Terms of Service
Welcome to herzogwine.com (the “website” or “site”) of Royal Wine Corporation, D.B.A. Herzog Wine Cellars (“Herzog,” “we,” “our” or “us”). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by the terms and conditions set forth hereafter (the “Conditions”).
We may change the terms that govern your use of our Site at our sole discretion. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move, delete and/or add portions to our Site from time to time.
Unless otherwise noted, all materials, including illustration, images, icons, designs, photographs, video clips and written and other materials that appear as part of this Site (collectively, the “Contents”) are trademarks, copyrights, trade dress and/or other intellectual property owned, controlled or licensed by Herzog Wine Cellars. The Contents and Site as a whole is protected by copyright and trade dress rights. All worldwide rights, title and interests are reserved. The Contents of our site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of products from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded software or materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), transmit, publish, distribute, modify, display, create derivative works from, sell or participate in any sale of, or exploit in any manner, in whole or in part, any of the Contents, the Site, or any related software.
Product Availability & Pricing
Our products displayed at the Site are available through our Site while supplies last. In some cases, merchandise displayed for sale on the Site may not be available for immediate purchase and/or shipment. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
In the event one of our products is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Herzog Wine Cellars shall further have the right to cancel or refuse any such orders whether or not the order has been confirmed and your credit card has already been charged. If your credit card has already been charged for the purchase of such product and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Links to Other Web Sites and Services
This Site may contain links to outside services and resources. You acknowledge that we are not responsible for the contents of any linked site or any link contained in a linked site, or any updates or changes to such sites; and we are not responsible for any other form of transmission received from any linked site. Herzog Wine Cellars is providing these links to you only as a convenience, and the inclusion of any link does not in any way imply endorsement by us of the site. Any concerns you may have regarding any such link should be directed to the particular third party website.
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HERZOG WINE CELLARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HERZOG WINE CELLARS DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. HERZOG WINE CELLARS DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. HERZOG WINE CELLARS RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT, SHALL HERZOG WINE CELLARS OR ANY OF OUR AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (I) THE USE OF, OR INABILITY TO USE, THE SITE; (II) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (III) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF HERZOG WINE CELLARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST HERZOG WINE CELLARS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF HERZOG WINE CELLARS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, HERZOG WINE CELLARS’ LIABILITY SHALL IN NO EVENT EXCEED $50.00US. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Herzog Wine Cellars (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from and against any and all damages, claims, costs and expenses (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, arising from or related to your use of the Site or any claim by a third party that your Comments infringe the third party’s rights.
Unless otherwise specified and except to the extent Herzog Wine Cellars products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Herzog Wine Cellars’ products and services available in the United States. This Site is maintained by our marketing department and any questions regarding the operation and maintenance of this Site should be made to firstname.lastname@example.org. If any portion of these Conditions is held to be invalid and unenforceable, the invalid or unenforceable portion shall be modified in accordance with applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of the Conditions shall remain in full force and effect. The failure of Herzog Wine Cellars to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right herein.
Choice of Law
These Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Central District of California.