we", "us", or "our")! Please read these Terms and Conditions of Use carefully because by using our Site, using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and when we refer to our Terms and Conditions of Use, we mean it shall include our Privacy Policy as well.


The Sale of Alcoholic Beverages

We do not sell alcohol to persons under the age of 21. By using this Site you swear and affirm that you are over the age of 21. We make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from us is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 we will prosecute you fully to the extent allowable by law.


Content and Copyright, Trademark, and Related Issues

The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.

Pech Merle Winery will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.


User Submissions

The Personal Information you submit to the Site is governed by the Site's Privacy Policy. When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type to the email address listed on the "Contact Us" link that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, including, without limitation, any personal or commercial information, idea, concept or invention (individually and collectively, "User Content"), you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that Pech Merle Winery is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Pech Merle Winery may sublicense its rights through multiple tiers of sublicenses. Pech Merle Winery, however, is under no obligation to use the User Content.


Linking / Third Party Links on Our Site

Our Site may contain links to other Web sites. Pech Merle Winery does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web sites and is not responsible for such Web sites' terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk. Please be mindful of this as you link to other sites.

In general, Pech Merle Winery does not object to links to our Site from third-party Web sites. However, you must abide by the following rules:

Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site;

Do not present the link to our Site in any way that suggests Pech Merle Winery or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with Pech Merle Winery to do so;

Link only to the home page of our Site; and

Do not, without Pech Merle Winery's written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites.

Pech Merle Winery will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of Pech Merle Winery and its products. Pech Merle Winery reserves the right to cancel permission to link at any time, for any reason.


Limitation of Liability

The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, PECH MERLE WINERY AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, Pech Merle Winery shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.


Indemnification

You agree to defend, indemnify, and hold Pech Merle Winery, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.


General

Pech Merle Winery is based in Healdsburg, California, in the United States of America. Pech Merle Winery makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.


Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Sonoma, State of California, to adjudicate and resolve any dispute with Pech Merle Winery, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content.

YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days' advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.


Copyright Violations

If you believe any materials located on the Site (e.g. Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designate copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.

2. Your name, address, telephone number and (if available) e-mail address.

3. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.

4. A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.

5. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Site is:
Pech Merle Winery  Attn: Legal Department
1083 Vine Street, no 143
Healdsburg, CA 95448


Complete Agreement

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and Pech Merle Winery regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only Pech Merle Winery has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by Pech Merle Winery.
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using contact information on "Contact Us" page.

PECH MERLE WINERY MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING

December, 2013