Terms & Conditions Kaya Vineyard & Winery
Please Read the Following Carefully
By clicking ACCEPT on the Membership Application you acknowledge and agree that you have read these Terms and Conditions (the “Terms”), understand them, and agree to be legally bound by them. If you have any questions with respect to these Terms, please ask a staff member or contact us at (706) 219-3514. Your acceptance of these Terms creates a binding contract governing the terms of your membership in the Kaya Wine Club (the “Club”) and no other statements, representations, materials or related information will alter or amend these Terms, except as specifically referenced in these Terms and such revisions to these Terms instituted by Kaya as in accordance with these Terms.
1. Membership Benefits; Accounts. Subject to such limitations and exceptions as applicable, including as otherwise set forth in these Terms, Club members are entitled to receive the Classic wines as applicable to the particular membership of the member) and additional Club member benefits as provided from time to time by Kaya. The member benefits are presented in more detail on the Wine Club Benefits page available under the Wine Club tab on Kaya’s website located at www.kayavineyards.com (the “Website”). Only individuals, and not corporations or businesses, are eligible to enroll as members. Only one person can be enrolled per Club membership, and accounts under the same name and address will automatically be combined. Notwithstanding anything published to the contrary with respect to Club benefits, not all Club membership benefits are the same for all members, and some special promotional offers, Club participation, information supplied by the member or the volume or type of purchases made by a member. You must present your Kaya Wine Club membership number with every transaction in order to assure accurate tracking of your membership benefits. In order to be eligible for membership benefits your account must be (1) open, (2) in good standing and (3) current membership fees must have been paid. Abuse of Club membership (for example, by failing to follow the Terms, allowing others to use your membership number or other improper conduct as determined by Kaya in its sole discretion) may result in termination of your membership and disqualify you from future Club participation. In the event of any issues or discrepancies regarding membership benefits, Kaya Vineyard and Winery must be notified within 90 days of your original transaction by calling (706) 219-3514.
2. Monthly Wine Availability. All Club members acknowledge that Kaya Classic wines are limited in quantities and may not always be available at the time of your pick-up or delivery. Kaya, in its sole discretion, may substitute other wine for any wine that is no longer reasonably available, without any adjustment or refund.
3. Fees. All fees for Club memberships and associated charges, such as shipping charges and other related charges, are automatically billed to your credit card. If your membership includes shipment of your wine, the wine is shipped and the charges are made on a quarterly basis. If your membership is a monthly membership with in-store pickup, fees are charged on the last day of the month preceding the month when the wine is available for pickup. If you have purchased a gift membership, the fees for the entire period of the gift membership are charged up-front. All fees charged, including for gift memberships, are non-refundable except as expressly set forth in these Terms. Notwithstanding when fees are billed to a member, all Club benefits are activated promptly following registration in the Club, except that a member will not receive his or her monthly (if picked up in store) or quarterly (if shipped) wine(s) until the next month or quarter (as applicable) after registration.
4. Membership Term, Changes and Renewal: All memberships, except for gift memberships which last for the specified term of the gift membership purchased, are on a month to month basis, and your membership automatically renews each month on the first day of the month. If you wish to cancel your membership, you must let us know at least three (3) days before the end of the month preceding the month for which your cancellation is to be effective, and any fees already charged for any membership, including any quarterly fees, are non-refundable. In addition, it is your responsibility to inform Kaya of any changes to your membership record and information. Changes to your membership account and information, other than cancellations, may be submitted in person at our Winery or by calling us at (706) 219-3514. All cancellations may only be submitted in person at our Winery or by calling us at (706) 219-3514. All changes, including cancellations, must be received at least three (3) days prior to any charge or shipment in order to be effective to avoid that charge or shipment. Fees will be due for any cancellations or changes not submitted prior to the Club’s processing time for a particular charge or shipment, as specified above.
5. Limitations; Legal Compliance. Member discounts and benefits are not valid with other special offers or discounts. Member benefits are non-transferable. All goods, services and benefits provided by Kaya, including wines, are only provided and/or shipped to such states in which Kaya is licensed to provide such goods, services and benefits. Kaya is not engaged in the shipping or importing of wines or other products into or from any state, country or other jurisdiction where it is not so licensed. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. You agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages. If any product is requested to be provided in or shipped to any state where Kaya is not appropriately licensed, Kaya can refuse such shipment. Wines will be provided or delivered only to persons who are at least 21 years of age. In joining the Club, you represent to Kaya that you are at least 21 years of age and the person to whom delivery of any wine will be made. When your wine is picked up or delivered, the person receiving the product will be required to show identification proving Club membership and that he or she is at least 21 years of age. Wines provided or delivered by the Club are not for resale and are for personal consumption only. Kaya has the right to terminate or suspend the Club, or your membership in the Club, at any time and for any reason whatsoever, including, without limitation, following a change in law.
