Fat Dragon Membership

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Last Updated: May 3, 2024

ACCESSIBILITY

We believe the internet should be available and accessible to everyone and are committed to making our website accessible.  If you have any difficulty using our website or you need any assistance please contact us at info@fatdragonwine.com.

Last Updated: May 3, 2024

Protecting your privacy is important to us. We hope the following statement will help you understand how we collect, use and safeguard the personal information you provide to us on our site. This policy does not, however, govern the terms of our relationship or constitute any representation or warranty. The terms of our relationship are governed by our Terms and Conditions.

Information we collect on this website

When you visit our website, our stats package from Google collects some basic information about your browser. Examples include things like what type of browser and operating system are you using or how long you remained on our site and what pages you looked at. This helps us understand how visitors browse our site so that we can make their shopping experience better.

We also collect personal information about you at various points, including your name and email address from the mailing list sign up form, and when you check out of our store such as your name, address, postal code, phone number, etc. We need this information to process payment and ship merchandise to you.

We are the sole owner of the information collected on this site. Any data that we store about you is kept behind a secure firewall in our database and is not accessible to the public in any way. Any sensitive information (such as credit card number) that we collect from you is encrypted with SSL, a standard internet security measure. We do everything in our power to protect user data offline as well by restricting access to information to only those employees who need the information to perform a specific job (for example, a Customer Care representative). All employees are kept up to date on our security and privacy practices and are aware of the importance of keeping customer data secure and safe at all times.

The information you provide to us on this website is only used to send you our offers, and to process and ship your order. We may also use this information to send you information regarding new features, services and special offers from us and/or our business partners that we think you’ll find valuable. This information is harvested from a secure area and encrypted for our customers’ protection. We will not sell, share, or rent this information to others, except as otherwise disclosed in this statement. Although we use outside shipping companies to ship orders and a credit card processing company to bill users for goods and services, these companies do not retain, share, store or use personally identifiable information for any secondary purposes. We value your privacy, and will never release any account or personal information to any third party unless we are given explicit authority to do so by you.

Making Changes and Opting Out
You may make changes to your account or opt-out of any marketing messages or newsletters by clicking the unsubscribe link available in the footer of each email, logging into your account and/or contacting us at info@fatdragonwine.com.

Gift Recipients
If you send a gift from our site, we will collect contact information, such as name, shipping address and phone number for the gift recipients to ensure correct gift delivery. We will not sell, share or rent any contact or personal information for invited friends or gift recipients with third parties, but they may receive offers from us and/or our business partners highlighting new features, products, services and special offers we think they will find interesting. Invited friends and gift recipients can easily opt-out of receiving any marketing messages or newsletters by clicking the unsubscribe link available in the footer of each email.

Legal Disclaimers

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.

This website may contain links to other websites. We are not responsible for the privacy practices of other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each site that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

We reserve the right to modify this privacy statement at any time, with or without notice to you.

If you have any questions about the security of our website, please feel free to contact us at info@fatdragonwine.com.

Last Updated: May 3, 2024

SHIPPING

Fat Dragon is acting as your agent to ship wine to you and we primarily ship via UPS. By asking us to act as your agent you are representing that you are 21 years of age or older, and are in compliance with all applicable laws.

A street address at which an adult over 21 years of age or older is available during daytime hours to receive wine is required. All shipments require the carrier to verify the age of the recipient before delivery. Therefore, we recommend a business address whenever possible. Wine cannot be shipped to a PO Box. If the wine is not accepted on the first delivery attempt, we reserve the right to invalidate its quality guarantee as repeated delivery attempts may subject the wine to undue temperature stress. Please note that we cannot be responsible for wine that was shipped to an address that you give us which turns out to be incorrect.

We strive to ship when the weather is more temperate, but please note that shipping wine in winter or summer months can impact the wine and do not recommend using UPS Ground service at these times. You should request expedited delivery services during those times of year to avoid spoiling your order.

We will notify you via email when your wines are shipped. They are typically shipped shortly after your order but we may recommend that we hold your order at no cost to you if there’s an extreme weather event until such time as it’s safe to ship.

Please note that direct shipping laws and regulations change regularly and as a result the list of states we can ship to does too. All wines are sold to you in California and title passes to you in California. We will arrange for shipment on your behalf, to an address specified by you, provided that in our sole discretion we believe that such shipment will not subject us to the risk of any sort of legal action or other harm.

