| Privacy Policy At LOMBARDIWINE.COM, your privacy is a top priority. We want to earn and keep your trust. That’s how we plan to stay in business. We want you to know what we do with the information we collect and we want you to know what information we will not share. Information We DO NOT Share We do not sell, rent, or share personally identifiable customer information expect in specific circumstances where required by law. We consider our customers and their information to be valuable assets of our company and as such we will not share any personally identifiable information with outside partners or affiliates. Please note that if in the future LombardiWine is sold or ownership is otherwise transferred, customer information will be transferred with the company. Information WE DO Share Subsidiaries LombardiWine reserves the right to share information, including personally identifiable information, with our existing or future subsidiaries. Outside Affiliates / Partners We share only aggregate information about our customer base with outside partner wineries and affiliates. This means that we do not disclose individual customer information. To protect customer privacy, all marketing communications, including email, telemarketing, and direct mail, are controlled by and originate from LombardiWine. Information We Collect This Privacy Policy applies to all information collected or submitted on the Lombardi.com website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are: Name Address Email Address Phone Number Credit/Debit Card Information On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of personal information collected are: Name Address Phone Number (etc.) By law, alcoholic beverages can only be shipped to individuals over the age of 21. The recipient will be required to provide proof of age to the delivery associate to receive the shipment. Purposes For Collecting Information 1. We collect information about online activity on our Web site (through "cookies" or similar passive means) in order to understand and improve our Website functionality. However, we Do Not passively collect any information that personally identifies a visitor nor do we connect passive information with personally identifiable information. We may in the future choose to add personalization and/or individual account functionality to our Website. If we do, we will provide customers the opportunity to be identified when they wish to view their “account”. Customers will be provided the opportunity to “opt-in” for this service when available. 2. We collect information to verify customer eligibility for our products and offers. No persons under the age of 21 are permitted to order alcoholic beverages from LombardiWine under any circumstance. 3. We collect information to verify customer identity when contacting us. 4. We collect information to allow us to process and ship customer orders. 5. We collect customer email address. We use email primarily to communicate with our customers. For example, we use email in order to be able to provide online order and shipping status to our customers. We also use email to communicate any new products, offers, or buying opportunities to our customers. We use email because it is an inexpensive channel for us to communicate directly with our customer which in turn afford us the opportunity to offer lower prices on our products 6. Customers can choose to have their names removed from future marketing offers. Customers can contact us any time and request to be removed from future marketing promotions. Also, as a matter of policy, LombardiWine includes an opt-out option on every promotional email we send. Our Commitment to Data Security To prevent unauthorized access, maintain data accuracy, and ensure the correctness of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. How You Can Access Or Correct Your Information You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. How To Contact Us Should you have other questions or concerns about these privacy policies, please call us at (707) 773 - 0111 Monday through Friday 8:00am to 5:00 pm Pacific Time, or you may contact us anytime online at: customerservice@lombardiwine.com. Website Terms of Use Following are the terms and conditions governing the use of the LombardiWine.com website (the “website”), which is sometimes referred to as the “Agreement”. This website is owned and operated by Lonbardi’s Gourmet Barbeque and Deli, also doing business as “LombardiWine.com” (hereinafter collectively referred to as LOMBARDIWINE.COM” or “SELLER”). ACCEPTANCE OF TERMS OF USE Your placement of any order for goods or services from Seller will indicate your acceptance of the terms set forth herein, absent your written agreement with Seller specifically altering some or all of these terms. Index of Topics Links Use of the Website Warranties and Exclusions Indemnification and Hold Harmless Sale to Minors Intellectual Property Links Order Quantity Limitations Errors Delay in Delivery Right to Cancellation Acceptance of Goods Risk of Loss Controlling Agreement Severability Assignability Disputes Links The LombardiWine.com website may have links to other websites. Please be aware that our privacy policy is limited to information we collect on the Lombardi.com