GENERAL TERMS AND CONDITIONS OF USE (ONLINE PURCHASES)

These General Terms and Conditions of Use (Online Purchases) (the Policy) applies to the purchase and sale of products through use of the website https://soldiercreekwinery.com(the Site). This Policy constitutes a legal agreement between you and Soldier Creek Winery, LLC (referred to as us or we or our) and sets forth the legal terms and conditions applicable to your use of the Site, and your purchase of any products offered on the Site. Please read this Policy carefully before using the Site. By using this Site, you agree to be bound by and accept the terms and conditions contained in this Policy. If you do not accept any of the terms and conditions contained in this Policy, you may not use this Site. You should also carefully review our Privacy Policy before placing any order for products on the Site.

1. Conditions for Use of the Site. In addition to operating the Site, we operate a winery and tasting room in Fort Dodge, Iowa. We do not maintain any facilities outside the State of Iowa. Many, if not all, of the products offered for sale on our Site contain alcohol. We do not sell alcohol products to persons under the age of 21. By placing an order for products through the Site, you are representing that you are over the age of 21 and that the person receiving a shipment of any product from us is also over the age of 21. You also agree that any product purchased from us is intended for personal consumption, and is not being purchased for resale. If you are accessing this Site from a location outside of the State of Iowa, you are representing that in accessing this Site and purchasing products from the Site, you are legally permitted to do so and are responsible for complying with all laws applicable to your jurisdiction. We do not make any representations regarding the legality of any sales of products to persons located outside the State of Iowa. By using this Site, you agree to be bound by and accept the terms and conditions contained in this Policy. If you are not over the age of 21 or do not agree to any of these terms and conditions, you may not purchase products from the Site. We reserve the right, in our sole discretion, to change this Policy and any of its terms and conditions at any time, without prior written notice to you.
2. Order Acceptance and Cancellation. You may place orders for product with us through this Site. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell the product to you. When your order is approved by your credit card company, we have agreed to sell the product to you and title to the product will be transferred to you at that time. Notwithstanding, we reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a refund credit to your credit card. We reserve the right at any time after receipt of your order, without prior notice to you, and in our sole discretion, to supply less than the quantity you ordered of any product. In the event we do so, you will receive a refund for any excess product ordered by you but not delivered. Once an order has been placed, it generally cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. Please note that we are an Iowa winery selling directly to end user customers of the Site. We do not accept orders from dealers, wholesalers, distributors, exporters, or other customers who intend to resell the products which are offered on our Site. We make every effort to maintain the availability of our products on our Site and of the Site itself. However, should we experience technical difficulties with our Site or order processing, we are not responsible for orders that are not processed or accepted in a timely fashion.
3. Payment Terms and Sales Taxes. Terms of payment are within our sole discretion and, unless otherwise agreed to by us in writing, payment is due at the time the order is placed. For your convenience, we accept VISA, MasterCard, American Express, and Discover credit cards for all purchases made using the Site. If paying with a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be made in U.S. currency. Your current billing address and phone information must be included with every order. In the event we ship product purchased by you from this Site to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the state taxes (including sales tax), if any, assessed by your state for that transaction; otherwise, Iowa sales taxes will be assessed on the sale. In the event your credit card is declined, or you fail to make immediate payment for product purchased on the Site, you agree to pay interest on all past-due sums at the highest rate permitted by law. Please be advised that we retain a security interest in all products purchased by you from the Site and all proceeds thereof, until the full purchase price, including taxes and any additional charges, has been paid to us. Restocking fees, charges for shipping and handling, and other charges will be made in accordance with our then-current shipping policies, as described below.
4. Changes in Products and Pricing. We are constantly updating and revising our offerings of products. Accordingly, we may discontinue products at any time without notice. To the extent that we provide any information on the Site or by other means regarding the availability of any products on this Site, you should not rely on such information, and we will not be liable for any lack of availability of any such products that you may order through the Site. If you have any questions regarding the availability of any products offered on our Site, please contact us. All pricing for the products and services available on our Site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, costs of production, errors in advertisements, or other extenuating circumstances.
5. Shipping Policy. When you purchase products through the Site, you are purchasing the products in Iowa. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you, at the address or location provided by you. We make no representations about the legality of shipping alcoholic beverages to the particular address provided or to your location. You are responsible for complying with all laws regarding such shipments. By asking us to ship products to you, you are representing that you have obtained any required permits or permissions, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the product, are legally entitled to take the quantities ordered, and that you and the person accepting delivery of the product are at least 21 years of age. Accepted orders for products purchased on the Site are typically shipped to our customers via third party carrier (e.g., UPS, FedEx). An adult over the age of 21 must accept delivery of any product purchased on the Site. Our carriers are instructed to verify age upon delivery. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders will be or can be accepted. Please note that to the extent the posted shipping time frame is listed on the individual product page, it may vary from item to item and is merely an estimate. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization, or for other reasons. There may be occasional delays beyond the posted order processing date and time. In the event of such delays, we will attempt to notify you and provide you with an expected delivery date and time. These shipping terms are deemed acceptable to you when you place an order with us.
