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TERMS & CONDITIONS

Terms Of Use

The website displayed at www.scaloncellars.com (this “Site”) is operated by Scalon Cellars Inc. (“SC”). Your use of and access to this Site is conditioned upon your acceptance of these Terms of Use including our Privacy Policy. Every time you use this website, you acknowledge to us that you have read these terms and conditions and agree to be bound by them.

Government Warning

Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.

Permitted Users Of This Site Requirement

This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately. By continuing, you affirm that you are of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing this Site.

Rights To Contents And Intellectual Property

Intellectual property and restrictions on use of content. Unless expressly stated otherwise, all intellectual property rights appearing on this website (such as names, trademarks, logos and copyright material) are owned by us and/or our related companies. Except as permitted by these Terms of Use, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform, or display, commercially exploit, distribute, or transmit any portion of this Site or make any derivative works from this Site in any way without SC’s express prior written consent.

Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Privacy And Personal Information

Any personal information submitted by you on this website is governed by our Privacy Policy.

Use Of This Site

SC maintains this Site for your personal entertainment, information, and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with SC’s express prior written consent. All rights not expressly granted here are reserved to SC.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

No Warranties

SC does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are provided on an “As Is” and “As Available” basis without representations or warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purposes, non-infringement, or accuracy.

SC also assumes no responsibility and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.

Limitation Of Liability

In no event shall SC, its affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Indemnification

You agree to defend, indemnify, and to hold SC, its affiliates, and subsidiaries harmless from and against all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.

On-Line Store Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

Communications With This Site

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. SC will fully comply with any applicable law, regulation, or order of any court or other governmental authority and fully cooperate with all law enforcement authorities, including, but not limited to, maintaining, and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. SC cannot prevent the “harvesting” of information from this Site, and you may be contacted by SC or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of SC, may or may not be posted to this Site at the sole discretion of SC and may be used by SC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, SC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to developing, manufacturing, or marketing products using such information. If you transmit any ideas, concepts, materials, or other communications to this Site, you accept that it will not be treated as confidential and may be used by SC without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although SC may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, SC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. SC assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Termination

At its sole discretion, SC may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

Unaffiliated Products And Sites

Descriptions of, or references to, products, publications or sites not owned by SC, or its affiliates do not imply endorsement of that product, publication or site. SC has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linking Policy

This Site may provide, as a convenience to you, links to sites owned or operated by parties other than SC. Each linked-to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. SC does not control and is not responsible for the availability of content or security of these external sites, nor your experience interacting or using these external sites. SC does not endorse the content, or any products or services available, on such sites. If you link to such sites, you do so at your own risk.

Disclaimer

While we will take all reasonable steps to ensure that this website is accurate, the website and its contents are provided on an “as is” basis. To the maximum extent permitted by law, all warranties in respect of this website and the information contained in it (including the content of or use of this site, the security of your computer in accessing this site, computer viruses, the availability, uptime and security of this site and the integrity of data accessed through this site) are excluded. We (including our related companies) are not liable for any loss or damage which you may suffer as a result of using this website. We reserve the right to revise the content or withdraw access to this website at any time without notice or liability to you.

Governing Law

This Site shall be governed by the laws of the State of California, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that SC intends to make such products or services available in such countries. Any offer for any product, feature service or Application made on this Site is void where prohibited.

These Terms of Use are effective as of December 6, 2023.

PRIVACY POLICY

Privacy Policies

Scalon Cellars is committed to protecting your privacy. This Privacy Policy (‘Policy’) applies when you visit our website at www.scaloncellars.com (the ‘Site’), the websites of any of our affiliates, make a purchase from us, subscribe to our mailing lists or wine allocation programs.

Like many other internet sites, we may use ‘cookies’ in some portions of the Site. The cookies we create will not extract any information from your computer. For more details on our Policy, please read the text below.

Information You Give Us

If you provide information about yourself by purchasing a product (online, in person or by phone), entering a promotion or competition conducted by us, registering to use one of our websites or participating in one of the social media functions related to our product or otherwise voluntarily telling us about yourself, we will collect and use that personal information to respond to your request and for other business purposes, including improving this Site, our products and other experiences for our guests. We may also contact you by email, regular mail, text message or telephone from time to time with information about our products, upcoming events and/or changes to this Site.