website only. We are not responsible for the privacy policies of others once you leave our site. It is your responsibility to read the privacy policy on any other website. Use of the Website While we encourage visitors to explore all the information available on the LomabardiWine.com website, we do want you to know that all of the information on the website is copyright protected and that means that the content may not be copied, or altered for commercial purposes. LombardiWine.com reserves the right to refuse service, cancel orders and/or take other appropriate steps at its sole discretion if it believes that its rights have been violated. Warranties and Exclusions While we make every effort to satisfy our customers, LombardiWine.com’s makes no warranties or representations of any kind with respect to any goods or services purchased from it by any person or entity. LombardiWine.com’s warranties are limited as set forth herein. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED AS TO THE MERCHANTABILITY, FITNESS FOR USE, OR ANY OTHER MATTER. ALL GOODS ARE SOLD "AS IS". THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF GOODS PURCHASED FROM SELLER. Indemnification and Hold Harmless Buyer expressly agrees to indemnify and hold Seller harmless from any direct, indirect or consequential loss, damage, or injury, whether to body, property, personal or business character or reputation, sustained by or to any person or entity in performance of this Agreement, including, but not limited to, any and all such claims or losses relating to or arising from use of the website, shortages of products offered for sale by Seller, delays in delivery and from all other such loss or damage of any kind arising from or related to any use of the website, purchase or use of goods sold by Seller under the terms hereof. In the event Seller is found liable to Buyer for any reason whatsoever, which reasons shall include, but are not limited to those resulting from or otherwise relating to the use of the website, or from sale of goods, shortages or products offered for sale, delays in delivery or from any other loss or damage of any kind, then because of the difficulty in ascertaining the degree of Seller's fault for such damage, Buyer expressly agrees that Seller's liability shall in no case exceed the price of the product which Buyer sought to purchase, or did purchase from Seller (plus shipping charges, if applicable). Sale to Minors By law, we do not sell alcoholic beverages to minors under the age of 21. We do not ship alcohol to minors and proof of age is required to receive shipments. While we recognize that it is impossible to restrict access of this site to minors, LombardiWine.Com will not knowingly collect any personal information from persons under the age of 21. Intellectual Property LombardiWine.Com owns all of the copyright, trademarks and all other related rights in the LombardiWine. com website (the “IP”), except as otherwise noted on the site, in which instances such use is only with the owner’s express consent. Any unauthorized use of the IP from this website is strictly prohibited. You must contact us for permission to use any of our IP, which permission, if granted, must be in writing to be valid. No oral licenses or permission to use any of the IP shall be deemed valid, and will be a valid license or permission, irrespective of the identity of the person so authorizing such use, as all such permissions must be in writing. All copyrighted material, trademarks, logos and other intellectual property displayed on the LombardiWine.Com website, but not belonging to Seller, are the properties of their respective owners, are displayed only with such owner’s permission, and may not be used by any person or entity without the owner’s permission. Links Anyone wishing to place a link directly to LombardiWine.Com on their website may do so as long as they agree with LombardiWine.com, in writing, to accept and be bound by the following conditions: -- The link will not place LombardiWine.com in a negative light. -- The link will not bring disrepute to LombardiWine.com. -- The link will not intentionally or unintentionally convey that LombariWine.com endorses, sponsors, approves of, or has any interest in the sponsoring site. -- The sponsor will not use LombardiWine.com logos or name or other trademarks in any manner that can cause confusion as to the source of goods or services on the sponsoring site. Such use must clearly identify LombardiWine.com as the owner of any IP so displayed. -- By placing a link to LombardiWine.Com, the sponsoring site agrees to indemnify and hold harmless LombardiWine.com, its employees, representatives, agents, representatives and Affiliates from any direct, indirect or consequential loss or damage arising in any manner from such use of the IP and Links. -- Compliance with the terms governing Links and use of LombardiWine.com’s IP shall be determined in the sole judgment and discretion of Seller, which may terminate the permission of any person or entity to link to, or use any or all of the IP of LombardiWine.com and its website at any time. LombardiWine.com may contain links to other sites. These links are outside of the control of LombardiWine. com. While we make every effort to