Responsibility

 

Responsibility

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following terms and conditions govern your use of the websites operated by the Liquor Control Board of Ontario (the “COTTONWOOD AGENCY Websites”), including the www.CottonwoodWineAgency.com, www.CottonwoodWine.com.  The COTTONWOOD AGENCY Websites are owned by Cottonwood Agency (the “COTTONWOOD AGENCY“).

COTTONWOOD AGENCY reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the COTTONWOOD AGENCY Websites, and you are advised to review the COTTONWOOD AGENCY Websites regularly for any changes. These Terms and Conditions of Use were last updated on December 2, 2017. In any event, you agree that by accessing and using an COTTONWOOD AGENCY Website you are bound by these terms and conditions as may be changed from time to time.

AGE

You must be 19 years of age or older to purchase Products. By submitting an order for Products, you represent that you are 19 years of age or older and you are not purchasing Products for anyone who is younger than 19 years of age. When you or your designated alternate person picks up or signs for the Products ordered you may be required to present proof that you are 19 years of age or older. Acceptable proof includes a valid driver’s licence, passport, citizenship card and BYID photo identification card.

REGISTRATION OBLIGATION

If you choose to register with COTTONWOOD AGENCY for the purchase of goods, you agree to: (i) provide online true, current and complete information about yourself; and (ii) maintain and promptly update on-line information about yourself to keep it true, current and complete.

COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY 

The materials (the “Materials”) contained in the COTTONWOOD AGENCY Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, COTTONWOOD AGENCY and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part without the prior written consent of COTTONWOOD AGENCY. You may print, in hard copy, portions of an COTTONWOOD AGENCY Website only for the purpose of placing an order with COTTONWOOD AGENCY.

TRADE-MARKS

Certain names, words, phrases, logos, marks and designs that appear on COTTONWOOD AGENCY Websites (including “COTTONWOOD AGENCY” and related words and logos) are official marks, trade-marks or trade-names of COTTONWOOD AGENCY in Canada. COTTONWOOD AGENCY is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an COTTONWOOD AGENCY Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of COTTONWOOD AGENCY. The names of other companies, products and services referred to on an COTTONWOOD AGENCY Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of COTTONWOOD AGENCY or of third parties without the prior written consent of the applicable party is strictly prohibited.

COMPLIANCE WITH LAWS

In addition to complying with these Terms and Conditions of Use, you agree to use the COTTONWOOD AGENCY Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Potential users of an COTTONWOOD AGENCY Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the COTTONWOOD AGENCY Website illegal, are not authorized to use the COTTONWOOD AGENCY Website.

USE AND RESTRICTIONS

You are only permitted to use an COTTONWOOD AGENCY Website for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an COTTONWOOD AGENCY Website for commercial purposes (including, without limitation,  screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:

  1. take any action that imposes or may impose (to be determined in the COTTONWOOD AGENCY’s sole discretion) an unreasonable or disproportionately large load on the COTTONWOOD AGENCY’s infrastructure;
  2. interfere or attempt to interfere with the proper working of an COTTONWOOD AGENCY Website, or any activities conducted on or with an COTTONWOOD AGENCY Website;
  3. bypass any measures the COTTONWOOD AGENCY may use to prevent or restrict access to COTTONWOOD AGENCY Websites.

USER NAMES AND PASSWORDS

Some features of an COTTONWOOD AGENCY Website may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized COTTONWOOD AGENCY representative.

All login names and passwords remain the property of COTTONWOOD AGENCY, and may be cancelled or suspended at any time by the COTTONWOOD AGENCY without any notice or liability to you or any other person. COTTONWOOD AGENCY is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify COTTONWOOD AGENCY of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

ACCURACY OF INFORMATION

While every effort is made to ensure the accuracy of the information on COTTONWOOD AGENCY Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.

OUTBOUND LINKING

Any link, (including hyperlinks, buttons or referral devices of any kind) used on an COTTONWOOD AGENCY Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an COTTONWOOD AGENCY Website does not constitute an endorsement, recommendation or certification by COTTONWOOD AGENCY, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with COTTONWOOD AGENCY.

INBOUND LINKING

COTTONWOOD AGENCY generally does not object to links to COTTONWOOD AGENCY Websites from third party sites. However, there are certain conditions that must be followed: Unless COTTONWOOD AGENCY enters into a specific written agreement with you, you may not use any of the COTTONWOOD AGENCY’s names, logos, designs, slogans, or marks in or with your links, except that you may link to an COTTONWOOD AGENCY Website using the plain text names:  COTTONWOOD AGENCY, COTTONWOOD WINE AGENCY or COTTONWOOD.

