SHIPPING POLICY

 

Due to legal restrictions on shipments of wine and other alcoholic beverages, we are currently only shipping wine to the following states. Those states include: AL, AR,DE,KY,MS,OK,RI,UT and VT this time we do not ship any online store products outside the United States. Applicable sales tax will be added to your order at check out.

 

All alcoholic beverage orders must be placed and received by a person 21 years of age or older. All deliveries require an adult signature at the time of delivery. Failure to produce age verification upon request forfeits the right to receive the shipment until identification is produced. In such circumstances, the order will be shipped back to us at your expense.

 

You are responsible for all shipping charges unless we agree otherwise. Shipping charges will be calculated during the online ordering process. Shipping and handling charges are nonrefundable unless we sent the wrong item.In our experience, you are likely to receive a shipment sooner if an adult will be available to sign for shipments at the Ship To address during business hours. For that reason we recommend using a business address. We cannot ship to P.O. boxes. This policy was last updated May, 2016. Please see the Terms of Use for additional information.

 

 

WEBSITE USE AGREEMENT

 

Welcome to the Monolex USA Trading LLC  Web site (the “Site”). This Site is intended to provide you with information about Monolex USA Trading LLC  and with the opportunity to contact us. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to we or us or Leona Valley Winery herein refer to Leona Valley Winery and our affiliates, subsidiaries, service providers and designees as deemed appropriate by us.

 

Permitted Use

You (the user of this Site) are not permitted to view this Site unless you are 21 years of age or older. If you are younger than 21, please do not visit this Site. By accessing this Site, you are agreeing to these Terms of Use as well as the privacy policy and other legal notices, terms and policies on this Site (together referred to as Terms), and agree to use the Site only in accordance with the Terms. If you do not agree with the Terms, do not use this Site.

 

Amendment

 

We may amend or terminate any Terms at any time by posting new or revised Terms. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. If you are dissatisfied with the Site, its content or any Terms, you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and Leona Valley Winery.

 

 

Your Use of the Site

 

You have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site solely for your own personal use. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. We retain all ownership rights in the Site and in its content. Tampering with the Site, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. You are responsible for the confidentiality and use of your password(s). You agree to notify us immediately if you become aware of: a) any loss or theft of your access password(s); or b) any unauthorized use of any of your password(s).

 

 

Limitations of Our Liability

 

The Site is provided to you on an “AS IS,” AS AVAILABLE and “WITH ALL FAULTS” basis. This means that the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. We do not warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States. Monolex USA Trading LLC  MAKES AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, THE PRODUCTS APPEARING ON THE SITE OR THE SITES CONTENT. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).In addition, we also have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site. If the Site provides links to third party web sites, your transactions on and use of any such third party sites will be subject to any terms and agreements between you and such third party, and we will not be liable or responsible in any way relating to any such use or transactions. In addition, the availability of any such links to third party web sites does not constitute an endorsement by us with respect to the content, advertising, products, or other materials available on or through such sites, and we disclaim all liability relating thereto. Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you. Ownership of Content This Site, all portions thereof, and all data, images and other information contained on the Site are copyright 2005-2007 Leona Valley Winery. All rights reserved. The information on the Site is our property and is protected by copyright, trademark, and other applicable intellectual property laws. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or commercially exploit that information in any manner unless the use is expressly permitted by us in writing. Orders and Sales You may purchase items through our online store, and all orders and sales are subject to our Online Store Policy and will be delivered pursuant to our Shipping Policy. Privacy Policy Please review our Privacy Policy for additional detail about how we collect and use information we receive from you. Our Service Providers We may use one or more third party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms we and us for purposes of the Terms. Your Communications through the Site The Site may provide you with the capability to post comments on the Site, to send e-mail to us or to third parties or to otherwise submit, post, display, transmit and/or exchange information, ideas, opinions, images, creative works or other messages, transmissions or material to us or others on or through the Site (collectively, Communications). Although we reserve the right to monitor, edit and delete Communications, as a general matter we do not screen or monitor such content. Therefore, you understand that you are solely responsible for all Communications that are emailed, transmitted or otherwise provided by you or through your account. You agree to the following terms with respect to such Communications:(a) Any Communications you submit about our products or services may be used and disclosed by us in whole or in edited form in our marketing or advertising materials. If we do so, we will not use your surname. You specifically grant to Leona Valley Winery and its subsidiaries, affiliates, designees and service providers (or warrant that the owner of such content grants to Leona Valley Winery and its subsidiaries, affiliates, designees and service providers) a perpetual, worldwide, royalty-free, fully paid, irrevocable, nonexclusive right and license, sub licensable through multiple tiers of sublicenses, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any and all Communications submitted by you or through your account, in whole or in part, and to incorporate them in other works in any form, media or technology now known or later developed throughout the universe. You also give Leona Valley Winery and its affiliates, designees and service providers permission to copy your Communications as part of the normal backup process and to archive discussions containing your Communications. (b) You will not use the Site or any services (including without limitation, email) provided by or on the Site for any purpose, nor will you transmit any Communication, that: violates any agreement or is false, misleading, unlawful, abusive, harassing, libelous, defamatory, obscene, offensive, objectionable, sexually explicit, threatening, injurious, detrimental to any third party, the Site or to Leona Valley Winery or that infringes on or violates the privacy, intellectual property or other rights of others, that is illegal that encourages a violation of the law or under-age alcohol consumption, that contains a virus, worm or other harmful computer file, or that is off-topic.(d) You will not send e-mail or any other Communication via the Site to anyone who is not 21 years of age or older. Termination We reserve the right to terminate or restrict your access to the Site in our sole discretion, without notice and without limitation, for any reason. We will have no liability to you in the event of such a termination. Miscellaneous The Terms will be construed, and their performance enforced, under the laws of California without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue Kern County for state court causes of action and in the Western District of California for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party. You understand that we may comply with law enforcement requests or subpoenas regarding your use of the Site, and you hereby consent to such compliance. No waiver by us of any breach or default under the Terms may be deemed to be a waiver of any prior or subsequent breach or default. If any provision of the Terms is declared invalid or unenforceable, the remaining provisions of the Terms remain in full force and effect and the invalid or unenforceable provision is deemed replaced by a valid, enforceable provision that effectuates the intent of the original provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