6. Copyright and Trademark Information. You are free to browse the Site and its content. You are free to view and download any material displayed on the Site for your personal, non-commercial use only, provided you retain all copyright, trademark, and other proprietary notices contained with these materials. You may not distribute, retransmit, republish, reuse, re-post, or use the contents of this Site for any public or commercial purpose, without our prior express written consent. You may not alter or interfere with the content or the functions of this Site, or mirror any content contained on this Site on any other server. The materials contained on this Site are proprietary and copyrighted and any unauthorized use may violate copyright laws, trademark laws, laws regarding privacy or publicity, and communications regulations and statutes. If you breach any of the terms and conditions contained in this Policy, your privilege to use this Site will terminate automatically.
7. Advertising Disclaimer. The descriptions of the products offered on our site, and representations regarding the texture and flavor of the products constitute opinions only, and should not be relied on as factual representations. We are not responsible for the accuracy of such descriptions, nor are we responsible for any typographical, pricing, product information, advertising or shipping errors. In the event a product is listed on the Site at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. All trademarks relating to products available through our Site are the sole property of their respective owners. Photographs of the products are provided to you for your viewing pleasure and are courtesy of the respective manufacturers/owners.
8. Conduct on the Site. When using the Site, you may not (a) violate any law or regulation, (b) violate, infringe, or misappropriate any of our intellectual property or privacy rights, (c) post or share anything that is illegal, abusive, harassing, defamatory, indecent, profane, obscene, or otherwise objectionable, (d) send any unsolicited or unauthorized advertising or commercial communications (including spam) to us or any user of the Site, (e) transmit any computer virus, or use any technological means to disrupt, damage, or interfere with the functions of the Site or use of the Site by others, (f) stalk, harass, or harm us or any user of the Site, (g) impersonate any person or entity in connection with any phishing efforts or campaigns, (h) use any automated or robotic methods to access the Site, (i) attempt in any way to circumvent any technological protections or measures implemented by us or any third party company or provider to protect the Site or its contents, (j) attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, (k) gain any unauthorized access to the Site or to any of the computer systems or networks connected to the Site, or (l) advocate, encourage, or assist any other person or entity to do any of the foregoing. In the event you violate any of these provisions regarding conduct, your privilege to use the Site will immediately terminate and you may be subject to legal action.
9. Limitation of Liability. Our responsibility for defects relating to the products available on our Site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY OF THE PRODUCTS WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR AFFILIATES) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
10. Returns. While we do not offer any warranties with respect to the products available through our Site, we are committed to working with you to ensure that you are satisfied with your purchase. Accordingly, we offer a 14-day return policy on most items, with proof of purchase. All returns, however, must be made in accordance with applicable law.
11. Shipment of Returned Items. When you purchase products through this Site, you are purchasing the products in Iowa. When shipping your returned items back to us, all returned products must be fully and properly secured, sealed, and intact so as to avoid any contamination, spoilage, leakage, or spillage, and must be shipped using an approved carrier. Please utilize to the extent possible, all original packaging materials and contents. Unless otherwise indicated herein, you are responsible for paying all shipping charges incurred in connection with the return of any products to us. You accept all risk of loss or damage caused by or resulting to the products during shipment. For your protection, we strongly recommend that you fully insure your return shipment to us against any loss or damage and that you use a carrier that can provide you with proof of delivery.
12. Damaged or Defective Products. If your order arrives in a damaged condition, you must save all product and the original box and packaging material it arrived in, and notify us immediately for replacement. Defective returns can be returned directly to us within 14 days from the purchase date, for credit, replacement, or exchange (at our discretion). To the extent possible, damaged or defective products will be replaced with non-defective product of the same type and quality as the product ordered.
13. Incorrect Orders. If any product is received which was not ordered by you, or if product is incorrectly delivered in response to an order, please contact us for a refund.
14. Non-Defective Products. If at any time you are unhappy with your purchase, you may return the product for a refund. All non-defective returns, however, are subject to a 15% restocking fee.
15. Cancellations. If you have placed an order for pick up and want to cancel it, please contact us at 515-216-0987. Cancellations are subject to a 15% restocking fee.
16. Complaints. If you have any complaints about the product, use of the Site, or how any order was handled or processed by our staff, please contact us at 515-216-0987. However, please be aware that the policies set forth in this agreement are your sole and exclusive rights with respect to return of products and services that you may purchase through our Site.
17. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by you or us, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
18. Entire Agreement and Other Documents. These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by any conduct of either party or the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
19. Conflict of Laws. We make no representation that the products available through our Site are appropriate or available for use in locations outside of the State of Iowa, or the United States, and accessing them from territories where such products are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
20. Governing Law and Statute of Limitations. This Site is controlled by us from our offices within the State of Iowa, United States of America. It can be accessed from all 50 states, as well as from other locations around the world. As each of these places has laws that may differ from those of Iowa, by accessing this Site both you and us agree that the statutes and laws of the State of Iowa, without regard to conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products available through this Site. 
21. Soldier Creek Winery, LLC Wine Club. In addition to being able to purchase product directly from our Site, we also offer customers membership in our Paragon Wine Club. Information regarding our wine club is available on the Site. In addition to a discount on tasting room purchases, members are offered additional benefits, including advanced notification of new product releases and information regarding upcoming events hosted by us. For the convenience of our members, we offer six different clubs. Membership may be terminated by us or the member at any time. As a condition for membership in the wine club, members purchase product from us on a quarterly basis. The members credit card is charged automatically at the time the product is shipped to the member. Alternatively, product may be picked up at the tasting room. All purchases made through the wine club are subject to the terms and conditions contained in this Policy and our Privacy Policy.