Terms of Use Agreement

 

Welcome to PatagoniaProvisions.com (the “Patagonia Provisions Website”). The Patagonia Provisions Website is hosted by Patagonia Provisions, Inc. and its parent, subsidiaries and affiliates (collectively, “Patagonia Provisions”, “we” or “us”).

By using the Patagonia Provisions Website, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using the Patagonia Provisions Website, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the Patagonia Provisions Website. In addition, when you use any current or future version of the Patagonia Provisions Website, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Patagonia Provisions Website following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

Privacy

Please review our privacy policy, which also governs your use of the Patagonia Provisions Website, to understand our privacy practices. The terms and conditions of our privacy policy, which are set forth above, are incorporated herein and made a part of this Agreement.

Orders

Patagonia Provisions does sell products that may be used or consumed by children, but it does not sell products to children. Patagonia only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Patagonia Provisions reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Patagonia Provisions believes that user conduct violates applicable law or is harmful to the interests of Patagonia Provisions or its affiliates.

Trademarks

Patagonia Provisions® is a registered trademark of Patagonia Provisions, Inc. in the United States and other countries. The following marks indicated on the Patagonia Provisions Website are trademarks or registered trademarks of Patagonia, Inc. in the United States and other countries:
patagonia.com®, Patagonia®, The Cleanest Line®, The Footprint Chronicles®.

The following trademarks are registered by third parties: 1% For The Planet®, registered trademark of 1% For The Planet, Inc.; Facebook®, registered trademark of Facebook, Inc.; Google®, registered trademark of Google, LLC.; Twitter®, registered trademark of Twitter, Inc.; Vimeo®, registered trademark of Vimeo, Inc.; YouTube®, registered trademark of Google LLC..

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Patagonia and/or Patagonia Provisions or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Patagonia and/or Patagonia Provisions or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Patagonia Provisions Website confers on you any license or right under any patent or trademark of Patagonia and/or Patagonia Provisions or any third party.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Patagonia Provisions Website, and the selection, coordination, and arrangement of such content, are owned by Patagonia and/or Patagonia Provisions or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Patagonia Provisions Website for any purposes. Nothing stated or implied on the Patagonia Provisions Website confers on you any license or right under any copyright of Patagonia Provisions or any third party.

The Patagonia Provisions Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Patagonia Provisions Website, or use the contents of the Patagonia Provisions Website in litigation, or for any commercial or promotional purposes, without the express written consent of Patagonia Provisions or its lawful successors and assigns. For usage permission, Contact Us.

Notice of Copyright Infringement

Patagonia Provisions respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Patagonia Provisions Website, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

If you believe that your work has been copied and is accessible on the Patagonia Provisions Website in a way that constitutes copyright infringement, please provide Patagonia Provisions’ Copyright Agent with the following information:

Patagonia Provisions’ Copyright Agent for notice of claims of copyright infringement on the Patagonia Provisions Website is Patagonia’s General Counsel, who can be reached as follows:

Patagonia, Inc.
Attn.: General Counsel
259 W. Santa Clara Street
Ventura, CA 93001
Email: privacyandterms@patagonia.com

License and Access to Patagonia Provisions Website

Patagonia Provisions grants you a limited license to access and make personal use of the Patagonia Provisions Website and not to download (other than page caching) or modify it, or any portion of them, except with express written consent of Patagonia Provisions. This license does not include any resale or commercial use of the Patagonia Provisions Website or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Patagonia Provisions Website or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Patagonia Provisions Website nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Patagonia Provisions. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Patagonia Provisions and our affiliates without express written consent. You may not use meta tags or any other hidden text using Patagonia Provisions’ name or trademarks without the express written consent of Patagonia Provisions. Any unauthorized use terminates the permission or license granted by Patagonia Provisions.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Patagonia Provisions so long as the link does not portray Patagonia Provisions or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Patagonia Provisions logo or other proprietary graphic or trademark as part of the link without express written permission.