The Site is provided to you on an “AS IS,” AS AVAILABLE and “WITH ALL FAULTS” basis. This means that the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. We do not warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, we make no representation that content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States. Monolex USA Trading LLC  MAKES AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, THE PRODUCTS APPEARING ON THE SITE OR THE SITES CONTENT. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).In addition, we also have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site. If the Site provides links to third party web sites, your transactions on and use of any such third party sites will be subject to any terms and agreements between you and such third party, and we will not be liable or responsible in any way relating to any such use or transactions. In addition, the availability of any such links to third party web sites does not constitute an endorsement by us with respect to the content, advertising, products, or other materials available on or through such sites, and we disclaim all liability relating thereto.Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.Ownership of Content This Site, all portions thereof, and all data, images and other information contained on the Site are copyright 2005-2007 Leona Valley Winery. All rights reserved. The information on the Site is our property and is protected by copyright, trademark, and other applicable intellectual property laws. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or commercially exploit that information in any manner unless the use is expressly permitted by us in writing.Orders and SalesYou may purchase items through our online store, and all orders and sales are subject to our Online Store Policy and will be delivered pursuant to our Shipping Policy.Privacy PolicyPlease review our Privacy Policy for additional detail about how we collect and use information we receive from you.Our Service ProvidersWe may use one or more third party service providers to design and/or operate parts of the Site. In such cases, each such service provider is also included in the terms we and us for purposes of the Terms.Your Communications through the SiteThe Site may provide you with the capability to post comments on the Site, to send e-mail to us or to third parties or to otherwise submit, post, display, transmit and/or exchange information, ideas, opinions, images, creative works or other messages, transmissions or material to us or others on or through the Site (collectively, Communications). Although we reserve the right to monitor, edit and delete Communications, as a general matter we do not screen or monitor such content. Therefore, you understand that you are solely responsible for all Communications that are emailed, transmitted or otherwise provided by you or through your account. You agree to the following terms with respect to such Communications:(a) Any Communications you submit about our products or services may be used and disclosed by us in whole or in edited form in our marketing or advertising materials. If we do so, we will not use your surname. You specifically grant to Leona Valley Winery and its subsidiaries, affiliates, designees and service providers (or warrant that the owner of such content grants to Leona Valley Winery and its subsidiaries, affiliates, designees and service providers) a perpetual, worldwide, royalty-free, fully paid, irrevocable, nonexclusive right and license, sublicensable through multiple tiers of sublicensees, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any and all Communications submitted by you or through your account, in whole or in part, and to incorporate them in other works in any form, media or technology now known or later developed throughout the universe. You also give Leona Valley Winery and its affiliates, designees and service providers permission to copy your Communications as part of the normal backup process and to archive discussions containing your Communications. (b) You will not use the Site or any services (including without limitation, email) provided by or on the Site for any purpose, nor will you transmit any Communication, that: violates any agreement or is false, misleading, unlawful, abusive, harassing, libelous, defamatory, obscene, offensive, objectionable, sexually explicit, threatening, injurious, detrimental to any third party, the Site or to Leona Valley Winery or that infringes on or violates the privacy, intellectual property or other rights of others, that is illegal that encourages a violation of the law or under-age alcohol consumption, that contains a virus, worm or other harmful computer file, or that is off-topic.(d) You will not send e-mail or any other Communication via the Site to anyone who is not 21 years of age or older. TerminationWe reserve the right to terminate or restrict your access to the Site in our sole discretion, without notice and without limitation, for any reason. We will have no liability to you in the event of such a termination.MiscellaneousThe Terms will be construed, and their performance enforced, under the laws of California without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue Kern County for state court causes of action and in the Western District of California for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.You understand that we may comply with law enforcement requests or subpoenas regarding your use of the Site, and you hereby consent to such compliance.No waiver by us of any breach or default under the Terms may be deemed to be a waiver of any prior or subsequent breach or default.If any provision of the Terms is declared invalid or unenforceable, the remaining provisions of the Terms remain in full force and effect and the invalid or unenforceable provision is deemed replaced by a valid, enforceable provision that effectuates the intent of the original provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

