Terms and Conditions

 

Please read the following carefully.

By selecting the “I agree to the Terms of Service” box on the Membership Application you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them.

If you have any questions with respect to these Terms, please ask a staff member or contact our Tasting Room at (816) 858-5528. Your acceptance of these Terms creates a binding contract governing the terms of your membership in Jowler Creek Winery Inc.’s Creek Club (the “Club”) and no other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms instituted by Jowler Creek Winery as in accordance with these Terms.

1.       Membership Benefits; Accounts  Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members are entitled to receive the monthly wine (s) and additional Club member benefits as provided from time to time by Jowler Creek Winery. The member benefits are presented in more detail on the Club Options Types page available under the Wine Club tab on Jowler Creek Winery’s website located at jowlercreekwinery.com (the “Website”). Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Club membership, and accounts under the same name and address will automatically be combined.  Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, benefits and communications may be based on geographic location, Club participation, information supplied by the member or the volume or type of purchases made by a member. You must present Jowler Creek Winery’s Creek Club membership card with every transaction in order to assure accurate tracking of your membership benefits.  In order to be eligible for membership benefits your account must be (1) open, (2) in good standing and (3) current membership fees must have been paid.  Abuse of Club membership (for example, by failing to follow the Terms, allowing others to use your membership number or other improper conduct as determined by Jowler Creek Winery in its sole discretion) may result in termination of your membership and disqualify you from future Club participation. In the event of any issues or discrepancies regarding membership benefits, Jowler Creek Winery must be notified within 90 days of your original transaction by calling (816) 858-5528.

2.       Fees   Basic fees for Club memberships, as well as sales tax, are automatically billed to your credit card. You will be charged for the first month on the date you sign-up for the club. The following monthly payments will be made on the same date you signed up in each subsequent month preceding when the wine is available for pick-up, or on the 28th of each month (whichever comes first). All fees charge, are non-refundable except as expressly set forth in these Terms.  Notwithstanding when fees are billed to a member, all Club benefits are activated promptly following registration in the Club, except that a member will not receive his or her monthly (if picked up in store) wine(s) until the next month after registration.

3.       Membership Term, Changes and Renewal  All memberships are on a month to month basis, and your membership automatically renews each month on the first day of the month. If you wish to cancel your membership, you must let us know at least three (3) days before the end of the month preceding the month for which your cancellation is to be effective, and any fees already charged for any membership, are non-refundable. In addition, it is your responsibility to inform Jowler Creek Winery of any changes to your membership record and information. Changes to your membership account and information, including cancellations, may be submitted, in person at our tasting room, by e-mailing the winery at info@jowlercreek.com, or by calling the tasting room at (816) 858-5528. All changes, including cancellations, must be received at least three (3) days prior to any charge or shipment in order to be effective to avoid that charge or shipment. Fees will be due for any cancellations or changes not submitted prior to the Club’s processing time for a particular charge or shipment, as specified above.

4.       Limitations; Legal Compliance  Member discounts and benefits are not valid with other special offers or discounts offered by Jowler Creek Winery. Member benefits are non-transferable. All goods, services and benefits provided by Jowler Creek Winery, including wines, are only provided and/or shipped to such states in which Jowler Creek Winery and/or VinoShipper is licensed to provide such goods, services and benefits. Jowler Creek Winery and/or VinoShipper is not engaged in the shipping or importing of wines or other products into or from any state, country or other jurisdiction where it is not so licensed. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. If any product is requested to be provided in or shipped to any state where Jowler Creek Winery and/or VinoShipper is not appropriately licensed, Jowler Creek Winery can refuse such shipment. Wines will be provided or delivered only to persons who are at least 21 years old. In joining the Club, you represent to Jowler Creek Winery and/or VinoShipper that you are at least 21 years old and the person to whom delivery of any wine will be made. When your wine is picked up or delivered, the person receiving the product will be required to show identification proving Club membership and that he or she is at least 21 years old.  Wines provided or delivered by the Club are not for resale and are for personal consumption only. Jowler Creek Winery has the right to terminate or suspend the Club, or your membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.

