Welcome to the Chigazola Merchants website. Please review the following terms of use (the “Terms”) that govern your access to and use of the Web Site, and our Privacy and Shipping Policies. Please note that your use of and access to our Web Site constitutes your agreement to comply with and be bound by these Terms and Policies. These Terms and Policies may be updated and changed by us from time to time, in our sole discretion. Your continued use of this Web Site following any changes to these Terms and Policies will be deemed to constitute your acceptance of such change.
TERMS OF USE
Permitted Users
This Web Site is intended to be used and accessed by persons who are of the legal age to purchase and consume alcohol. You must be 21 years of age or older to use and access this Web Site. If you are not, please exit this Web Site immediately. By continuing, you affirm that you are 21 years of age or older.
Use of Material
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Web Site are proprietary to Chigazola Merchants and its affiliates. You may browse the Web Site and may download material displayed on the Web Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other web site, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Web Site, or the making of any derivative works from this Web Site, is prohibited.
DISCLAIMER OF WARRANTIES
CHIGAZOLA MERCHANTS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CHIGAZOLA MERCHANTS SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CHIGAZOLA MERCHANTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CHIGAZOLA MERCHANTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
ANY USE OF THE WEB SITE IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CHIGAZOLA MERCHANTS BE LIABLE FOR ANY LOST REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF CHIGAZOLA MERCHANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL CHIGAZOLA MERCHANT’S LIABILITY TO YOU, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU IN THE APPLICABLE TRANSACTION TO WHICH SUCH LIABILITY RELATES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE TERMS ABOVE MAY NOT BE APPLICABLE TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless Chigazola Merchants, its officers, directors, owners, shareholders, trustees, partners, members, employees, agents, successors and assigns (each, an “Indemnified Party”), from and against any and all claims, actions, damages, fines, penalties, liabilities, losses, costs and expenses (including without limitation reasonable attorney’s fees) arising out of, relating to or in connection with: (i) your use of the Chigazola Merchants website or Chigazola Merchants services; (ii) your purchase of wine; or (iii) shipment of any wine under these Terms and Conditions.
Termination
At its sole discretion, Chigazola Merchants may modify or discontinue the Web Site, or may modify or terminate your access to the Web Site, for any reason, with or without notice to you and without liability to you or any third party.
Linking
Chigazola Merchants may provide links to web sites owned
or operated by third parties. Chigazola Merchants does not endorse the content
or any products or services available on such web sites and is not responsible
for such content or its security. Your linking to any other web sites from this
Web Site is at your own risk.
General
These Terms (as well as the Privacy Policy and Shipping Policy) are governed by the laws of the State of California without regards to its conflict of laws principles. If any provision of these Terms or Policies is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Policies, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Web Site is void where prohibited.
PRIVACY POLICY
Chigazola Merchants has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices of Chigazola Merchants.
1. We may collect personally identifiable information from you, such as your name, email address or mailing address, when you visit the Web Site, or when you download any of the images, graphics or text material (“Material”) on the Web Site or email us with a question or concern. All references to 'our', 'us', 'we', ‘Chigazola Merchants’ or ‘Web Site’ within this policy are deemed to refer to Chigazola Merchants and its subsidiaries and affiliates.
2. Chigazola Merchants will not share, rent or sell your personally identifiable information to any non-affiliated organization or company without your consent. However, we may disclose your personally identifiable information under limited circumstances if we conclude we are required by law to do so or have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Chigazola Merchants, its customers or the public.
3. All of the customer data we collect is stored on a secured server to protect against unauthorized access. Chigazola Merchants takes information security very seriously and uses reasonable administrative, technical, physical and managerial measures to protect your personally identifiable information from unauthorized access. Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personally identifiable information and cannot assume liability for improper access to it.
4. Chigazola Merchants will track visits to the pages and links on our Web Site so we can make decisions about the design and usage of the Web Site. While we may choose to share aggregate information, such as statistics, on consumer behavior to third parties, none of this aggregate information contains personally identifiable information.
5. Our Web Site may use cookies to enable us to recognize users who have previously visited the Web Site when they return to the Web Site. “Cookies” are small pieces of information that are stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but most allow you to prevent that by making a change to your browser options. Even without a cookie, you can still use most of the features on our Web Site.
6. Protecting the privacy of the young is of paramount importance. We never collect or maintain information from those we actually know are under the age of 21, and no part of our Web Site is directed at or designed to attract anyone under the age of 21.
7. Chigazola Merchants may provide links to web sites owned or operated by parties other than Chigazola Merchants whose policies regarding the handling of personally identifiable information may differ from ours. Chigazola Merchants is not responsible for the information handling practices of these other web sites. These linked web sites have separate and independent privacy policies and terms of use, which we urge you to read carefully.
8. From time to time, Chigazola Merchants will contact our registered users who have opted in to be e-mailed with promotional information that we feel would be applicable to, and desired by that user. At any time a user wishes to opt-out of these e-mails, they may do so by contacting info@chigazolamerchants.com. Once opted-out, the user will not receive any further communication from us, aside from any system messages that are necessary to that user in specific transactions, such as e-commerce order summaries.
9. On occasion, Chigazola Merchants may sponsor sweepstakes and other promotions that are managed by third-party organizations. Information and data gathered in those instances will be held by the third-party and will normally be shared with Chigazola Merchants. Once shared with Chigazola Merchants that data and information is subject to Chigazola Merchants' stated privacy policy. However, information and data retained by the third-party will be subject to the privacy policy stated by the third-party, and Chigazola Merchants has no responsibility for the third-party's actions.
10. By using our Web Site, you consent to the guidelines described in this Privacy Policy, the Terms of Use and the Shipping Policy. The provisions of this Privacy Policy are subject to change. Chigazola Merchants will post changes to the Privacy Policy on this page. We encourage you to check this page regularly, as your continued use of this Web Site following any changes to this Privacy Policy will be deemed to constitute your acceptance of such change.
11. This Privacy Policy is effective as of March 30, 2013.