Do not present the link to an COTTONWOOD AGENCY Website in any way that suggests COTTONWOOD AGENCY has any relationship or affiliation with your site or in any way that suggests COTTONWOOD AGENCY endorses, sponsors or recommends the information, products or services on your site. Use of any of COTTONWOOD AGENCY’s content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without COTTONWOOD AGENCY’s written permission for a particular use is strictly prohibited.

Use of any of the COTTONWOOD AGENCY’s names, logos, designs, slogans, or marks, or any other words or codes identifying an COTTONWOOD AGENCY Website in any “metatag” or other information used by search engines or other information location tools to identify and select sites, without COTTONWOOD AGENCY’s written permission for a particular use, is strictly prohibited.

COTTONWOOD AGENCY is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for an COTTONWOOD AGENCY Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.

COTTONWOOD AGENCY reserves the right in its sole discretion to order you to delete or modify your link to an COTTONWOOD AGENCY Website for any reason.

The link to an COTTONWOOD AGENCY Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect the COTTONWOOD AGENCY’s name, reputation or goodwill.

The linking of your web site to an COTTONWOOD AGENCY Website indicates your agreement to the foregoing terms and conditions.

INDEMNITY

You agree to indemnify, defend and hold COTTONWOOD AGENCY harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively “Claims”) arising out of:

  1. your infringement of any COTTONWOOD AGENCY or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of an COTTONWOOD AGENCY Website;
  2. any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an COTTONWOOD AGENCY Website; (ii) use of an COTTONWOOD AGENCY Website for any illegal purpose; or (iii) use of an COTTONWOOD AGENCY Website to achieve any unauthorized or prohibited access to computer systems and data;
  3. your use of an COTTONWOOD AGENCY Website; and
  4. your breach of any of these Terms of Use, the COTTONWOOD AGENCY’s Customer Privacy Policyor any rule, regulation, guideline or policy of the COTTONWOOD AGENCY as may be established and changed from time to time and posted on the Website.

DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT:

  1. USE OF AN COTTONWOOD AGENCY WEBSITE IS AT YOUR SOLE RISK. THE COTTONWOOD AGENCY WEBSITES ARE PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. COTTONWOOD AGENCY DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE COTTONWOOD AGENCY WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES COTTONWOOD AGENCY MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN COTTONWOOD AGENCY WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN COTTONWOOD AGENCY WEBSITE. COTTONWOOD AGENCY WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
  2. THE DOWNLOADING OF MATERIALS FROM AN COTTONWOOD AGENCY WEBSITE IS DONE AT YOUR OWN RISK. COTTONWOOD AGENCY DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF AN COTTONWOOD AGENCY WEBSITE.

LIMITATIONS

IN NO EVENT SHALL COTTONWOOD AGENCY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN COTTONWOOD AGENCY WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN COTTONWOOD AGENCY WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN COTTONWOOD AGENCY WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF COTTONWOOD AGENCY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

PRIVACY POLICY CONSENT AND DISCLOSURE 

The COTTONWOOD AGENCY is committed to protecting the privacy and confidentiality of its customers’ personal information. The COTTONWOOD AGENCY Customer Privacy Policy explains how the COTTONWOOD AGENCY will ensure the confidentiality and privacy of the personal information you furnish to the COTTONWOOD AGENCY.

Terms and Conditions of Sale for Purchases from COTTONWOOD AGENCY.com and from the COTTONWOOD AGENCY Mobile Application

THE TERMS AND CONDITIONS IN THIS SECTION APPLY TO ORDERS PLACED THROUGH COTTONWOOD AGENCY.COM AND THE COTTONWOOD AGENCY MOBILE APPLICATION.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE (“TERMS AND CONDITIONS”) CAREFULLY BEFORE PLACING AN ONLINE ORDER. These Terms and Conditions govern the sale by the “COTTONWOOD AGENCY” to you of products (“Products”) through the COTTONWOOD AGENCY’s website located at www.CottonwoodAgency.com (the “COTTONWOOD AGENCY.com Website”) and the COTTONWOOD AGENCY Mobile Application. COTTONWOOD AGENCY reserves the right to change these Terms and Conditions of Sale at any time without prior notice by posting changed Terms and Conditions of Sale on the COTTONWOOD AGENCY.com Website, and you are advised to review the COTTONWOOD AGENCY.com Website regularly for any changes. These Terms and Conditions of Sale were last updated on November 20, 2017. By placing an order through the COTTONWOOD AGENCY.com Website or the COTTONWOOD AGENCY Mobile Application, you agree to be bound by the Terms and Conditions in effect at the time of such order.

