Terms & Conditions

Terms and Conditions of Use

This website (the “Site”) is owned by BOUTINOT USA Inc. (“We” or “Us”). The following terms and conditions of use (“Terms of Use”) govern the Site. We reserve the right to amend the Terms of Use from time to time. We advise you to read these Terms of Use prior to every use of or purchase from the Site. Your use of the Site or purchase of any product or service from us constitutes acceptance of these Terms of Use. If you do not accept these Terms of Use and/or any amendments thereto, do not use the Site.

Restrictions

To use the Site, you must be 21 years of age or older, the legal drinking age in the United States. If you are not of legal drinking age, please exit this site immediately.

Privacy

Pleases see our Privacy Policy.

Use of Information/Materials

You are permitted to display the materials on this website on a computer screen and to download and print a hard copy for your personal use. If you are a Boutinot customer you are also permitted to use the information on this website in connection with your marketing and sale of our wines and to display the bottle and label images on this website in printed materials used by your own business, on the website of your business and in printed materials supplied by you to your customers for use by them in their businesses, in each case to promote the wines to which the images relate. You are also granted a licence, revocable by us at any time, to maintain a hyperlink to the home page of this website so long as the link does not portray any false, misleading, derogatory or otherwise offensive matter. You undertake not to:

  • commercially exploit any of the materials on this website without our prior written consent, except as expressly permitted by these Terms and Conditions;
  • alter any material that you download from this website or alter or remove any copyright, trade mark or other proprietary notices;
  • use this website to upload or distribute any material that contains any virus or other contaminating or harmful component;
  • infringe our rights or the rights of any other person; or
  • do anything that may interfere with or disrupt this website or our services.

Copyright, Trademarks & Other Intellectual Property Rights.

The content of this Site, including without limitation, any trademarks, designs, logos, text, images, audio and video materials thereon, is owned and/or licensed by us (the “Proprietary Material”). The Proprietary Material is protected under the laws of the United States and other nations around the world, and under international treaties — in particular under copyright and trademark laws. Unauthorized use of the Proprietary Material may violate copyright, trademark and other laws. Except for the limited license to download and print certain material or information from the Site for non-commercial and private purposes, you have no right to use, reproduce, display or distribute the Proprietary material. All rights with respect to the Proprietary Material remain our exclusive property. Any use or reproduction of the Proprietary Material (including our trademarks or logos) other than for private purposes only without our express prior written consent is prohibited.

No Warranties. Your use of the Site is at your own risk.

THE SITE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THE SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. WE AND/OR OUR RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENT HEREOF AND WE SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, WE DO NOT WARRANT THAT THE SITE OR ANY SOFTWARE MADE AVAILABLE ON THE SITE IS COMPATIBLE WITH YOUR COMPUTOR OR FREE OF COMPUTER VIRUSES. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

Limitation of Liability

YOU AGREE THAT WE (INCLUDING, ANY OF OUR AFFILIATES, AND ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS), WILL NOT BE LIABLE FOR LIABILITY, LOSS, DAMAGE OR EXPENSES ARISING OUT OF OR SUFFERED BY YOU AS A RESULT OF YOUR VISIT TO OR USE OF THIS SITE OR ANY LINKED SITE, ANY MATERIALS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, INABILITY TO USE THE SITE OR ANY ERROR IN THE PROVISION OF THE SITE, ANY COMPUTER VIRUS OR OTHER EXECUTABLE CODE THAT YOU MAY DOWNLOAD FROM THE SITE, AND ANY OTHER DEFECT THAT IS TRANSMITTED THROUGH THE SITE, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, WHETHER SUCH LOSS OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY); EVEN WE WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Links to other sites.

Links to third party sites on the Site are provided solely for your convenience. If you use these links, you will leave the Site. These Terms of Use and our Privacy Policy do not apply to any website that you reach by using these links or otherwise leaving the Site. We have not reviewed all of these other websites and we do not control and are not responsible for those websites or the content on those websites. We therefore do not endorse or make any representations about these third-party websites or any material found there. If you decide to access any of the websites linked to the Site, you do so entirely at your own risk.

General.

The Site is based in the United States in the State of Florida. We make no claim that the Site is appropriate or may be downloaded outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use and any matter relating to the Site (including our Privacy Policy) are governed by the internal substantive laws of the State of California without regard to its conflict of laws principles. Any dispute or controversy arising from use of the Site, our products, or these Terms of Use, must be brought in the courts of the State of Florida or the United States federal court having jurisdiction over Florida, and by using the Site, you agree to be subject to the personal jurisdiction of such courts.

Drink Responsibly.

Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.