Policies
TERMS AND CONDITIONS
Thank you for visiting http://www.martinestate.com, the website of Martin Estate® (the “Site”). Your use of and access to this Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy (below). By accessing and using this Site, you are agreeing to these Terms of Use and our Privacy Policy. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site. The content of the pages of this website is for your general information only. We do not provide any warranty or guarantee as to the accuracy, timeliness, or completeness of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The Site is owned by Puerta Dorada LLC dba Martin Estate, Post Office Box 390, Rutherford, CA 94573, USA (“Martin Estate”, “us”, “we”, or “our”).
Martin Estate reserves the right to modify and update these policies at any time, and it is specified that any modifications and updates of the policies shall apply as soon as they are posted online.
USER AGE
This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. Martin Estate does not knowingly attempt to solicit or receive any information from persons under age 21. By using the Site, you are representing that you are at least 21 years of age.
ATTENTION CALIFORNIA RESIDENTS
Proposition 65 WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy, Can Cause Birth Defects.
PRIVACY
It is important that you understand the way in which we will use the information about you. Please refer to Our Privacy Policy (below) for further details.
TRADEMARK
Martin Estate®, A Classic is Forever ®, Puerta Dorada ®, Do you know where your wine has been? ®, and Greetings from the Napa Valley ®, are registered trademarks owned by us, along with other logos and creative materials on our products and on this Site. Any use or reproduction of these trademarks without our prior written consent is prohibited.
All logos and graphics using the Martin Estate name are the intellectual property of Martin Estate. Martin Estate’s logo may not be used without prior written permission. All materials on this Website, including, but not limited to, graphics, design, text, layout, audio, and video are the property of Martin Estate, or are used with permission of third party licensors and are protected by copyright or other intellectual property laws. You may not use, transmit, reproduce, or distribute any of the information or material on any other site, in the metatags of any other site, or in any other material. Except as provided herein, you are not permitted to modify, create derivative works, distribute, or otherwise use any material found within this Website.
Use of and Downloading of Materials
Materials on this Site may be used only for your personal, non-commercial use, provided you do not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notices or legends appearing on any of the Materials. You may not engage in systematic retrieval of data or other Materials from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Martin Estate, nor may you mirror on your own site, or other publication, the home page or results pages of this Site.
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.
Use of the Materials for any purpose not expressly permitted in these Terms of Use is prohibited. If you (or a legal entity for which you are an officer, director, employee, or other agent) own and operate a website or engage in other Internet activity, such as electronic commerce, communication, publishing and transmission, and want to download, post, publish, or use Materials for any such website or Internet activity, you will need permission from Martin Estate even if your website or Internet activity is free of charge.
NO WARRANTIES
We assume 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, or images from the Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MARTIN ESTATE, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER AGENTS, CONSULTANTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OR REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES), INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, AUTHORIZED USE, PERFORMANCE, OR NONPERFORMANCE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MARTIN ESTATE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
INDEMNIFICATION
You agree to defend, indemnify and hold Martin Estate and its affiliates, related companies, directors, officers, employees, shareholders, successors or heirs harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site, or your breach or violation of the law or of these Terms of Use.
OUR COMMITMENT TO ACCESSIBILITY
Martin Estate is committed to accessibility, diversity and inclusion. We believe all of our visitors should be able to experience our site. We are currently in the process of modifying and updating our website to help ensure that it is accessible to all. If you are having difficulty with your browsing experience, contact us at wines@martinestate.com and we will be able to provide you with assistance.
TERMINATION
You agree that Martin Estate, in its sole discretion and without notice, may terminate your password, account (or any part thereof) or access to or use of the Site or any portion thereof, and remove and discard any content within the Site, at any time and for any reason, including, without limitation, if Martin Estate believes that you have violated or acted inconsistently with these Terms of Use. Martin Estate reserves the right to prohibit or restrict access to the Site to anyone at any time, with or without cause. Martin Estate may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, temporarily or permanently, without notice, at any time, for any reason. You agree that Martin Estate shall not be liable to you or any third party for any termination of your access to the Site or for any modification, suspension or discontinuation of the Site.