 

PRIVACY POLICY SUMMARY

 

Monolex USA Trading LLC  is committed to preserving the privacy of the users of this Site. We have developed this Privacy Policy to assure you that the information collected about you is only what is needed for conducting business and offering products and services that might be of interest to you. We will not sell your personal information to other companies. If you have questions about our Privacy Policy, please contact us. How We Collect InformationYour identifying information is collected by us, or our designated suppliers or service providers, whenever you submit such information to the Site (for example, when setting up an account, placing an order, or enrolling in “Insider”). Information collected from you includes without limitation your contact information (name, address, phone number), password (that you select), age, and e-mail address. In addition to obtaining personal information, we may collect tracking information for statistical purposes; such tracking information does not contain any personal information about you.As do most major Web sites, this Site uses cookies and may use other means of automated information collection. The cookies we create will not extract any information from your computer. Cookies are information about you from the Site that is stored on your hard drive. Cookies save you time because you do not need to re-enter manually the information stored on your hard drive. Cookies also help us upgrade the Site by showing when and how users utilize the Site. The Site may also use IP addresses for the above purposes.How We Use Information We use information that you submit to fulfill your orders and provide you with the services and information you have requested. Additionally, we use the information for marketing purposes and to track and verify compliance with applicable laws, agreements, and policies. We may use other companies and individuals to perform functions on our behalf, such as sweepstakes and contest administration. When registering for such sweepstakes and contests, you may be redirected to those companies or individuals websites. They will have access to information needed to perform their functions. Our suppliers of internet and e-commerce services may have access to your personal information and credit card number for purposes of facilitating our services to you and processing your orders.We use non-identifying tracking information to analyze trends, administer the site, track users’ movements, and gather broad demographic information for aggregate use. This information may be shared with third parties, such as promotion partners and consultants, for these purposes only. Under some circumstances, information may also be disclosed to third parties such as governmental agencies for law enforcement and compliance purposes, and when appropriate, to identify, contact, or bring legal action against someone who may be causing injury to or interference with our, or others’, rights or property.

 

 

ONLINE STORE POLICY

 

You may purchase items on this Site through our electronic shopping cart process. In addition to the Terms, the following policies shall apply to all online orders and sales. Wine Club You may join our wine club via this Site. Membership in the wine club is subject to our Wine Club Policy. The wine club may be discontinued at any time, and your participation in the wine club may be terminated if you fail to comply with any of the Terms.Validating Your Order After you place an order using our shopping cart, we will check the information you give us for validity by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the telephone number, e-mail, and/or billing address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.Order Acceptance/Confirmation Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.Limited Quantities In some instances state law regulates product availability and/or wine purchase limitations. Working within state and local laws may prevent our ability to fulfill order requests. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change or cancel an order, we will attempt to notify you by contacting you via telephone or e-mail and/or billing address provided at the time the order was made.Inventory and Substitutions Though we continually monitor our inventory to ensure product availability, there are times when products may be out of stock. We will call or e-mail you to determine if you would like to wait for the product to be in stock, substitute other items, or cancel part or all of the order. In cases where a substitution is necessary, we will contact you before shipping and provide the option to select other items. If you decide not to make a substitution, we will ship available items minus the out of stock item(s) or cancel the order if you prefer to do so. Your credit card will not be charged until we ship your order, and you will not be charged for out-of-stock items.Legal Age Requirement Wine may be sold and delivered only to a person who is at least 21 years old. By placing an order on the Site, you represent to us that you are at least 21 years old and the person to whom any wine (or other alcoholic beverage) will be delivered is also 21 years old. All states allowing wine shipments to consumers require an adult signature at the time of delivery. Proof of age must be produced upon a delivery carriers request. We cannot ship to P.O. boxes. We comply with all federal, state, and local laws regarding sale of alcohol to mi