TERMS AND CONDITIONS

Welcome to the kiepersol.com website. This website (‘Site’) is owned by Kiepersol Enterprises, Inc. (‘Kiepersol’, ‘We’ or ‘Us’). The following website terms and conditions (‘Terms and Conditions’) govern the Site. We reserve the right to amend the Terms and Conditions from time to time and advise you to read these Terms and Conditions prior to every purchase from the Site.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

Per federal, state, and local government and health agency guidance, Kiepersol has put in place preventative measures to reduce the spread of COVID-19, including social distancing and heightened hygiene practices.  Kiepersol, however, cannot guarantee that you or those accompanying you will not be exposed to or become infected with COVID-19. Attending Kiepersol could increase your risk of contracting COVID-19. 

By visiting Kiepersol, you voluntarily assume the risk that you and those accompanying you may be exposed to or infected with COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. You understand that the risk of becoming exposed to or infected by COVID-19 at Kiepersol may result from the actions, omissions, or negligence of others, including but not limited to Kiepersol employees or other guests.

Further, you voluntarily agree to and do accept sole responsibility for any injury, illness, damage, loss, claim, liability, or expense of any kind that you or any minor child accompanying you for whom you have the capacity to contract (“Children”) may experience or incur in connection with your hospitality experience at Provenance Vineyards (“Claims”). On your own behalf, and on behalf of any Children, you hereby release, covenant not to sue, discharge, indemnify, and hold harmless Kiepersol, their officers, directors, employees, agents, representatives, and assigns of and from the Claims, including and all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto.

By visiting Kiepersol, you certify that you have read and fully understand this waiver and agree that the release will be binding on you, your heirs, family, estate, representatives, and assigns, as well as the heirs, family, estate, representatives, and assigns of any Children.  This release shall be interpreted and controlled according to the laws of the State of Texas.

Age Requirement

You may only use this Site if you are aged 21 years or over or otherwise over the legal drinking age in your country of residence. If you are not of legal drinking age, please exit this Site immediately.

Privacy Policy

Any personal information submitted by you to this Site is governed by these Terms and Conditions and our Privacy.

Links to Third Party Sites

Links to third party sites are provided solely for your convenience. Using these links will take you away from the Site. These Terms and Conditions and our Privacy Policy do not apply to any website you reach by using these links or otherwise leaving the Site. We are not responsible for third party websites, their content or the goods and services available on them.

Intellectual Property

The data, images and information (collectively, ‘Intellectual Property’) appearing on this Site (including but not limited to names, trademarks, logos and copyrighted material) are owned by us, our related companies or third party licencors. You agree not to reproduce, sell, distribute, publish, broadcast, circulate or commercially exploit the Intellectual Property in any manner, unless expressly permitted by us in writing or, in the case of copyright material, as permitted by federal copyright laws. All rights not expressly granted here are reserved to Kiepersol.

You agree to 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 (collectively, ‘Tools’) to access acquire, copy or monitor any portion of the website or content, reproduce or circumvent the navigational structure or presentation of the Site or any content, obtain or attempt to obtain materials, documents or information through any means not purposely made available through the website. Tools that access or use the Site shall be considered agents of the individuals who control or author them.

Disclaimer

This Site is provided to you on an “AS IS” and “WITH ALL FAULTS” basis. This means that despite our best efforts, the Site may contain inaccuracies, omissions, errors or other defects and you rely on it at your own risk. KIEPERSOL MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL KIEPERSOL BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOST PROFITS OR GOODWILL RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS OR COMPUTER VIRUSES, IRRESPECTIVE OF WHETHER KIEPERSOL KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND THIRD PARTY CLAIMS. IF THE WARRANTY EXCLUSION OF LIMITATION OF LIABILITY OUTLINED IN THESE TERMS AND CONDITIONS IS DETERMINED BY COURT JUDGMENT OR ARBITRATOR’S WRITTEN OPINION TO BE UNENFORCEABLE, YOU AGREE THAT KIEPERSOL’S LIABILITY WILL NOT EXCEED TWENTY FIVE DOLLARS ($25.00) USD.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Transactions on Site

If you use this Site to purchase goods from us, we may require that you open an account and create a username and password. You are responsible for the confidentiality and use of your password. You agree to notify us immediately if you become aware of (a) any loss or theft of your username or password or (b) any unauthorized or illegal use of your username or password.

Miscellaneous

You understand and agree that we may comply with law enforcement requests or subpoenas regarding the use of the Site.

Wherever possible, these Terms and Conditions will be governed by the laws and regulations of the State of Texas.

Order and Shipping Information

Due to legal restrictions, we are only permitted to ship wine to Texas.

Orders are processed Monday through Friday. Customers requiring specialized delivery service are encouraged to call us directly for assistance in placing orders.

Wine shipments require an adult (21 years or older) signature at the time of delivery. No wine will be delivered to a visibly intoxicated person, and any person unable to produce age verification forfeits their right to receive the shipment until identification is produced. In such circumstances, the order may be held in storage at a local depot until appropriate identification is produced, or it may be shipped back to us in original condition, restocked, and the purchase price refunded.

All costs associated with the returns due to unsuccessful delivery attempts for any reason will be charged to the customer. Shipping charges include costs for third party transit and all product-handling costs. Orders are shipped following credit card authorization and settlement.

Wines are subject to change due to availability. Should your shipment be returned for any reason, the fee to re-ship would be the full rate charged by the common carrier to Kiepersol. If there has been some sort of error with delivery, we will be happy to work with you to resolve it.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at (903) 894-3300.