Terms of Service and Conditions of Sale
General Terms and Conditions
Your use of the Elusa Winery (“Elusa”) Site is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). 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, or place any orders or otherwise purchase products. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. We may update these conditions at any time and from time to time, and your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, device or online account, and any account information saved thereon; and you agree to accept responsibility for all activities that occur under your account or password. Elusa reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Sale of Alcoholic Beverages
Elusa does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated.
You also agree that any alcohol purchased from the Site is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Site. If you intentionally or unintentionally misrepresent your or someone else’s age in order to provide alcohol to a person under the age of 21, Elusa shall have the right to take action against you or seek indemnification from you for any suit to which we may be subject to the full extent allowable by law. As required by the Communications Decency Act of 1996, Elusa hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Proposition 65 Notice
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.
Elusa does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible use and advertising of our products.
Credit Card Charges
We offer the following membership offerings, which may change from time to time:
- Essential – Receive a six-bottle assortment of Elusa wines twice yearly
- Evolution – Receive three different wines from the Elusa library twice yearly. Shipments include two bottles of each selection per shipment (six bottles per shipment.)
- Experience – Receive twelve bottles of Elusa’s best wines twice yearly, for a total of twenty-four bottles per year.
All of the above membership offerings are offered as subscription programs that automatically renew unless and until you cancel your membership or your membership is terminated pursuant to these terms and conditions of use.
By signing up as a member, you are agreeing to the automatic renewal of your membership and having your credit card automatically charged twice per year prior to each shipment for the amount charged per shipment for each membership level depends on the membership selected plus any applicable taxes and shipping charges.
Cancellation of Membership:
In order to cancel your subscription, you can either:
We must receive your notice of cancellation at least one week prior to the next shipment for it to be effective prior to that shipment.
We will send you a confirmation email with the automatic renewal disclosure and cancellation information to the email address you provide us. Please make sure to keep a copy for your records.
Errors and Omissions
Occasionally, our listed prices, bottle sizes, vintages or quantities may be incorrect. We make every effort to make sure that our product database is accurate; however, in the event any such mistakes occur, Elusa shall be held harmless for any such errors. In the event that a discrepancy is identified prior to processing of an order, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible). We will not fulfill an order if we determine in our sole discretion that it was entered due to a mistake, and will attempt to contact you in such event. If you make a mistake in the entry of an order that you place, contact us immediately before the order is processed so that we can correct your order. If your order has already shipped before you alert us to an error you made in the entry of your order, you may be responsible for additional shipping costs or other costs we incur as a result.
Sales and Shipping
All orders are processed at, and shipped from Copper Peak Logistics. We ship locally by FedEx or USPS and our shipping prices include packaging materials. Unless you live on the West Coast, we strongly discourage you from selecting Ground Service as your shipping method and do not ship during certain months of the year via Ground Service. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. We want to ensure that you receive wine you order from us in good condition. If it is damaged in the course of shipping, contact us with 10 days of receipt and we will arrange for a replacement. Elusa reserves the right to deny the replacement of wine that is damaged by extreme weather conditions during shipment or consumer neglect.
You agree that you are not purchasing wine from Elusa to resell, unless you are a licensed party.
Please note that Elusa may not be able to ship wine to certain states. Due to changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. Elusa will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Elusa in its sole discretion believes that such shipment will not subject us to the risk of any sort of legal action or other harm. The Site will not allow you to place an order if we cannot legally ship to you. If you live in a state where the direct shipment of wine by us may violate the law, we will contact you to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.
We will notify you by email when your wines are ready to be shipped. Please be aware that your order may be delayed until ideal weather and shipping conditions arise to protect your wines. An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult 21 years of age or older will be present and available to sign for your shipment. If no one will be at home to accept delivery, we recommend using a business address for shipping, or arranging with your shipper to hold your shipment at their location for pickup. We will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.
Please contact Concierge@ElusaWinery.com with any questions or concerns you may have regarding our shipping policies.
All wine is sold in the state of California and the title passes to the buyer in California. We collect sales tax for the states to which we ship at the applicable rates for each state.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability 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. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that Elusa and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the website may not be legal by certain persons or in certain countries.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Our trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Silver Rose Winery Operator dba Elusa Winery in the U.S. and/or other countries. Elusa’s trademarks and trade dress may not be used in connection with any product or service that is not Elusa’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Elusa. All other trademarks not owned by Elusa that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Elusa. Any trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
License and Site Access
Elusa grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Elusa. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent.
You may not reproduce, decompile, modify, or otherwise use the Site or its underlying source code for any purposes other than for its intended use by Elusa. You may not use the site for testing, analysis, or other similar purposes without the express approval of Elusa. You may not use any meta tags or any other “hidden text” utilizing Elusa’s name, portion thereof, abbreviation, or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by these Terms and Conditions. Contact Concierge@ElusaWinery.com for requests involving any of the uses in this paragraph.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site www.elusawinery.com so long as the link does not portray Elusa or its products or services in a false, misleading, derogatory, or otherwise harmful or offensive manner. Should you wish to link to a particular page other than the home page, or to any particular product located on the Site, you must seek prior permission for such link by contacting us at Concierge@ElusaWinery.com You may not use our logo or other proprietary graphic or trademark as part of any link without express written permission.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s), and your use of any linked website is subject to the terms of those websites.
These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of Elusa. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Elusa shall be null and void. These Terms and Conditions will inure to the benefit of Elusa, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read but have no binding effect.
Choice of Law
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of California and of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Marin County in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.
Disclaimer of Warranties
ALTHOUGH ELUSA ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE. ELUSA DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, APPLICATIONS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF MALWARE OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. ELUSA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE. THE SITE’S CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL ELUSA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELUSA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.