WINE CLUB POLICIES
All shipments require the signature of an adult who is at least 21 years of age for delivery; whenever possible, we recommend using a business address.
For Wine Club shipments, please notify us two weeks prior to the first of any shipment month to update your account, change your address or cancel your membership.
Misdirected shipments and delivery difficulties may result in additional shipping charges which will be billed to the member.
Flat rate shipping not available for Alaska, Hawaii, or expedited shipping.
If weather conditions are unfavorable for shipping wine (extreme heat or cold anywhere along the way between us and you), we will hold your order until the weather improves. In any case, we'll let you know what's happening and when to expect your wine. We want to ensure that every wine we send is received in excellent condition. If you have any concerns about your shipment, please contact Brian Shuey immediately at: (805) 937-8110 ext. 101 or email@example.com.
By providing account information with any purchase, you authorize Railsback Freres to charge your credit card for the cost of your selection, including any applicable taxes or shipping fees, at the time of each shipment. It is your responsibility to keep your account information current.
Entering contact or credit card information on our website certifies that you are over 21 and that all information provided is true and accurate.
Sales tax is charged and remitted according to the rates of the county and state of the order's recipient.
Presqu'ile wine club membership is ongoing but may be cancelled at any time with written notice after your first year of membership.
Presqu'ile Winery may modify or cancel club benefits at any time, without notice.
If you wish to cancel your subscription, you may call us by phone, or use our wine club cancellation request form.
Terms & Conditions
By clicking <Join Now> on the Presqu’ile Website or signing a Membership Application you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them.
If you have any questions with respect to these Terms, please ask a staff member or contact our Wine Club Manager Brian Shuey at (805) 937-8110 ext101 or firstname.lastname@example.org-. Your acceptance of these Terms creates a binding contract governing the terms of your membership in the Railsback Freres Wine Club (the “Club”) and no other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms instituted by Railsback Freres as in accordance with these Terms.
Membership Benefits; Accounts Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members have the opportunity to register for various wine clubs and services Railsback Freres markets by following the instructions on the company’s site or promotional communication, including, without limitation, email communications, in-winery applications, or direct mailings. Club members are entitled to receive designated wines as applicable to the particular membership of the member and additional Club member benefits as provided from time to time by Railsback Freres. The member benefits are presented in more detail on the Wine Club located at http://www.presquilewine.com/Wine-Club. Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Club membership, and accounts under the same name and address will automatically be combined. Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, benefits and communications may be based on geographic location, Club participation, information supplied by the member or the volume or type of purchases made by a member. In order to be eligible for membership benefits your account must be (1) open, (2) in good standing and (3) current membership fees must have been paid. Abuse of Club membership (for example, by failing to follow the Terms, allowing others to use your membership number or other improper conduct as determined by Presqu’ile in its sole discretion) may result in termination of your membership and disqualify you from future Club participation.
Promotional Offers. By participating in the Club, you will be eligible to receive various benefits provided from time to time by the Presqu’ile including, without limitation, receiving discounts, vouchers and promotional offers with respect to wine, related products and Club memberships, unless prohibited by law. You will be notified of these special offers through various channels of communication, including, without limitation, email and/or U.S. mail. Each such discount, voucher and promotion offered to you will apply only to those specific wines, related products and Club memberships advertised, and will be governed by these Terms & Conditions, as amended from time to time, and the applicable terms of such promotions as communicated to you. The value of any such offer is not refundable. All offers are subject to availability and the Company reserves the right to change discounts, vouchers or offers at any time.
Availability. All Club members acknowledge that the wines provided to Club members are limited in quantities and may not always be available at the time of your pick-up or delivery, especially in the event that you do not pick up your wine in the month for which such wine was offered. In all cases, Presqu’ile, in its sole discretion, may substitute other wine for any wine that is no longer reasonably available, without any adjustment or refund. In addition, certain Club members may select and receive available alternative wine varieties applicable to the particular membership of the member.
Fees. All fees for Club memberships and associated charges, such as shipping charges and other related charges, are automatically billed to your credit card. If your membership includes shipment of your wine, the wine is shipped, and the charges are made on a biannual basis. All fees charged, including for gift memberships, are non-refundable except as expressly set forth in these Terms.