Third Party and Co-Branded Web Sites

The Patagonia Provisions Website may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than Patagonia Provisions (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from Patagonia Provisions to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from the Patagonia Provisions Website. PATAGONIA PROVISIONS IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the Patagonia Provisions Website, and such further limitations as may be set forth in any written or on-screen notice from Patagonia Provisions. As a condition of your use of the Patagonia Provisions Website, you warrant that you will not use the Patagonia Provisions Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Patagonia Provisions Website or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Patagonia Provisions or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

By using the Patagonia Provisions Website, you agree not to violate or attempt to violate the security of the Patagonia Provisions Website, including, without limitation, actions such as:

• Accessing data not intended for you or logging into a server or account that you are not authorized to access;
• Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Patagonia Provisions Website;
• Sending unsolicited email, including promotions and/or advertising of products or services, and
• Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss

All products purchased from the Patagonia Provisions Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Patagonia Provisions. Title to products purchased on the Patagonia Provisions Website, as well as the risk of loss for such products, passes to you when Patagonia Provisions delivers these items to the carrier.

Product Information

Patagonia Provisions attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of the Patagonia Provisions Website are accurate, complete, reliable, current, or error-free. Most Patagonia Provisions products displayed on the Patagonia Provisions Website are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Patagonia Provisions Website may not be available in retail stores. Unless otherwise stated, the prices displayed at the Patagonia Provisions Website are quoted in U.S. Dollars.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Patagonia Provisions Website. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee that your monitor’s or device’s display of any color will be accurate.

The Patagonia Provisions Guarantee

Patagonia Provisions guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to Patagonia Provisions for replacement, or refund in accordance with Patagonia Provisions’ returns policy. Returns are accepted within 30 days of purchase.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THE PATAGONIA PROVISIONS WEBSITE ARE PROVIDED BY PATAGONIA PROVISIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATAGONIA PROVISIONS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PATAGONIA PROVISIONS WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE PATAGONIA PROVISIONS WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE PATAGONIA PROVISIONS WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE PATAGONIA PROVISIONS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE PATAGONIA PROVISIONS WEBSITE WILL BE CORRECTED; OR THAT THE CONTENT ON THE PATAGONIA PROVISIONS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE PATAGONIA PROVISIONS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PATAGONIA PROVISIONS WEBSITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATAGONIA PROVISIONS DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL PATAGONIA PROVISIONS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PATAGONIA PROVISIONS WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PATAGONIA PROVISIONS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE PATAGONIA PROVISIONS WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO PATAGONIA PROVISIONS THROUGH THE PATAGONIA PROVISIONS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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 MAY HAVE ADDITIONAL RIGHTS.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to Patagonia Provisions or to products you purchase through Patagonia Provisions shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Patagonia Provisions’ intellectual property rights, Patagonia Provisions may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to defend, indemnify, and hold harmless Patagonia Provisions and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Patagonia Provisions arising out of or relating to your use of the Patagonia Provisions Website, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions

We may discontinue the Patagonia Provisions Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Patagonia Provisions Website at any time for any reason, without notice. We may discontinue or restrict your use of the Patagonia Provisions Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Patagonia Provisions as a result of this Agreement or your use of the Patagonia Provisions Website. Nothing contained in this Agreement is in derogation of Patagonia Provisions’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Patagonia Provisions Website or information provided to or gathered by Patagonia Provisions with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Patagonia Provisions to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding the Patagonia Provisions Website and their content, and supersedes any prior or contemporaneous communications between Patagonia Provisions and you regarding the Patagonia Provisions Website and their contents.

All rights not expressly granted herein are hereby reserved.

Considerations for Non-U.S. Customers

Patagonia Provisions’ headquarters are located in the United States, and the Patagonia Provisions Website is based in the United States. Please be aware that information you provide to us, or that we obtain as a result of your use of the Patagonia Provisions Website, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Patagonia Provisions Website, or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to and in the United States.

EFFECTIVE DATE: November 14, 2013

Forest Ferments, LLC

Terms and Conditions

Forest Ferments, LLC is a retailer of wine based in Ventura, California (hereafter "Forest Ferments," "we," "us," or "our"). We offer specially selected wines or other alcoholic beverage products from various wineries and producers. We are not owned by Patagonia Provisions, but sell our wines through the Patagonia Provisions Website. In addition to applicable provisions of Patagonia Provisions' Website Terms of Use Agreement and Privacy Policy, our Terms and Conditions also apply to the purchases of such alcoholic beverages by you. Your use of the Patagonia Provisions website (including mobile versions, platforms, or applications, hereafter collectively "Website") including but not limited to the placing of orders of products sold by Forest Ferments constitutes your acceptance of these Terms and Conditions and your agreement to be legally bound by them. If you do not agree with any of these Terms and Conditions, or applicable provisions of Patagonia Provisions' Website Terms of Use Agreement and Privacy Policy, then do not access or otherwise use this Website or any materials or information contained thereon.