We may give you the opportunity, at the time you share your personal information, to have your information shared with our affiliates or selected business partners. If you do not want us to share your information with affiliates or selected business partners, please contact us at admin@scaloncellars.com

To stop receiving our promotions, please click the link found at the bottom of each email or update your account preferences.

Internet Use Related Information

We collect information from visitors to our Site, including but not limited to the referring URL, the IP address, the browser used to locate our Site, the country, state or province where our Site was accessed, and search terms entered on our Site. We track visitor’s traffic patterns during their visit to our Site, including which pages or specific URLs a visitor views while visiting our Site. We use the information collected to improve our Site and we may aggregate the statistics about pages viewed on our Site, demographic information, sales, and other shopping information with third parties to enrich your visitor experience. We may make available third-party applications through our Site or social media applications for your download or use. Information collected by the third-party application provider is governed by their privacy policies and is not under our control.

How To Access Your Personal Information

You have the right to modify the personal information we have about you. You may access and change your personal information (including preferences about how we contact you) by contacting us at admin@scaloncellars.com

Security

The transmission of information via the internet is not completely secure. Although we will protect your personal information in accordance with this Policy, we will not be liable for disclosure of personal information obtained due to errors in transmission.

If you place information on one of our Sites (such as a bulletin board) it will generally be accessible to others. We recommend that you do not post personal information on public areas of our Site as this information will not be covered by this Policy.

Not Directed To Minors

Our Site is not intended for people under the legal drinking age and as a result, we will not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. By viewing, using, or entering information on our site and any related social or other media therein you verify that you are of legal drinking age. For CA residents the legal drinking age is 21 years old or older.

Governing Law

To the extent possible, this Policy and our privacy practices will be subject exclusively to the laws of the State of California within the United States of America. We make representation that this Policy and its practices comply with the laws of any other country.

Contact Us

If you have any questions or concerns about this Policy, please contact us by emailing admin@scaloncellars.com

 

SHIPPING POLICY

Shipping

It is our goal to process and ship your order on the Monday or Tuesday following receipt of your order. Delivery is estimated 3 to 5 business days for the West Coast and 7-10 days for the East Coast weather permitting. You will receive a tracking number once your label is printed, however that tracking number will not become active until your order has been picked up and is in transit. The tracking number will allow you to check on the delivery status of your order through UPS.com. Any changes to your package, once in transit can be made through UPS MY CHOICE. To schedule a faster shipping time or a later shipping date, please contact us directly at (707) 666-2245.

Weather Advisory

Scalon Cellars will not ship your wine when temperatures reach above 90 degrees or below 40 degrees. Your order will be packed and sent out once it is safe. Our shipping department will send you an email with the tracking once your wine leaves the winery. Many of our packages are sent UPS ground. Should you like your wine to be shipped to an area with high temperatures, we highly recommend selecting the Next Day Air shipping option; however, we highly discourage customers from shipping during extreme heat. Adversely, orders being shipped to states that experience extreme winter weather will be delayed until weather subsides.

Shipping Preferences

UPS and FedEx require an adult signature at time of delivery for all alcohol purchases and will not leave package on a doorstep or with a minor even if requested by the purchaser. Please take this into consideration when selecting your shipping address.

Shipping Rates

Scalon Cellars ships wine via UPS-ground. FedEx can be used as well when need be. All prices are determined upon the weight of the package and the destination zip code. UPS will quote all orders directly and Scalon Cellars will charge at the time of the order. We are unable to ship to P.O. Box or APO/FPO address. If you need to expedite shipping, please call us at (707) 666-2245.

Undeliverable Package And Returned Packages

UPS will attempt to deliver packages containing alcohol 3 times before returning it to Scalon Cellars. Scalon Cellars is not responsible for additional shipping charges. All undelivered packages will be processed as a return. Then we will contact you to arrange re-shipping of your package. Additional charges will apply when packages are returned or re-routed. Please take this into consideration when selecting your shipping address for an order.

We Do Not Ship Alcohol To The Following States

The following states are prohibited by state law: Alabama, Alaska, Hawaii, Kentucky, Oklahoma, South Dakota, and Utah.

International Shipping

We are happy to discuss international shipping. Rules and regulations are constantly changing so please call us at (707) 666-2245 to discuss your need.