Images and Items represented on the site of Products that are sole property of the original Vendor, items are  represented with consent by Vendor, including Trademarks and copy.

AGE

You must be 19 years of age or older to purchase Products. By submitting an order for Products, you represent that you are 19 years of age or older and you are not purchasing Products for anyone who is younger than 19 years of age. When you or your designated alternate person picks up or signs for the Products ordered you may be required to present proof that you are 19 years of age or older. Acceptable proof includes a valid driver’s licence, passport, citizenship card and BYID photo identification card.

THIRD PARTIES ACTING ON COTTONWOOD AGENCY’S BEHALF

Your personal information is provided by COTTONWOOD AGENCY to third parties in order to facilitate payment and delivery. The COTTONWOOD AGENCY only transfers your personal information to third parties who have agreed to comply with appropriate privacy and security standards.

PAYMENT BY CREDIT CARD

Payment can be made by VISA, MasterCard, American Express or Paypal. Please complete the credit card section at the checkout page in full. The COTTONWOOD AGENCY uses a payment gateway provider’s server to act as the link between the COTTONWOOD AGENCY and the COTTONWOOD AGENCY’s bank. The COTTONWOOD AGENCY does not store any credit card information on its systems.

By submitting your order, you represent that you are authorized to use the designated credit card and you authorize the COTTONWOOD AGENCY to charge your order to that credit card. When entering your billing information during the checkout process, you must enter the billing address associated with your credit card. The COTTONWOOD AGENCY reserves the right to obtain authorization from the issuer of that credit card and reserves the right to decline to accept any proposed credit card transaction.

PAYMENT BY DIGITAL PAYMENT CENTRE

The COTTONWOOD AGENCY may allow payment to be made by a digital Payment Centre or any other electronic payment system (“Digital Payment Centre”) on your mobile or wearable device, tablet, watch or other device (“Device”) that supports the Digital Payment Centre.

By submitting your order, you represent that you are authorized to use the Digital Payment Centre.

The COTTONWOOD AGENCY is not the provider of the Digital Payment centre and is not responsible for its use and function. You should contact the Digital Payment centre provider’s customer service if you have questions about how to use the Digital Payment centre or if you experience problems with the Digital Payment centre. The COTTONWOOD AGENCY is not responsible for any failure of the Digital Payment centre or your inability to use the Digital Payment centre for any transaction. The COTTONWOOD AGENCY is not responsible for any loss, damage or inconvenience you suffer as a result of (a) the COTTONWOOD AGENCY refusing to accept the Digital Payment centre payment; or (b) any damage to your device caused by the Digital Payment centre.

AVAILABILITY

Every effort has been made to stock adequate quantities of the goods offered on the COTTONWOOD AGENCY.com Website and the COTTONWOOD AGENCY Mobile Application. Some of the goods, however, are available in relatively small quantities. Some items referred to on the COTTONWOOD AGENCY.com Website and the COTTONWOOD AGENCY Mobile Application may be or become out of stock.

If the COTTONWOOD AGENCY is unable to fill an order for a Product ordered through the COTTONWOOD AGENCY.com Website or the COTTONWOOD AGENCY Mobile Application, you will be notified by email and we will only charge on your credit card for the Products that were fulfilled.

ORDER QUANTITIES

The COTTONWOOD AGENCY reserves the right to limit order quantities. Minimum and maximum order quantities as well as order values will be set and changed from time to time.  The COTTONWOOD AGENCY may reject an order if it appears you are attempting to circumvent an order limit.

PRICING

Prices quoted on the COTTONWOOD AGENCY.com Website and the COTTONWOOD AGENCY Mobile Application are in Canadian dollars. Prices are subject to change without notice.

DELIVERY

Products ordered can either be delivered to an COTTONWOOD AGENCY specified location or delivered to any address in Ontario. Orders cannot be delivered to a PO box. Please ensure you provide a physical street address. Next Business Day Delivery is available in select areas of Ontario only and may not be available for certain Products. Delivery times may be affected by weather or order volumes. Orders must be paid in full before they are delivered to their destination.