1. Age Restriction for Sale of Alcoholic Beverages

Forest Ferments does not sell alcoholic beverages to persons under the age of 21. By using this Website and/or our other services you are representing, certifying, swearing and affirming that you are at least 21 years of age and legally authorized to purchase, possess and consume alcoholic beverages and that the person receiving a shipment of alcoholic beverages is over the age of 21. Individuals under the age of 21 should not use the Website and/or services. Any order attempted to be placed by or shipped or delivered to an individual under the age of 21 is void. We make appropriate efforts to help ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. If we become aware that you intentionally or unintentionally misrepresent your age to place an order or to provide alcoholic beverages to a person under the age of 21, we may take appropriate steps to protect our legal rights, including, but not limited to, seeking your prosecution to the full extent allowable by law.

2. Alcoholic Beverage Sales Are Between You and Forest Ferments; Order Acceptance/Processing

All alcoholic beverage sales on this Website are made by and between you as purchaser and Forest Ferments, LLC ("Forest Ferments"), and are subject to acceptance and approval by Forest Ferments. Forest Ferments reserves the right to reject or cancel any order, to limit quantities on any order, and/or cease selling to any purchaser or in any State or region. If an order is rejected or cancelled, an attempt will be made to notify you by using the e-mail address you provided with the order. Your credit or debit card will normally not be charged if an order is rejected, but a refund will be processed if the charge has been made against your card.

You agree that any alcoholic beverages purchased by you from Forest Ferments is intended for personal consumption and not for resale.

The posting or advertisement of any alcoholic beverage product for sale on the Website is an opportunity for you to submit an order to purchase the product at the posted or advertised price. Your submission of an order for any product will be considered an offer to purchase the product at the posted or advertised price. Your order or offer to purchase the product will not be considered accepted until the product is shipped to the indicated destination. Forest Ferments reserves the right to reject or cancel an order at any time for any reason in its sole discretion. In most instances where an order is rejected or cancelled, such rejection or cancellation will occur prior to your credit card being charged. However, in the event that we reject or cancel your order after your credit card already has been charged, a credit will be issued back to your credit card account in the amount of the applicable charge. Your banking or credit card institution will control when the amount is credited to your account.

For any order that is submitted, you will receive an order confirmation by e-mail indicating that your order has been received. As explained above, this order confirmation does not constitute Forest Ferments’ acceptance of your order or offer to purchase the product.

 

3. Geographic Considerations; Proposition 65 and BPA Warning

Subject to state and local law including counties or area designated "dry," alcoholic beverages may only be purchased by and shipped to consumers age 21 years or more and in the following: Alaska, California, Connecticut [XXXXX], Florida, Louisiana, Nebraska, New Hampshire, New Mexico, North Dakota, Oregon, Virginia, Washington D.C., West Virginia and Wyoming.

Sales and shipment alcoholic beverages are subject to laws and regulations which may prohibit or limit sales including the amount of wine that may be ordered and shipped.

In addition, for sales in California, the following apply:

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects.  For more information go to www.P65Warnings.ca.gov/alcohol.

WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.

4. Title, Ownership and Transportation

All alcoholic beverage products purchased by you are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Forest Ferments. Title to products purchased through this Website, as well as the risk of loss for such products, passes to you when these items are delivered to the carrier.

Title to, and ownership of, all alcoholic beverage products passes from Forest Ferments to you, the purchaser, at Forest Ferments or its agent(s)' facility and purchaser takes all responsibility for shipping it from such facility to its destination, whether in California or another state to which its transportation, shipment and delivery is legally permitted. By arranging for transportation of the alcoholic beverage products, Forest Ferments is providing a service to, and acting on behalf of the purchaser.

5. Product or Item Pricing

Subject to applicable law, Forest Ferments has the sole authority to determine the retail prices for any alcoholic beverage products that it sells. The advertised retail price for any alcoholic beverage product will reflect the final retail sales price prior to the imposition of applicable sales tax and delivery fees. Forest Ferments reserves the right, at any time, in our sole discretion and without advance notice, to change our prices and billing methods for products or items sold, effective immediately upon posting on the Website (including mobile version of site) or by e-mail delivery to you.