5.       Damage During Shipment  If you have selected the option of shipment of your wine to you, the wine will be sent monthly, and there is no available return or exchange for shipped wines except as set forth in this paragraph.  Wine is a delicate and perishable commodity, and if your wine is being shipped, conditions outside of the control of Jowler Creek Winery may adversely affect the wine during shipment. If your wine, at the time of delivery, is received damaged, spoiled or otherwise defective, you may contact us regarding the damage and Jowler Creek Winery may, in its discretion and based on the particular conditions of each such circumstance, send a replacement in exchange, which is your sole and exclusive remedy for damaged or defective product. Jowler Creek Winery will not refund shipping charges, and additional shipping and other charges will apply to deliveries to you that are returned as undeliverable or refused.

6.       Unavoidable Delay  In the event of any circumstances outside of the control of Jowler Creek Winery and which prevent, hinder or delay Jowler Creek Winery from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping, Jowler Creek Winery’s obligations will be suspended for the term of such event or Jowler Creek Winery may elect to cancel the Club or Club membership for the affected members.

7.       Changes in Shipping; Changes in Law  Shipping costs will vary by state and location and may be changed by Jowler Creek Winery from time to time. In addition, due to the ever-changing nature of alcohol and other wine related laws, we may, from time to time, be advised that we are not able to complete delivery of a wine or ship wine to you. If we are unable to ship your wine to you, we will offer you the option to change your membership to an in-store pick up membership and you can pick up your wines in our tasting room. If that is not agreeable, you may cancel your membership in accordance with Section 4, above, and you may receive a refund of any membership fees paid for wine that we are not able to ship to you based on such a change in laws.

8.       Disclaimer  YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY JOWLER CREEK WINERY AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  JOWLER CREEK WINERY TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. JOWLER CREEK WINERY WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT JOWLER CREEK WINERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By joining the Club, you agree to defend, indemnify, and hold harmless Jowler Creek Winery and its affiliates, and their respective owners, officers, directors, employees, representatives and agents, from and against any and all losses, claims, damages, costs and expenses related to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership.

 

 

9.       Personal Information  Jowler Creek Winery requires certain personal information from you to verify and administer your Club membership, and you agree that you have freely provided that information. Any personally identifying information you provide to Jowler Creek Winery or affiliated companies may be used for our internal business and for account management, customer service and related purposes; however, your personally identifying information will not be sold, licensed or disclosed to any parties other than Jowler Creek Winery’s affiliates. You authorize Jowler Creek Winery to send you marketing communications and special offers as part of your membership benefits.  To change your Marketing Preferences, please call the winery at (816) 858-5528 or e-mail us at info@jowlercreek.com. Notwithstanding any other statements or representations contained here or elsewhere, Jowler Creek Winery reserves its right to disclose any information in its possession if it is required to do so by law or legal process, or if it believes, in good faith, that such a disclosure is necessary to comply with law or legal process, to defend its rights or to respond to an emergency situation. If you are concerned about the information you have provided to Jowler Creek Winery, or have any questions regarding the retention of that information, please visit or call the winery at (816) 858-5528.  Jowler Creek Winery will make reasonable efforts to resolve any concerns.

10.   Governing Law; Venue  These terms are governed by the substantive laws of the State of Missouri, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Platte County, Missouri with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

11.   Miscellaneous  If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Jowler Creek Winery with respect to your membership in the Club and the goods, services and benefits provided by Jowler Creek Winery and related to the Club.

12.   Change in Terms  These Terms shall remain in full force and effect while you are a member of the Club, and only Jowler Creek Winery may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. Jowler Creek Winery may make any such changes at any time, with or without notice, even though such changes may affect the value of frequent diner points already accumulated, the value of the rewards and/or the time of redemptions.  Provided, however, that any revision shall not apply to disputes of which Jowler Creek Winery had notice on or before the date the change or revision is instituted.  To review the most recent version of these Terms, please regularly visit the Wine Club Terms & Conditions page available under the Wine Club/Club Option tab on the Website.