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.