6. Pricing Errors

Subject to applicable law, Forest Ferments is not responsible for any typographical errors or incorrect prices appearing on the Website regarding any products, items, or services. Errors will be corrected if, when and where discovered. Forest Ferments reserves the right in its sole discretion to: (i) refuse, reject or cancel orders placed for any product, item, or service advertised at an incorrect price or involving incorrect information or typographical errors; and (ii) reject or cancel any such order, regardless of whether your order has been confirmed and/or your credit card has been charged. If your credit card was charged and your order is subsequently rejected or canceled, a credit will be issued back to your original credit card account in the amount of the charge. Your banking or credit card institution will control when the amount is credited to your account.

7. Quantity Limits

Forest Ferments may, in its sole discretion, place minimum order sizes and maximum order limits on the quantity of alcoholic beverage products that may be purchased per customer or household. The imposition of quantity limits sometimes becomes necessary, for example, when the demand for particular products or items is greater than the available supply, and provides a mechanism by which we can attempt to more equitably distribute those products or items. Regardless of whether notice of a quantity limit was previously posted, Forest Ferments reserves the right in its sole discretion to modify, reject, or cancel orders that exceed any applicable quantity limit that is imposed.

8. Sales Tax

All sales made by Forest Ferments are subject to the applicable state and local sales tax that are in effect at the time of the transaction. The applicable state and local sales tax will be calculated and added to orders at the time of checkout. In some jurisdictions shipping and handling fees for alcoholic beverage products may be subject to sales tax.

9. Delivery

Delivery Arrangements: All persons purchasing or receiving alcoholic beverages must be at least 21 years of age. Based on laws applicable for delivering alcoholic beverages, an adult (age 21 years or older) signature must be provided in person at the time of delivery to a customer’s supplied residence or business address. Verification of age is required in person at the time of delivery. Failure to produce age verification forfeits the right to receive the shipment until identification is produced. In the event that, after your order has been placed, you determine that it is not possible to have an individual over the age of 21 present to sign for your package at the time of delivery, you may contact us by phone at 1-415-729-9956 between 8am-4pm Monday – Friday PST (Pacific Time). Our office is closed on alternating Fridays, so if you have any trouble reaching us, please call our customer service line 415-729-9956. Please include your order number (1234) in all correspondence to request to have your package redirected to the extent possible. Other costs or fees may apply for redirecting delivery of your package.

Delivery Dates: Alcoholic beverages are shipped from our climate-controlled Napa warehouse and distribution center once a month, so please note that while our goal is to process and ship all accepted orders as promptly as possible, accepted orders might not ship for at least 30 days from when you submit an order. We will keep you posted on expected shipment and delivery dates please understand that exact shipment and delivery dates are not guaranteed.

There are other several factors that also may contribute to when you will receive your order once it has shipped, including distance to delivery destination, holidays, and/or periods of extreme weather conditions. We reserve the right to delay shipments of orders based on weather conditions to help ensure safe storage and transportation of your wine and help prevent it from sitting in an uncontrolled temperature environment for an extended period of time.

UPS Order Tracking: Once you have received the UPS tracking number that is provided to you with your shipping confirmation email, you may track your order through the UPS tracking site, https://www.ups.com/tracking/tracking.html.

Shipping Costs: Shipping costs are calculated at the end of the ordering process on the Website with costs determined based on weight/quantity and the delivery location.

10. Returns or Replacements

All sales are final and we do not accept returns or exchanges or make replacements except in the following limited circumstances:

Alcoholic Beverages Damaged in Shipment. If you receive your wine and it has been damaged during shipment, please email us at replies-provisions@patagonia.com, or call us at 1-415-729-9956 between 8am-4pm Monday – Friday PST (Pacific Time). Our office is closed on alternating Fridays, so if you have any trouble reaching us, please call our customer service line (415-729-9956). Please include your order number (1234) in all correspondence within 3 days of receiving the shipment. Please include in your email a description of the damages and attach pictures if possible, including of the wine and packing materials. This information is needed to help us file a claim on your behalf with the shipping carrier and also is helpful to us in ensuring that our products are packaged and shipped properly. We will send you an email confirmation of our receipt of your notification and then follow-up with you as to the status of your request. We reserve the right to either refund the purchase price or replace the damaged items in our discretion. We will notify you of the approval or rejection of your request. If you are approved for a refund for damaged items, it will be issued as a credit back to your credit card account in the amount of the charge. Your banking or credit card institution will control when the amount is credited to your account. If your damaged wine is approved for replacement we will keep you posted on expected shipping and delivery times but please understand that exact shipment and delivery dates are not guaranteed.