ALLOCATION POLICIES FAQ

Wine Allocation Policies
How much does it cost to join the Allocation program at Scalon Cellars?

There is no fee to join the allocation shipment.

What is the minimum commitment of shipments for my membership?

Your minimum allocation commitment is 2 shipments of 6 bottles per year of wine selected by you. Unless otherwise stated, 6 bottles of wine in Spring (April) & Fall (October) upon sign up.

What is the cost of the allocation shipments?

Cost of allocation shipments may be subjected to change. Members will be notified if there are any changes in cost of wine shipments.

Will I get charged a tasting fee even if I sign up for the wine allocation the same day?

Yes, we will charge a tasting fee in addition to your allocation sign up same day. After, your minimum commitment of shipments has been met your complimentary tastings will begin to apply. Your wine educator could waive a tasting fee after a high-volume sale as a courtesy.

Is there a cancellation fee associated with canceling my wine allocation prior to my commitment being met?

Yes, we charge 50% of what your shipment cost would have been. We reserve the right to cancel membership or refuse sale of wine for any reason.

If I am a member who has met their minimum requirement for membership and I need to cancel my allocation what do I do?

After minimum is met, members may choose to postpone a shipment or cancel at any time up to one month before shipment with no extra charge. Please contact us at the office at 707-666-2245 or email admin@scaloncellars.com to do this.

How long does my membership last?

Wine allocation shipments auto renew with members information on file without notice of cancellation.

How soon will I know what is included in my club shipments?

The allocation email for Spring will be sent early/mid-March and the allocation email for Fall will be sent early to mid-September. Your allocation email outlines selected allocated wines, new releases, and a chance to update your personal billing and shipping information 1 month prior to your card being charged.

When will my card get charged for my allocation shipments?

We charge twice per year for allocation shipments. Generally, we will charge within the first week of the shipment months in April and October. We email you an invoice of this charge for your records.

If I reside in California, may I request to be a pickup member?

Yes, we do allow local members to pick up their club shipment at our tasting room located in downtown Napa. We allow 30 days from when you have been charged for your club shipment for pick up. If pick up time exceeds 30 days, we will ship your wine to you and charge your card on file for any shipping expenses. You may also have a friend or family member per your permission to pick up your club shipment for you on your behalf. We just ask to be given a call or email so we may note your account.

How soon will I receive my allocation shipment if it is to be shipped?

Allocation shipments may take a few weeks to ship during high volume club months. We appreciate your patience during this busy time. We email you a UPS tracking number to the email on file to track your package. Note: allocation shipments are not an immediate turn around and are subjected for hold due to any weather or inventory constraints per the winery’s decision.

What address do I use for my allocation shipment?

We highly encourage business addresses or UPS pick up locations as the best shipping address. We can still ship to home addresses, but someone over the age of 21 must be present to sign for the wine club shipment.

What happens if my wine shipment gets sent back to the winery?

UPS will make 3 delivery attempts, but if not signed for the wine allocation shipment will be sent back to the winery and member will be charged a reshipping fee of $25.00.

Can I request to be a FedEx shipping member instead of UPS?

Yes, we can ship your wine to you via FedEx. You must tell us this upon sign up or as soon as possible and direct your request to admin@scaloncellars.com or by calling us at (707) 666-2245.

What if I end up with a corked or damaged bottle(s) of wine in my allocation shipment?

We try our best to replace 100% of the corked or damaged wine for you. Winery has the right to investigate or decide to replace any wine shipments that have been reported as lost, stolen, or damaged per our discretion. Please call us as soon as possible to report the status of your wine order.

Can I customize my wine allocation shipment or replace some of the wines in the shipment?

Yes, we provide 2 options to you. We send you a list of available wines and you choose at least 6 bottles that you want to receive, or, you can choose to automatically have 3 bottles of our Priority Red Blend and 3 bottles of Cabernet Sauvignon from our current release at your request. We encourage members to add to their club shipments if they are interested in wines outside of the shipment.

Can I increase my allocation shipment or add on any wines I want in addition to my allocation shipment?

Yes! You may increase your fun by adding to your allocation shipment at admin@scaloncellars.com

Do you offer any case discounts or discounts on the wines?

No, we do not discount any wines. Due to our small nature of a boutique winery, we do not have the capacity to offer case discounts.