Membership Term, Changes and Renewal. All memberships are on an annual basis, and your membership automatically renews each year on the date in which a member signs up. If you wish to cancel your membership, you may do so after the first year at any time. Any fees already charged for any membership, are non-refundable. In addition, it is your responsibility to inform Presqu’ile of any changes to your membership record and information
Limitations; Legal Compliance. Member discounts and benefits are not valid with other special offers or discounts offered by Presqu’ile, unless expressly indicated otherwise by Presqu’ile. Member benefits are non-transferable. All goods, services and benefits provided by Railsback Freres, including wines, are only provided and/or shipped to such states in which Railsback Freres is licensed to provide such goods, services and benefits. Railsback Freres is not engaged in the shipping or importing of wines or other products into or from any state, country or other jurisdiction where it is not so licensed. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. If any product is requested to be provided in or shipped to any state where Railsback Freres is not appropriately licensed, Railsback Freres can refuse such shipment. Wines will be provided or delivered only to persons who are at least 21 years old. In joining the Club, you represent to Railsback Freres that you are at least 21 years old and the person to whom delivery of any wine will be made. When your wine is picked up or delivered, the person receiving the product will be required to show identification proving Club membership and that he or she is at least 21 years old. Wines provided or delivered by the Club are not for resale and are for personal consumption only. Presqu’ile has the right to terminate or suspend the Club, or your membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.
Damage During Shipment. If you have selected the option of shipment of your wine to you, the wine will be sent per your membership, and there is no available return or exchange for shipped wines except as set forth in this paragraph. Wine is a delicate and perishable commodity, and if your wine is being shipped, conditions outside of the control of Railsback Freres may adversely affect the wine during shipment. If your wine, at the time of delivery, is received damaged, spoiled or otherwise defective, you may contact us regarding the damage and Railsback Freres may, in its discretion and based on the particular conditions of each such circumstance, send a replacement in exchange, which is your sole and exclusive remedy for damaged or defective product. Railsback Freres will not refund shipping charges, and additional shipping and other charges will apply to deliveries to you that are returned as undeliverable or refused.
Unavoidable Delay. In the event of any circumstances outside of the control of Railsback Freres and which prevent, hinder or delay Presqu’ile from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping, Presqu’ile’s obligations will be suspended for the term of such event or Railsback Freres may elect to cancel the Club or Club membership for the affected members.
Changes in Shipping; Changes in Law Shipping costs will vary by state and location and may be changed by Railsback Freres from time to time. In addition, due to the ever-changing nature of alcohol and other wine related laws, we may, from time to time, be advised that we are not able to complete delivery of a wine or ship wine to you. If we are unable to ship your wine to you, we will offer you the option to change your pickup to an in-winery pick up. If that is not agreeable, you may cancel your membership in accordance with Section 4, above, and you may receive a refund of any membership fees paid for wine that we are not able to ship to you based on such a change in laws. In addition to changes in shipping charges, taxes and other related charges may change or may vary between states and locations, and retail wine prices and discounts will differ and vary from those related to wines provided by way of Club membership. Sales tax may also vary and Railsback Freres collects sales tax as required by various local and state taxing authorities.
Disclaimer. YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY Railsback Freres AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PRESQU’ILE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. PRESQU’ILE WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT PRESQU’ILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Personal Information. Railsback Freres requires certain personal information from you to verify and administer your Club membership, and you agree that you have freely provided that information. Any personally identifying information you provide to Railsback Freres or affiliated companies may be used for our internal business and for account management, customer service and related purposes; however, your personally identifying information will not be sold, licensed or disclosed to any parties other than Railsback Freres' affiliates. You authorize Railsback Freres to send you marketing communications and special offers as part of your membership benefits. To change your preferences, please contact us. Notwithstanding any other statements or representations contained here or elsewhere, Railsback Freres reserves its right to disclose any information in its possession if it is required to do so by law or legal process, or if it believes, in good faith, that such a disclosure is necessary to comply with law or legal process, to defend its rights or to respond to an emergency situation. If you are concerned about the information you have provided to Railsback Freres, or have any questions regarding the retention of that information, please contact us. Railsback Freres will make reasonable efforts to resolve any concerns.
Governing Law; Venue. These Terms are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Santa Barbara County, California with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Miscellaneous. If any provision of these Terms 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, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Railsback Freres with respect to your membership in the Club and the goods, services and benefits provided by Railsback Freres and related to the Club.
Change in Terms. These Terms shall remain in full force and effect while you are a member of the Club, and only Railsback Freres may, in its sole and absolute discretion, may modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. Railsback Freres may make any such changes at any time, with or without notice, even though such changes may affect the value of accumulated benefits, the value of the rewards and/or the time of redemptions.