DISPUTE
Your use of this website and any dispute arising out of such use of the website is subject to the Laws of the United States. California Law, and controlling United States Federal Laws will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa, Napa County, State of California, United States, for the resolution of all disputes arising from, or related to these Terms and Conditions or your use of the website.
CHANGES TO THESE TERMS
We may amend these Terms from time to time. We will post changes to these Terms on this Site.
PRIVACY POLICY
Puerta Dorada, LLC dba Martin Estate (“Martin Estate”, “us”, “we”, or “our”) owns and operates http://www.martinestate.com (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of personal information we receive from users of the Site. We use your personal information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
INFORMATION COLLECTION AND USE
If you provide information about yourself by purchasing a product (online, in person or by phone), signing up for our mailing list 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, or telephone from time to time with information about our products, upcoming events and/or changes to this Site.
LOG DATA
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
COOKIES
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. Like many sites, we may use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
LEGAL DRINKING AGE
Our Site is not directed at children or persons under the legal drinking age and as a result, we will not knowingly collect information from minors with or without consent from their parents or guardians.
SECURITY
The security of your personal information is important to us, however, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
INFORMATION WE SHARE WITH OTHERS
We do not share or sell your information to anyone nor do we contribute to or participate in shared or cooperative databases.
CHOICE/OPT-OUT
Our Site provides users the opportunity to opt-out of receiving communications from us. To do so, simply email wines@martinestate.com with the word “UNSUBSCRIBE” in the subject line.
CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the Site. You are advised to review this Privacy Policy periodically for any changes.
CONTACT US
If you have any questions or concerns about this Privacy Policy, please contact us via email at info@martinestate.com.
Shipping
You must be 21 years or older to buy wine. By placing your order with Martin Estate, you certify under penalty of perjury that you and the recipient are at least 21 years old. When the wine is delivered, the recipient will be required to show identification proving that he or she is at least 21 years old. No shipments will be left without an adult signature, so we strongly suggest shipping to a business address. We cannot ship to a U.S. Postal Service Box.
Customers are responsible for additional shipping costs due to missed deliveries and shipment address changes.
By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to your selected destination.
Current regulations prevent us from shipping to addresses in the following states: AL (exception: shipments sent to licensed ABC Stores), DE, MS, NH, UT, and VT.
RETURN/EXCHANGE POLICY
Wine is a perishable commodity. It is intolerant of temperature extremes: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Martin Estate makes every effort to ensure a safe delivery of your wine to your home or business. Martin Estate is not responsible for, and will not replace, wine that is damaged by extreme weather conditions during shipment. When the common carrier takes possession of your wine order, responsibility for the wine transfers to the purchaser.
Your satisfaction is very important to us. We will replace or refund any bottle of wine that is damaged, flawed or that the customer finds unsatisfactory. Please notify us at wines@martinestate.com within six months of purchase. We ask the customer return the unfinished portion of the original bottle for replacement. After six months from the date of purchase wine cannot be returned. Shipping charges for returns and replacements are the responsibility of the purchaser. By law, we cannot accept returns of alcoholic beverages unless the product is corked or flawed. Therefore, we are unable to accept return of wine that is ordered in error. Martin Estate will not accept claims from individuals who purchased or received wine from a third party. Furthermore, any bottle acquired from a vintage that is older than 10 years from the year of purchase cannot be returned for any reason and the purchaser assumes all risk.
A 20% restocking fee in addition to the original shipping charges will apply to all canceled orders that shipped and have been returned.
CREDIT CARD REFUNDS
Once the wine to be refunded is received, Martin Estate will refund your credit card account for the cost of the wine, less shipping charges. A 20% restocking fee in addition to the original shipping charges will apply to all canceled orders that shipped and have been returned.
Refunds will be applied to the credit card used at the time of purchase. Please allow 1-2 billing cycles for the refund credit to appear on your statement.