Terms of Use
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Emeritus Vineyard’s relationship with you in the context of this website.
The term “Emeritus Vineyards” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.
Wine-Specific Conditions
Legal Requirements
You must be 21 years of age or older, to order or receive alcoholic beverages from Emeritus Vineyards. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Wines purchased from Emeritus Vineyards are not for resale, and are for personal consumption only.
Credit Card Charges
Orders are by credit card only. We accept Visa, MasterCard, and American Express.
Minimum Purchase
No minimum purchase is required.
States Authorized for Direct Shipment
Due to the ever-changing nature of wine shipping laws, we may be able to ship wines, directly or indirectly, to all states except AR, DE, KY, ME, MS, NE, NJ, ND, OK, SD, and TN. If Emeritus Vineyards is unable to ship directly to your state, we can arrange for the sale and shipment of our products through a third party. Please note that when dealing through a third party wine prices, discounts, and shipping costs may differ from those quoted by Emeritus Vineyards.
Shipping Costs
UPS Ground is Emeritus Vineyards’ carrier of choice (“common carrier”). Ground shipping is provided by UPS Ground at current market rates and quoted to the customer in the check-out process.
Note – If the customer selects UPS or FedEx Air as his or her carrier, the customer pays all shipping charges, regardless of his or her wine club membership or purchase amount.
Wine is a Delicate Commodity
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. Emeritus Vineyards. 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.
Privacy Policy
Protecting your privacy is important to us. We hope the following statement will help you understand how we collect, use, and safeguard the personal information you provide to us on our site.
I. What kind of information do we collect from you when you visit our site?
When you visit emeritusvineyards.com, our stats package from Google collects some basic information about your browser. Examples are things like what type of browser and operating system are you using; how long did you stay on our site; what pages did you look at. This helps us understand how visitors browse our site, so that we can make their shopping experience better.
We also collect personal information about you when you check out of our store, such as your name, address, postal code, phone number, etc. We need this information to process payment and ship merchandise to you
II. Sharing of personal information – we don’t do it.
Under no circumstances will we share any personal information that we collect with any third parties or web sites. All the information you give us is completely private and used solely for order processing and shipping. If you give us permission to send you marketing emails then we use your email for that purpose, but never does that email get sold or distributed to any other web site or list.
III. Newsletter Opt-Out.
If you have chosen to opt into our newsletter or marketing emails and decide to opt out, we have a simple unsubscribe form that will let you get off our email list. Also, under the member area, you will find a simple form to unsubscribe.
IV. Consumer inquiries and privacy.
If you have any questions about your privacy, or want to make changes to your profile, or get off our marketing list, simply send us an email.
V. Protecting your information.
All the payment information we collect is done so under SSL – a standard internet security measure. Any data that we store about you is kept behind a secure firewall in our database and is not accessible to the public in any way.
Returns & Cancellations
We will replace or refund you for any bottle of wine that is damaged or flawed. In order to provide a replacement, we require the customer return the unfinished portion of the original bottle and cork. By law, we cannot accept returns of alcoholic beverages unless the product is corked or flawed. We are also unable to accept returns of wine that was damaged due to adverse weather conditions during shipment, or wine that is ordered in error. Please contact us to arrange for the return of any corked or flawed product.
Once the wine is received we will refund your credit card account for the cost of the wine, less shipping and handling. If the original shipment was damaged or flawed you will receive a full refund, including shipping and handling charges. Please contact us for return instructions.
If your order is shipped to the customer and returned back to Emeritus because the carrier cannot complete delivery, we will refund you the cost of the wine less a $25 restocking fee. Shipping costs are nonrefundable. Please contact us if you have any questions regarding this policy.
Wholesale Distributor Terms & Conditions
- Title to EMERITUS Products passes to Buyer when they have been loaded upon a common carrier at EMERITUS’ premises or designated warehouse and risk of loss passes to Buyer upon the earlier of delivery or placement with a carrier. Buyer shall pay all taxes and shipping costs. Payment for Products is due to EMERITUS within 30 days of invoice. Payment shall be by EFT, or otherwise as EMERITUS may direct in writing. Payments over 30 days shall be subject to interest at 1.5% per 30-day period. ERMITUS reserves the right to reassess Buyer’s creditworthiness or require payment CBD or COD at any time. Buyer acknowledges these Terms and Conditions constitute a security agreement between EMERITUS as secured creditor and Buyer as debtor for the purposes of the Uniform Commercial Code. Buyer agrees to execute and deliver to EMERITUS such financing statements and other instruments as EMERITUS may reasonably request to perfect its security interest. EMERITUS is not liable for any incidental, consequential or special damages, interest, costs or expenses, or for loss or use or lost profit or wages, incurred by Buyer in any fashion or manner in connection with the sales or use of the goods, whether or not EMERITUS knew such damages might be incurred and Buyer may not off-set any costs against the invoice payment unless approved in writing by EMERITUS.
. - Distributor buyers shall: (a) possess all necessary state and federal licenses and permits and will keep the same in force; (b) protect EMERITUS’ trademarks, confidential information and business plans and shall cooperate with EMERITUS (at EMERITUS’ cost) in the defense or prosecution of any action related to EMERITUS’ trademarks or confidential information; (c) not transfer their rights to distribute EMERITUS Products in any way unless they have obtained permission in writing from EMERITUS; (d) provide such storage, warehousing, delivery, merchandising, marketing and sales service to EMERITUS as shall be necessary to properly market, sell and protect the Products, and (e) provide such depletion, sales and other reports as EMERITUS requests.
. - If the law of the state in which Distributor does business requires procedures, times within which to act, respond to notices or cure defaults other than those set forth in these Terms and Conditions, such laws and regulations shall apply; provided, however, that the obligations, rights and responsibilities of Distributor shall be interpreted as set forth in these Terms and Conditions to the fullest extent not inconsistent with such law or regulation.
. - California law governs these Terms and Conditions. The term of Distributor’s appointment is at-will, is renewable annually on 30 days notice, and may be terminated by EMERITUS on 30 days notice at any time. Breach of any promise made by Distributor or failure of Distributor to meet depletion and account placement requirements mutually agreed to between the parties shall be “good cause” for the purposes of any state law.
. - If any dispute occurs related to EMERITUS, EMERITUS Products or Distributor’s rights in to continue distributing EMERITUS Products, Distributor agrees that the same shall be resolved by arbitration in San Francisco in accordance with the Comprehensive Rules and Procedures of JAMS or its successor then in effect, and judgment upon the award rendered shall be final and binding on the parties. The arbitrators are not empowered to award damages in excess of compensatory damages, but shall include in the final award an allocation of attorneys’ fees, costs and expenses incurred in the arbitration, whether or not such fees, costs and expenses would otherwise be recoverable under applicable statues and rules of Court. The arbitrator shall render the award in writing, explaining the factual and legal basis for the decision as to each of the principal issues. The parties and each of them expressly agree that any petition to confirm, modify or enforce the arbitral award, other than for nonpayment of goods sold and delivered, shall be resolved in a State or Federal Court of competent jurisdiction in San Francisco, to which jurisdiction the parties submit.
. - EMERITUS reserves the right to establish standards of re-sale for its Products that protect the brand image and value. EMERITUS specifically reserves the right to terminate sales to accounts that engage in below-cost price promotions that harm the brand, or in practices (such as bait and switch) that are anticompetitive or violate the law of any state. EMERITUS also reserves the right to terminate sales to accounts that repeatedly use “lost leader” advertising on its products that damages the image or reputation of the brand.
. - These Terms and Conditions apply to any goods purchased from EMERITUS.
