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Terms of Use

This Website, www.biennacidoestate.com, is operated by Miller Family Wine Brands, LLC, a California bonded winery. All references to “our”, “us”, “we” or “Company” refer to Miller Family Wine Brands, LLC, its subsidiaries, affiliates and/or associates, as appropriate.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to, and use of, www.biennacidoestate.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. Please read the Terms of Use, Privacy Policy and Shipping Policy carefully before you use the Website. When accessing and using this Website, you agree to the terms and conditions that follow.

Permitted Users
This Website is intended to be used and accessed only by people who are of legal age to purchase and consume wine. If you are of legal age in your country of residence and the country from which you are accessing this Website, please continue. If you are not, please exit this Website immediately. By continuing, you affirm that you are of legal age to purchase and consume wine in your country of residence and the country from which you are accessing this Website. For the Terms and Conditions for joining the Miller Family Wine Club please Click Here.

Links
This Website may include links to other websites, some of them operated by third-parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all of the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites or references to unaffiliated products should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. You should review the site policies and terms of use of any linked sites.

Accuracy and Completeness
We are not responsible if information that we make available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the material on this Website shall be at your own risk. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the Website.

Use of Material From This Website
This Website (including all its contents) is the property of the Company or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. We authorize you to browse through the Website and print and download copies of material on the Website for your personal, noncommercial use only, so long as you do not remove any copyright or other notices that appear on the material you print or download. You agree that you will not otherwise copy, display or transmit any material on the Website in any manner or medium. You also agree not to modify, sell, broadcast or distribute any material on the Website in any manner or medium, including by uploading the material or otherwise making the material available on-line.

Trademarks
This Website features logos and other trademarks and service marks that are the property of, or are licensed to the Company. The Website may also include trademarks or service marks of third parties. All of these trademarks are the property of their respective owners, and you agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Wine Club Terms & Conditions
If you sign up for a Bien Nacido Estate wine club membership, you agree that you are at least 21 years of age and acknowledge that someone at least 21 years of age is present for a wine delivery. You agree to pay Bien Nacido Estate all wine club membership charges associated with the membership at the time of sign up, and provide your payment information. You authorize Bien Nacido Estate to charge your chosen payment provider according to the terms of the plan to which you subscribe. Your credit card on file will be charged prior to the pick-up or ship date of the applicable wine club release.

Bien Nacido Estate paid membership subscriptions will continue indefinitely until canceled by the user. Bien Nacido Estate has the right to cancel the membership of any customer, for any reason, at any time, with or without notice. If you decide to cancel your membership (3 shipment minimum), you acknowledge and agree that you must provide written notice at least 21 days prior to the next scheduled billing payment date, otherwise you will be billed for an additional club. Your membership benefits can change and if canceled prior to the 3 shipment commitment a $100 cancellation fee applies. Members understand and agree that wine not acquired within 90 days or unable to be shipped due to delivery complications will be considered abandoned, and no refunds will be issued.

You may cancel your wine club membership in accordance with these Terms & Conditions by contacting Bien Nacido Estate customer service department at [email protected].

Cellaring of club selections is up to 30 days. Thereafter, we will automatically ship your wine to the address on file and you will be responsible for the shipping fees. You are responsible for all costs incurred if your wine is returned and re-shipped.

Due to limited production, customizing orders and packs are based on club level and wines available. You may receive a duplicate varietal when applicable. You agree to receive wine club and marketing emails.

Shipping Policy
Deliveries can only be made to physical addresses. We cannot ship to Post Office boxes or APR/FPO addresses. Some states restrict the amount a consumer can have shipped from us. The information below is a summary of the quantities we can ship.

Alcoholic beverages may be sold and delivered only to persons who are at least 21 years old. By placing an order, the buyer represents that the buyer is at least 21 years old and the person to whom delivery will be made is at least 21 years old. When the wine is delivered, the person receiving the delivery may be required to show identification proving that he or she is at least 21 years old. We cannot guarantee the condition of your wine if we are not able to deliver on the first delivery attempt. We will not be able to refund any shipping charges if your package is returned to us due to the inability to secure an adult signature for your wine delivery.

Orders are deemed consummated in California regardless of where shipped or the location of the purchasing party. Title to all wine passes to the buyer at the time of purchase in the state of California. If you require that your wine be shipped, you authorize Bien Nacido Estate as an agent to engage a common carrier to deliver the wine on your behalf.

Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Bien Nacido Estate is not responsible for and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser. Bien Nacido Estate is not responsible for the mishandling of product by any common carrier. All costs associated with the return to Bien Nacido Estate due to unsuccessful delivery attempts will be charged to the customer. In the unlikely event of damages in transit, customers are responsible for filing claims directly with the respective third-party transit carrier.

Returns & Cancellations
We may replace or refund you for any bottle of wine that is damaged, flawed or that the customer finds unsatisfactory. We may ask the customer to return the unfinished portion of the original bottle for replacement. By law, we cannot accept returns of alcoholic beverages unless the product is corked or flawed. We are also unable to accept return of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. Please send an email to [email protected] to arrange for the return of corked or flawed product. Once the wine is received, we will offer either a replacement shipment or a refund to your credit card for the cost of the wine, less shipping and handling. Refunds are issued only for corked or flawed products.

Please note: If a wine shipment is returned to us due to an unsuccessful delivery, a re-shipping fee equal to the original shipping cost will be charged to the customer.

Privacy and Security
Login Required
In order to access some of the offerings on this Website, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

Passwords & Security
If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

Disclosure to Third Party Affiliates
You hereby grant us the right to disclose to third parties certain Registration Info about you. The information we obtain through your use of this site, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE WEBSITE IS NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS PARENT, SUBSIDIARY, JOINT VENTURE, PARTNERSHIP OR AFFILIATED COMPANIES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction
The laws of the State of California govern these Terms of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the State of California for any action to enforce these Terms of Use, the Privacy Policy and the Shipping Policy. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Website. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this Website following the posting of changes to these terms or other policies means you accept the changes.

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