assure the quality of the content we link to, we are not responsible for the content of those websites. Order Quantity Limitations In general, LombardiWine.Com does not restrict order quantity. However, due to production or inventory limitations on certain vintages, we may place maximum order quantities in order to serve the maximum number of customers. Conversely, we reserve the right to place a minimum order quantity for select special purchases. Certain states to which we ship impose restrictions on the quantity of wine that an individual or household may purchase from us within specified time periods. By your act of ordering wine from LombardiWine.Com, you agree that it is your responsibility as the purchaser to comply with all such requirements. By placement of your order with us, you warrant and affirm that your purchase quantity does not exceed the limits imposed by applicable law of the state in which you reside, and that you will indemnify and hold LombardiWine.com harmless from all liability, costs, expenses or damages arising from claims made by any person or entity arising from or relating to your breach of the provisions of this paragraph. Errors While we make every effort to avoid mistakes, they do happen. In the event that typographical or other errors occur, we reserve the right to withdraw the product, make a reasonable substitution, or correct the price. Delay in Delivery LombardiWine.com is not responsible for any delays in delivery of goods or merchandise and Buyer expressly agrees to indemnify and hold Seller harmless from any liability, costs, expenses or damages caused by reason of any such delay. Right to Cancellation Seller may, in its sole discretion, cancel any order for goods or merchandise for any reason, which reasons may include, but are not limited to, failure to obtain approval of Buyer's credit, and Buyer expressly agrees to hold Seller harmless and indemnify seller for any loss or damage resulting from or otherwise relating to such cancellation. Acceptance of Goods Upon delivery of any goods purchased from Seller, Buyer agrees to inspect them promptly. The Buyer will be deemed to have accepted the goods upon expiration of five (5) business days after delivery of the goods, unless before the expiration of that period, Seller receives a written notice of rejection of the goods from the Buyer. Once the goods have been accepted by the Buyer, such acceptance cannot be revoked, nor can the goods be returned to the Seller, except that if a request to revoke acceptance and return the goods is made by the Seller not later than five (5) business days after the goods were first accepted by the Buyer, the Seller may in its reasonable discretion consent to revocation of acceptance and return of the goods, which consent must be in writing and approved by Seller in advance of shipping the goods back to Seller, but which may occur only upon compliance with all of the following conditions: a. The goods must be in their original packing, in their original boxes, with each box packed the same as when originally sold, and the goods in boxes must be in neat, resalable condition and appearance; b. The goods of a kind that Seller will be able to resell in its normal course of business, as determined in the sole discretion of Seller. Risk of Loss The Buyer bears all risk of loss, damage, or destruction of the goods purchased from Seller, from the commencement of shipment until delivery and at all times thereafter. Buyer shall cover these risks and all other risks with proper and sufficient insurance coverage at Buyer's expense. Seller is not liable or responsible for any loss, damage, or destruction of the goods after commencement of shipment. All claims for loss, damage or destruction of the goods after commencement of shipment must be made by Buyer directly to the carrier and/or manufacturer. Controlling Agreement. In the event of any conflict between the provisions of this Agreement and the provisions contained in any contract, sales or order forms, acknowledgments, invoices, purchase orders, or other policy statements used by Seller herein, the provision of the herein terms of use of the website shall control. Severability. If any provision or term of this Agreement regarding use of the website is held to be unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Assignability. This Agreement may be freely assigned by Seller, and no consent of Buyer to such assignment shall be required. Disputes By using the LombardiWine.Com website you agree to binding arbitration of disputes should they arise, and to the jurisdiction and venue, as set forth herein. This agreement is governed by the laws of the State of California. Any claims, disputes, or other matters in question between the parties to this Agreement shall be decided by arbitration, which shall take place at a location designated by Seller in Sonoma County, California, in accordance with the current Rules of the American Arbitration Associations then in effect, unless the parties mutually agree otherwise in writing. The arbitration award shall be made in accordance with applicable California law, which the arbitrator shall be bound to follow pursuant to this agreement. The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof. |