If you live in a state where the direct shipment of wine may violate the law, we will contact you to discuss shipping options, which 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.

RETURNS

We always seek to provide our customers with impeccable products and services. We maintain all of our wines in temperature controlled warehouses and always seek to provide our customers with impeccable products and services.

If there is an issue with your order, please contact us within 5 days for assistance.

We consider the wine to be out of our control once it has been picked up by you or the shipper and are not responsible for wine damaged during transit, including as a result of heat or cold during shipments. We also cannot accept returns if the wine doesn’t match your personal tastes, or it was affected by the improper storage of it by you.

If we approve the return or exchange of your wine, we will refund your credit card for the cost of your wine less shipping and handling once the items have been received by us. In cases where your original shipment was in fact flawed (e.g. corked), we will provide you a refund or exchange the items without any additional shipping or handling costs to you.

Last Updated: May 3, 2024

Welcome to the website for Fat Dragon LLC (“Fat Dragon Wine”, “Fat Dragon”, “we”, “us” or “our”). We sell wine and related products (collectively “products”) subject to the following terms and conditions. The terms “you”, “your”, or “customer” refer to you or any user or viewer of this website.

General Terms & Conditions

Your use of this website is expressly subject to the following terms of service and conditions of sale (“Terms & Conditions” or “T&Cs”).  If you don’t agree with any of these Terms & Conditions, do not access or otherwise use this website or any information or materials contains on this website.  Your use of this website shall be deemed to be your agreement to abide by each of the T&Cs set forth herein. These T&Cs may be updated at any time and from time to time with or without notice to you. Your continued use of this website following any such changes shall be deemed to indicate your acceptance of any modifications to these T&Cs.

The content of the pages of this website are 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 we and our 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 our website may not be legal by certain persons or in certain countries.  If any provision of these T&Cs is held by a court of competent jurisdiction to be contrary to law, then such provisions(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

The failure of us to enforce any right or provision in these T&Cs shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

These T&Cs, along with our Privacy Policy, comprise the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These T&Cs are personal to you and you may not transfer, assign, or delegate these T&Cs to anyone without the express written permission of us.

Any attempt by you to assign, transfer, or delegate these T&C’s without the express written permission of us shall be null and void. These T&Cs will inure to the benefit of us, our successors, assigns, and licensors.

Your use of this website and any dispute arising out of such use of the website is subject to the laws 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 Sonoma 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.

This website may contain material which is owned by or licensed to us. This material may include, 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.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. 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).

THE SALE OF ALCOHOLIC BEVERAGES & OUR MEMBERSHIP PROGRAMS

Legal Requirements

We do not sell alcohol to persons under the age of 21 and make 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. Wine cannot be shipped to a PO Box. You also agree that any alcohol purchased from us 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 age in order to provide alcohol to a person under the age of 21, we will prosecute you fully to the extent allowable by law. As required by the Communications Decency Act of 1996, we hereby notify 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.

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement.

Location of Sale, Sales Tax & Shipping Policy

Our warehouse and operations are located in the State of California.  All products are sold to you in the State of California, with title passing from us to you in California at the time of purchase.  All orders delivered within California will be charged Sonoma County sales tax at the time of purchase.  We are acting as your agent in arranging transport of your wine and we make no representations as to the legal rights of anyone to ship or import the products into any state or country. You, as the buyer, are responsible for understanding the laws regarding alcohol shipments and sales and/or use taxes or other applicable taxes that may apply to you and the location of delivery. Further, you hereby consent that you are in fact in compliance with and acting in accordance with the laws of the location of delivery. Any shipment that is seized or destroyed due to a violation of shipping laws or common carrier policies is not refundable or replaceable by us.

Errors and Omissions

Occasionally, our listed prices, bottle sizes 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, we shall be held harmless for any such errors.

Disclaimer of Warranties

ALTHOUGH WE ENDEAVOR TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON OUR WEBSITE, WE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS WEBSITE. WE DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, 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 VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS WEBSITE 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. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE. THIS WEBSITE 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 WE AND/OR OUR 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 THIS WEBSITE, THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Wine is a Delicate Commodity

Wine is a perishable commodity. It does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. We are not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment or from improper storage by you. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes your responsibility.

Drink Responsibly

Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of our commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.