6. Damage During Shipment. If you have selected the option of shipment of your wine to you, the wine will be sent quarterly, and there is no available return or exchange for shipped wines except as set forth in this paragraph. Wine is a delicate and perishable commodity, and if your wine is being shipped, conditions outside of the control of Kaya may adversely affect the wine during shipment. If your wine, at the time of delivery, is received damaged, spoiled or otherwise defective, you may contact us regarding the damage and Kaya may, in its discretion and based on the particular conditions of each such circumstance, send a replacement in exchange, which is your sole and exclusive remedy for damaged or defective product. Kaya will not refund shipping charges, and additional shipping and other charges will apply to deliveries to you that are returned as undeliverable or refused.
7. Unavoidable Delay. In the event of any circumstances outside of the control of Kaya and which prevent, hinder or delay Kaya from performing its obligations, including but not limited to acts of God, earthquake, flood, severe weather conditions, or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failure to issue permits and authorizations or an inability to obtain supply and materials or means of shipping, Kaya’s obligations will be suspended for the term of such event or Kaya may elect to cancel the Club or Club membership for the affected members.
8. Changes in Shipping; Changes in Law. Shipping costs will vary by state and location and may be changed by Kaya from time to time. In addition, due to the ever-changing nature of alcohol and other wine related laws, we may, from time to time, be advised that we are not able to complete delivery of a wine or ship wine to you. If we are unable to ship your wine to you, we will offer you the option to change your membership to an in-store pick up membership and you can pick up your wines at our Winery. If that is not agreeable, you may cancel your membership in accordance with Section 4, above, and you may receive a refund of any membership fees paid for wine that we are not able to ship to you based on such a change in laws. In addition to changes in shipping charges, taxes and other related charges may change or may vary between states and locations, and retail wine prices and discounts will differ and vary from those related to wines provided by way of Club membership. Sales tax may also vary and Kaya collects sales tax as required by various local and state taxing authorities. For sales tax purposes, the value for each bottle of wine provided by way of Club membership is $1.40, and membership fees and other membership benefits and imputed sales tax comprise the balance of the fees collected.
9. Disclaimer. YOU UNDERSTAND AND AGREE THAT YOUR MEMBERSHIP IN THE CLUB, THE GOODS AND SERVICES PROVIDED BY KAYA AND ALL OTHER BENEFITS RELATED TO THE CLUB ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. KAYA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. KAYA WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR RELATED TO YOUR MEMBERSHIP IN THE CLUB OR ANY GOODS, SERVICES OR BENEFITS YOU RECEIVE OR FAIL TO RECEIVE FROM THE CLUB, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT KAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. By joining the Club, you agree to defend, indemnify, and hold harmless Kaya and their respective owners, employees, representatives, from and against any and all losses, claims, damages, costs and expenses related to your misrepresentation as to any information provided to the Club, your breach of any of these Terms or any misuse of any goods, services or other benefits of Club membership.
10. Personal Information. Kaya requires certain personal information from you to verify and administer your Club membership, and you agree that you have freely provided that information. Any personally identifying information you provide to Kaya may be used for our internal business and for account management, customer service and related purposes; however, your personally identifying information will not be sold, licensed or disclosed to any parties other than Kaya. You authorize Kaya to send you marketing communications and special offers as part of your membership benefits. To change your Marketing Preferences, please visit the Member Information page available under the Wine Club tab on the Website. Notwithstanding any other statements or representations contained here or elsewhere, Kaya reserves its right to disclose any information in its possession if it is required to do so by law or legal process, or if it believes, in good faith, that such a disclosure is necessary to comply with law or legal process, to defend its rights or to respond to an emergency situation. If you are concerned about the information you have provided to Kaya, or have any questions regarding the retention of that information, please visit the Member Information page available under the Wine Club tab on the Website or contact us at (706) 219-3514. Kaya will make reasonable efforts to resolve any concerns.
11. Governing Law; Venue. These Terms are governed by the substantive laws of the State of Georgia without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts residing in Lumpkin County, Georgia with respect to any dispute, disagreement, or cause of action related to or involving these Terms or the Club. YOU IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE AFOREMENTIONED COURTS AND WAIVE ANY OBJECTION WHICH YOU MAY HAVE AT ANY TIME TO THE VENUE OF ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE CLUB AND YOU IRREVOCABLY WAIVE ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
12. Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and Kaya with respect to your membership in the Club and the goods, services, and benefits provided by Kaya and related to the Club.
13. Changes in Terms. These Terms shall remain in full force and effect while you are a member of the Club, and only Kaya may, in its sole discretion, modify the Terms or add or delete any of the Membership rules, conditions, benefits or rewards, in whole or in part. Kaya may make any such changes at any time, with or without notice, even though such changes may affect the value of the rewards and/or the time of redemptions. Provided, however, that any revision shall not apply to disputes of which Kaya had notice on or before the date the change or revision is instituted. To review the most recent version of these Terms, please regularly visit the Wine Club Terms & Conditions page available under the Wine Club Benefits tab on the Website.