You will be contacted by email once your order has shipped and/or is ready for pick up. When you pick up Products, you must present a copy of your shipping confirmation (which will be emailed to you), and government issued photo ID, along with proof of age. Products will only be delivered to a person 19 years of age or older, who is not intoxicated. It is your responsibility to be at the delivery address to receive your shipment. Canada Post will not leave Products unattended.

Title to Products passes from the COTTONWOOD AGENCY to you when you pick up the Products from the COTTONWOOD AGENCY or receive them at the delivery address you indicated in your order or retrieve them from the Courier Depot.

IMPORTANT:  COTTONWOOD AGENCY may cancel your order and issue a refund back on your credit card. For delivery, if you are not at the delivery address to receive your shipment courier will keep Products at a outlet for fifteen (15) days before they are returned to the COTTONWOOD AGENCY.  Once Products are returned to the COTTONWOOD AGENCY, we may cancel your order and issue a refund back on your credit card.

DELIVERY CHARGES

There is a flat fee delivery charge for each order for Products shipped to the delivery address you indicated in your order. A separate delivery charge is applied to each order if outside the GTA.

ERRORS

The COTTONWOOD AGENCY attempts to ensure that the information on the COTTONWOOD AGENCY.com Website and the COTTONWOOD AGENCY Mobile Application is accurate. However, no warranty of accuracy or completeness is expressed or implied. The COTTONWOOD AGENCY expressly reserves the right to correct errors and to change or update information on the COTTONWOOD AGENCY.com Website and COTTONWOOD AGENCY Mobile Application at any time without notice. If a Product offered on the COTTONWOOD AGENCY.com Website or the COTTONWOOD AGENCY Mobile Application is not as described, your only remedy is to return it for a refund. In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, the COTTONWOOD AGENCY reserves the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you. Your only remedy in the event of an error is to cancel your order and to obtain a refund.

REFUNDS

Customers may return any product purchased through the COTTONWOOD AGENCY.com Website or the COTTONWOOD AGENCY Mobile Application (except gift cards) provided it is accompanied by the original receipt within thirty (30) days of purchase. The Customer will be refunded in the applicable tender as used for the purchase (i.e. debit/cash purchases returned as cash, credit card purchases returned to original credit card, gift card purchases returned to a gift card, all mobile or near field purchases will be returned to credit card of origin.) AIR MILES® reward miles will be deducted on product returns. Please note that delivery charges are non-refundable.

All product returns require the customer’s name, address and telephone number and the customer’s signature to acknowledge receipt of the refund. Customers returning product must also show valid, government-issued photo ID to verify their identity. If a customer does not provide this information, the return will not be processed (see “Privacy Policy and Security ”Statement” section below). The return to stock policy was updated November 2016.

Refunds will not be provided to returns without a receipt.

Returns as per LCBO regulations, within 14 days.
Gift Cards are final sale and are non-refundable.

GOVERNING LAW

These Terms and Conditions and each purchase of Products through the COTTONWOOD AGENCY.com Website and the COTTONWOOD AGENCY Mobile Application are governed by, and shall be construed in accordance with, the laws of the Province of Ontario.

FORCE MAJEURE

The COTTONWOOD AGENCY shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

DISCLAIMER AND LIMITATION OF LIABILITY

Except as expressly set out in these Terms and Conditions, there are no warranties, representations or other agreements regarding the Products ordered through the COTTONWOOD AGENCY.com Website and the COTTONWOOD AGENCY Mobile Application. To the extent permitted by law, the COTTONWOOD AGENCY shall not be liable to you for indirect, special, consequential, incidental or punitive damages (including, without limitation, damages for or in relation to lateness in delivery, loss of revenue or profits, or the cost of substitute goods), arising directly or indirectly from any breach of contract (fundamental or otherwise) or from any warranties contained herein, or from any acts or omissions that may give rise to legal liability (whether in tort, including for negligence, strict liability or under any other theory of legal liability), regardless of whether or not such damages were foreseeable. In no event shall the liability of the COTTONWOOD AGENCY arising out of or related to any order exceed the total amount paid by you pursuant to such order.

DISCONTINUANCE

The COTTONWOOD AGENCY may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.

PRIVACY POLICY & SECURITY STATEMENT

The COTTONWOOD AGENCY is committed to protecting the privacy and confidentiality of its customers’ personal information. The COTTONWOOD AGENCY Customer Privacy Policy can be found at http://www.Cottonwood Agency.com/privacy.

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