Terms & Conditions
Please carefully read the following terms, conditions, and privacy statements before using this website.
All funds are taken in Canadian dollars.
All users of this website agree that access to and the use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. If there are any provisions that you are unclear about, please don’t hesitate to call.
- Copyright – All content on this website is protected by the Copyright Laws of Canada. Website design created by Coswebb.
- Warranty Disclaimer – All warranties made by this website will be expressed explicitly, in writing. Averill Creek Vineyard disclaims all warranties that may be assumed or implied by this site.
- Limitation of Liability – Averill Creek Vineyards shall not be liable for any damages, special, consequential, or otherwise, that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Averill Creek Vineyard has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply in every situation.
- Typographical Errors – In the event that a Averill Creek Vineyard product is mistakenly listed at an incorrect price, Averill Creek Vineyard reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Averill Creek Vineyard reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Averill Creek Vineyard shall issue a refund to your credit card account in the amount of the incorrect price.
- Term; Termination – These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by Averill Creek Vineyards without notice at any time, for any reason.
- Use of Site – Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Averill Creek Vineyard or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
- Participation Disclaimer – Averill Creek Vineyard may not be able to review all communications and materials posted to or created by users accessing the site before they are seen by other visitors, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Averill Creek Vineyard is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Averill Creek Vineyard reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Averill Creek Vineyard in its sole discretion.
- Indemnification – You agree to indemnify, defend, and hold harmless Averill Creek Vineyard, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
- Third-Party Links – In an attempt to provide increased value to our visitors, Averill Creek Vineyards may link to sites operated by third parties. However, even if the third party is affiliated with Averill Creek Vineyard, Averill Creek Vineyard has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Averill Creek Vineyard. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Averill Creek Vineyards seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
We collect information from you when you register on the site, place an order, or communicate with us by other means, such as e-mail. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We may also collect information about gift recipients so that we can fulfill gift purchases. The information we collect about gift recipients is not used for marketing purposes.
We use the information we collect from you when you register, purchase products, or use certain other site features to allow us to better service you in responding to your customer service requests, and to quickly process your transactions. We may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, there is a simple one-click opt-out at the bottom of every email.
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
When you place orders or access your personal information, all information is sent through a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) encryption technology. We do not collect or store your credit card information. All credit card transactions are handled by a third party payment processor.
Averill Creek Vineyard will not sell, trade, or otherwise transfer your personally identifiable information to third parties. Information may be shared with shipping or credit card companies who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.