Incorrect Items in Your Shipment. If the contents of your delivery does not match your order, please email us at wine@tastingmerchants.com or call us at 1-415-729-9956 within 3 days of receiving the shipment and before opening or using the bottle(s) so we can review and address the situation in our discretion.

Defective Bottles in Your Shipment. In the event that you receive bottles in your order that are defective and/or where the wine is spoiled, deteriorated, contaminated, or otherwise unfit for human consumption, please promptly email us at please email us at replies-provisions@patagonia.com, or call us at 1-415-729-9956 between 8am-4pm Monday – Friday PST (Pacific Time). Our office is closed on alternating Fridays, so if you have any trouble reaching us, please call our customer service line (415-729-9956). Please include your order number (1234) in all correspondence so we can review and address the situation in our discretion.

11. Disclaimer of Warranties and Limitations on Liability.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREST FERMENTS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREST FERMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL FOREST FERMENTS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATES OR JURISDICTIONS 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 MAY HAVE ADDITIONAL RIGHTS.BY USING THE WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES, YOU ACCEPT THE INFORMATION PROVIDED ON THE WEBSITE AND/OR THE PRODUCTS, ITEMS AND/OR SERVICES OBTAINED OR PROVIDED THROUGH OUR WEBSITE OR OUR OTHER PLATFORMS OR SERVICES IS PROVIDED TO YOU “AS IS.”

WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, IMPROPER DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTING. THE MATERIAL DISPLAYED ON OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS AND/OR WARRANTIES AS TO ITS ACCURACY OR FITNESS FOR USE. TO THE EXTENT PERMITTED BY LAW, WE AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE: THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF PRODUCTS, ITEMS AND/OR SERVICES PUBLISHED ON THE WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FOREST FERMENTS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. FOREST FERMENTS DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE AND/OR OTHER PLATFORMS OR SERVICES OR ANY LINKED SITE IS COMPLETE OR UP-TO-DATE. FOREST FERMENTS IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON OUR WEBSITE OR OUR OTHER PLATFORMS OR SERVICES OR ANY LINKED SITE. FOREST FERMENTS MAY CHANGE THE CONTENT ON OUR WEBSITE AND/OR OUR OTHER PLATFORMS OR SERVICES AT ANY TIME IN OUR SOLE DISCRETION WITHOUT NOTICE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Forest Ferments and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by Forest Ferments arising out of or relating to your use of the Website, your violation of these Terms and Conditions or the Terms of Use Agreement of the Website, or your violation of any rights of another.

13. Jurisdiction and Applicable Law

Except where prohibited by law, these Terms and Conditions, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms and Conditions will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms and Conditions were a contract wholly entered into and wholly performed within the State of California. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website from Forest Ferments shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate Forest Ferments' intellectual property rights, Forest Ferments may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

14. Miscellaneous

We may unilaterally revise these Terms and Conditions at any time without notice to you by amending this page on the Website. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms and Conditions also may be superseded by provisions or notices published elsewhere on the Website. Your continued use of the Website indicates your acceptance of any changes to these Terms and Conditions and constitutes your acknowledgement and understanding that you will be legally bound by them.

The Website may be discontinued at any time and for any reason, without notice. The Website's contents, operation, or any and all other features may be changed at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Forest Ferments as a result of these Terms and Conditions or your use of the Website. Nothing contained in these Terms and Conditions is in derogation of Forest Ferments' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Forest Ferments with respect to such use. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Forest Ferments to enforce any provisions of these Terms and Conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms and Conditions or to act with respect to similar breaches.

If any provision in these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms and Conditions and Patagonia's Term of Use Agreement is the entire and final agreement regarding the Website and their content, and supersedes any prior or contemporaneous communications between Forest Ferments and you regarding the Website and its content.

All rights not expressly granted herein are hereby reserved.

15. Questions or Concerns

If you have any questions or concerns about the above, please contact us via email at replies-provisions@patagonia.com.

Last Updated: October 20, 2021