Privacy Policy & Terms and Conditionsfrankvineadmin2020-08-06T15:36:17+00:00 Privacy Policy Last Modified October 2018 At Franklin Hill Vineyards, we are committed to protecting your privacy. This Privacy Policy applies when you visit our website, www.franklinhillvineyards.com (the “Site”), and when you make a purchase from us, subscribe to any of our mailing lists, newsletters, request a tasting, or sign up for any of our events. Our Collection And Use Of Your Personal Identifiable Information When you join our mailing lists or newsletters, register for any of our programs or events, place an order, request a tasting, or contact us for other similar business purposes, we may collect personally identifiable information about you, including your name, address, email address, phone number, date of birth, and credit card information. We use this personally identifiable information to process your requests and to communicate with you about your orders. Additionally, we may also use your name and contact information to notify you of changes to our Site, new wines and releases, special offers, and events we think you will find valuable or of interest. If you do not wish to receive this information via email, you may opt out by clicking the “Unsubscribe” link at the bottom of the email. Alternatively, you may send an email to customerservice@franklinhillvineyards.com from the email address you would like removed and include the word “Unsubscribe” in the subject line. Disclosure Of Your Personally Identifiable Information To Third Parties We may disclose your personal identifiable information to third parties if we conclude that we are required by law or have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of our Company, its customers, or the public. We may also contract with other companies and individuals to perform certain functions and services, including processing, storing, tracking, and organizing information on our behalf. These service providers may have access to personal information to perform their functions, but are prohibited from using personal information for direct or indirect marketing purposes or for any purpose other than providing services to us. Aggregate Information We may track visits to the pages and links on our websites so we can make decisions about the design and usage of the Site. While we may choose to share this aggregate information on consumer behavior to third parties, none of this information shall contain personally identifiable information. Cookies And Other Non-Personally Identifiable Information As part of our ongoing efforts to ensure the best possible experience for all users of our Site, we may use “cookies” to collect anonymous, non-personally identifiable information about your visit, including your IP address, browser type, operating system, access dates and times, referring website address, and browsing activity. We use “cookies” to identify repeat visitors to our Site. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies enable us to provide special features such as storing items in your shopping cart between visits or tailoring products or services offered to you based on past preferences or geographic location. Most Web browsers automatically accept cookies, but allow you to turn off cookies as part of the browser options. Even without cookies, you can still use most of the features of our Site, including placing items in your shopping cart and purchasing them. Advertising And Third-Party Data Collection We may enter into relationships with third-party advertising companies to drive traffic to our Site. These third-party companies may also collect non-personally identifiable information through the use of their own cookies and other technology (including JavaScript and web beacons) to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features used by these advertisers, and their information practices are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. Security We employ reasonable security measures to protect the personal information we receive from you. While we strive to create a secure and reliable site for our users, the confidentiality of any communication or material transmitted over the Internet cannot be 100% guaranteed. Users should keep in mind that any information submitted through an Internet transaction is potentially accessible to the public, and consequently, can be collected and used by others without their consent. Franklin Hill Vineyards is not responsible or liable for illegal interception of personal data via any Internet transaction. When we collect and transmit sensitive data such as your credit card number, we encrypt it using secure socket layer technology (SSL). No transmission of information is guaranteed to be completely secure. Unauthorized entry or use, hardware or software failure, and other factors may compromise data security. You acknowledge and agree to assume this risk when communicating with us. Reviewing And Changing Your Information You may view, update or change information related to your account. Visit the My Account page on the Site and enter your account using your email address and password. Not Directed To Individuals Under The Legal Drinking Age Our Site is not intended for people under the legal drinking age of 21. We do not seek or knowingly collect any personal information from or about individuals under the age of 21. If we become aware that we have unknowingly collected personal information from an individual under the legal drinking age, we will make commercially reasonable efforts to delete such information from our database. Updates To This Policy The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by changing the “Last Modified” date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of this Site following the posting of changes to this Privacy Policy will mean you accept those changes. Governing Law This Privacy Policy and our privacy practices will be subject exclusively to the laws of the State of Pennsylvania within the United States of America. We make no representation that this Privacy Policy and such practices comply with the laws of any other country. Visitors who use this Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer and use of your information outside your country. Contact Us Any questions you may have regarding our Privacy Policy or any information about our marketing partners should be directed via email to customerservice@franklinhillvineyards.com. You can also write us at: Customer Service, 7833 Franklin Hill Road, Bangor PA 18013. Terms and Conditions Last updated: August 06, 2020 Please read these terms and conditions carefully before using Our Service. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms and Conditions: Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Country refers to: Pennsylvania, United States Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Franklin Hill Vineyards, 7833 Franklin Hill Rd. . Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Goods refer to the items offered for sale on the Service. Orders mean a request by You to purchase Goods from Us. Service refers to the Website. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to Franklin Hill Vineyards, accessible from www.franklinhillvineyards.com You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Acknowledgment These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Placing Orders for Goods By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. Your Information If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. Order Cancellation We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Goods availability Errors in the description or prices for Goods Errors in Your Order We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. Your Order Cancellation Rights Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order. Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement. You will not have any right to cancel an Order for the supply of any of the following Goods: The supply of Goods made to Your specifications or clearly personalized. The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over. The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items. The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right. Availability, Errors and Inaccuracies We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Prices Policy The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order. Payments All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. Links to Other Websites Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. Termination We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. “AS IS” and “AS AVAILABLE” Disclaimer The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Disputes Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. Contact Us If you have any questions about these Terms and Conditions, You can contact us: By email: [email protected]
