WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defects.
We collect certain non-personal, anonymous information when you visit our Site which helps us understand how visitors browse our Site, so that we can make their shopping experience better. In addition, we may also collect certain personal information that you provide to us, including name and email address, mailing address, birthday and other information if, for example, you complete our order forms, surveys, or registration forms, subscribe to our services or newsletters, or participate in one of our contests or sweepstakes.
Personal information may be used in several ways:
- To enable us to respond to you or to process, validate, and verify service requests and to perform the requested services
- To allow us to charge and invoice you and to contact you regarding changes to the subscribed services
- To give our Site designers information that is useful for developing new features and services
- To tailor the customer’s experience on our Site, showing them content we think might interest them or altering the content according to their preferences
- To keep friends and customers apprised of our wine release dates, purchasing opportunities, special events and offers
We do not provide or sell your contact information to other parties, except as necessary to complete transactions with you. We will retain your information for as long as your account is active or as necessary to provide you services and to maintain a record of your transactions for financial reporting and compliance purposes.
Lagniappe Peak reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site.
This Site may contain links to other sites. Lagniappe Peak is not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each site that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.
Lagniappe Peak reserves the right to modify this privacy statement at any time, with or without notice to its customers.
Lagniappe Peak may share aggregate statistical information gathered from use of the Site with advertisers, business partners, sponsor or other third parties. For example, we may tell an advertiser that X number of visitors visited a certain area on a web site or that ABC domain referred Y number of visitors to our website.
- Keep count of your return visits to our Site or our clients' sites
- Accumulate and report anonymous, aggregate, statistical information on Site usage
- Deliver content specific to your interests
- Save your password so you don't have to re-enter it each time you visit our Site
You have control over cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you reject some or all cookies, your experience at our Site and on other sites may not be complete. Some sites require cookies to function, such as those with certain e-commerce features. If you do not allow cookies, you will not be able to take advantage of personalized content delivery offered by us or other internet sites.
If you send a gift from our Site, we will collect and use the information provided to us about you and the gift recipient in line with our stated policies for direct purchasers.
GENERAL TERMS AND CONDITIONS
Using the Site constitutes your agreement to the terms and conditions listed below. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Site or any information or materials contained on this Site. Lagniappe Peak reserves the right to update or revise these terms at any time with or without notice to you. Please check this page periodically for changes. Your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Lagniappe Peak reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Lagniappe Peak Site may not be legal by certain persons or in certain countries. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Lagniappe Peak to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lagniappe Peak in writing. These Terms and Conditions will inure to the benefit of Lagniappe Peak, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Our website is created and maintained by Lagniappe Peak in the State of California, USA. Please be advised that the laws of the State of California and controlling United States federal laws govern these disclaimers, terms, and conditions without giving effect to any principles of choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Napa County, in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the Site. We reserve the right to make changes to our Site and these disclaimers, terms, and conditions at any time.
From time to time, this Site may also include links to other websites. These links are provided for your convenience to provide further information. We have no responsibility for the content of the linked website(s).
Despite our best efforts, errors can and do occur and we sincerely apologize in advance for inaccuracies relating to product descriptions, pricing, and availability. Please understand that we reserve the right to correct errors and omissions without prior notice and to cancel any offered product or service in the event of an error or omission.
The Sale of Alcoholic Beverages
Legal Requirements. Lagniappe Peak does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from Lagniappe Peak is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from Lagniappe Peak is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, Lagniappe Peak shall have the right to take action against you or seek indemnification from you for any suit to which Lagniappe Peak may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Lagniappe Peak hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Sales and Shipping. Our wine is offered for sale on this Site to adults of legal drinking age and only to states where shipping is permitted.
During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Lagniappe Peak is not responsible for, and will not replace wine that is damaged by, extreme weather conditions during shipment.
All wines are sold in California and title passes to the buyer in California. Lagniappe Peak makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California. The buyer is solely responsible for shipment of wines. By placing an order, you are authorizing Lagniappe Peak to act on your behalf to engage a common carrier to deliver the items in your order.
Please note that Lagniappe Peak may not be able to ship wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. Lagniappe Peak will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Lagniappe Peak in its sole discretion believes that such shipment will not subject Lagniappe Peak to the risk of any sort of legal action or other harm. If a buyer lives in a state where the direct shipment of wine by Lagniappe Peak may violate the law, we will contact the buyer to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.
An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult aged 21 years of age or older will be present and available to sign for your shipment. Lagniappe Peak will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.
Drink Responsibly. Lagniappe Peak does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible advertising of our products.
Disclaimer of Warranties
ALTHOUGH LAGNIAPPE PEAK ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE LAGNIAPPE PEAK SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE LAGNIAPPE PEAK SITE. LAGNIAPPE PEAK DOES NOT WARRANT THAT YOUR USE OF THE LAGNIAPPE PEAK SITE, OR THE OPERATION OR FUNCTION OF THE LAGNIAPPE PEAK SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE LAGNIAPPE PEAK SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. LAGNIAPPE PEAK AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE LAGNIAPPE PEAK SITE. THE LAGNIAPPE PEAK SITE CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL LAGNIAPPE PEAK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LAGNIAPPE PEAK SITE, THE USE OR PERFORMANCE OF THE LAGNIAPPE PEAK SITE, THE DELAY OR INABILITY TO USE THE LAGNIAPPE PEAK SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LAGNIAPPE PEAK SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LAGNIAPPE PEAK SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LAGNIAPPE PEAK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LAGNIAPPE PEAK SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LAGNIAPPE PEAK SITE.