Terms and Conditions

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Legal Notice

All notices from MCCLESKEY CELLARS to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to MCCLESKEY CELLARS shall be made either by regular mail, sent to the address we provide on our Web site, or our email address.
Delivery shall be deemed to have been made by You to MCCLESKEY CELLARS five (5) days after the date sent.

Copyright Notice

All content appearing on this Web site is the property of MCCLESKEY CELLARS.
Copyright © 2017 MCCLESKEY CELLARS. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2017 MCCLESKEY CELLARS. All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by MCCLESKEY CELLARS. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of MCCLESKEY CELLARS or any third party, except as expressly granted herein.

Terms of Use

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. MCCLESKEY CELLARS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if MCCLESKEY CELLARS believes that customer conduct violates applicable law or is harmful to the interests of MCCLESKEY CELLARS and its subsidiaries.

Privacy Policy

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. MCCLESKEY CELLARS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if MCCLESKEY CELLARS believes that customer conduct violates applicable law or is harmful to the interests of MCCLESKEY CELLARS and its subsidiaries.

Shipping Policy

McCleskey Cellars CAN currently ship wine directly to consumers in the following states: Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Idaho, Illinois, Iowa, Maryland, Massachusetts, Missouri, Montana, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Dakota, Texas, Virginia, Vermont, Washington, Wisconsin, and Wyoming.

We do not ship any wines out of the United States. Our carrier is FedEx.

When shipping wine, due to its alcoholic content, federal law requires the signature of a person 21 year of age or older at the time of delivery. We recommend shipping wine to a business address, if possible, in order to avoid delays associated with obtaining a signature. If you would like to make specific arrangements with FedEx, you can do so by calling them directly and providing the tracking number. We ship wine year-round but keep in mind that wine is a perishable product and extreme weather conditions, both hot and cold, can impact its overall quality. FedEx now has what they call cold chain where wine is shipped in temperature-controlled vehicles. There is an increase in cost for this service. Another option would be to have the wine shipped express so it arrives the next day.

We could also hold orders placed during extreme weather months until temperatures stabilize. If you would like your order to be shipped at a later date, please provide that date in the notes section of the order or simply state “Hold order until cooler/warmer.

For an estimate on the cost to ship your wine, please call us at 503-590-0454.

 

Sales Tax

MCCLESKEY CELLARS is located in Oregon where there is no sales tax.

Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. MCCLESKEY CELLARS makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.

MCCLESKEY CELLARS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL MCCLESKEY CELLARS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by MCCLESKEY CELLARS.

The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. MCCLESKEY CELLARS is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not MCCLESKEY CELLARS.
The inclusion of material on this server does not imply any endorsement by MCCLESKEY CELLARS, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although MCCLESKEY CELLARS tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). MCCLESKEY CELLARS reserves the right to change its payment procedures at any time without prior notice to you.

Miscellaneous

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. MCCLESKEY CELLARS and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of MCCLESKEY CELLARS shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and MCCLESKEY CELLARS with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and MCCLESKEY CELLARS with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by MCCLESKEY CELLARS. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.