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Terms of Use


Terms of Use

Effective Date: January 1, 2025

These Terms of Use (“Terms”) govern your access to and use of this Freixenet Mionetto USA owned website, mobile applications, and related services (collectively, the “Service”). By accessing or using our Service, you agree to be bound by these Terms.

Acceptance of Terms

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Service.

Age Requirements and Alcohol-Related Restrictions

Legal Drinking Age

Our Service is intended solely for individuals who are of legal drinking age in their jurisdiction. You must be at least 21 years old in the United States, or the legal drinking age in your country, to access our website or purchase our products.

Age Verification

You may be required to verify your age before accessing certain content or making purchases. Providing false information about your age is prohibited and may result in immediate termination of your access.

Geographic Restrictions

Alcohol shipping laws vary by jurisdiction. We reserve the right to refuse orders or restrict access to our Service based on your location. You are responsible for ensuring that your purchase and receipt of our products complies with local laws.

Account Registration and Security

Account Creation

To access certain features or make purchases, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update this information as necessary.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Account Termination

We reserve the right to terminate or suspend accounts that violate these Terms or applicable laws, without prior notice.

Acceptable Use

Permitted Uses

You may use our Service to:

  • Browse product information and content
  • Make legitimate purchases of our products
  • Access educational content about wine and champagne
  • Participate in events and experiences we offer
  • Communicate with our customer service team

Prohibited Activities

You agree not to:

  • Violate any applicable laws or regulations
  • Provide false or misleading information
  • Attempt to circumvent age verification measures
  • Use automated systems to access our Service without permission
  • Interfere with or disrupt our Service or servers
  • Attempt to gain unauthorized access to our systems
  • Transmit viruses, malware, or other harmful code
  • Harass, abuse, or harm other users
  • Use our Service for any commercial purpose without authorization
  • Copy, reproduce, or distribute our content without permission

Purchases and Orders

Product Information

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product information is complete, reliable, current, or error-free.

Order Acceptance

All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including:

  • Product unavailability
  • Pricing errors
  • Suspected fraudulent activity
  • Violation of these Terms
  • Legal restrictions on shipping to your location

Pricing and Payment

  • All prices are subject to change without notice
  • Payment is due at the time of order
  • We accept major credit cards and other payment methods as indicated
  • You authorize us to charge your payment method for the total amount of your order

Shipping and Delivery

  • Shipping costs and delivery timeframes are provided during checkout
  • Risk of loss transfers to you upon delivery
  • You must be present to accept delivery and provide age verification
  • We are not responsible for delays caused by shipping carriers or customs

Returns and Refunds

Our return policy is available on our website and governs all returns and refunds. Generally:

  • Products must be in original condition
  • Returns may be subject to restocking fees
  • Certain products may not be eligible for return due to legal restrictions

Intellectual Property Rights

Our Content

All content on our Service, including text, graphics, logos, images, videos, and software, is owned by Freixenet Mionetto USA or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Service for personal, non-commercial purposes in accordance with these Terms.

User Content

If you submit content to our Service (reviews, comments, photos), you grant us a worldwide, royalty-free license to use, reproduce, modify, and distribute such content in connection with our business.

Trademark Notice

Freixenet Mionetto USA and related marks are trademarks of Freixenet Mionetto USA. You may not use our trademarks without our prior written consent.

Trade Portal

Please note that your use of images and other materials available in the Trade database constitutes your agreement to comply with and be bound by these Sales Tools Terms (“Sales Tools Terms”) and the website Terms of Use. Your first acceptance of the Sales Tools Terms, by clicking the acceptance button at the end of this statement of the terms of the agreement, applies to all future visits to Site. These Sales Tools Terms may be updated and changed by us from time to time without notice.

Freixenet Mionetto USA authorizes you to view and download the contents of this Sales Tools database, including images, graphics and text material (“Material”), solely for the promotion of our products. The rights granted herein shall not confer on you any rights of ownership in or to the Material; this Material is protected by copyright under both United States and foreign laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. Unauthorized use of the Material may violate copyright, trademark and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any commercial or personal purpose, other than the promotion of Freixenet Mionetto USA brand products. For example only, you may not use images or other Material from the Site to promote other wineries, or in articles about the wine industry generally that do not reference Freixenet Mionetto USA brand products. Freixenet Mionetto USA reserves the right to terminate all licensed rights granted herein at its exclusive discretion on written notice at any time and you agree to immediately cease use of any Material and destroy any copies of Material immediately upon receipt of such notice and Freixenet Mionetto USA may pursue any remedy available at law or in equity against you.

In addition to these Sales Tools Terms and the Terms of Use, you also agree to comply at all times with any and all guidelines, instructions or other conditions established by Freixenet Mionetto USA with regard to use of Materials available from this Site. All such guidelines and instruction that are contained on web site pages on this Site regarding such matters shall be deemed to be incorporated into these Sales Tools Terms and shall be binding.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Disclaimers and Limitations of Liability

Service Availability

We provide our Service on an “as is” and “as available” basis. We do not guarantee that our Service will be uninterrupted, secure, or error-free.

Disclaimer of Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall Freixenet Mionetto USA be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of your use of our Service.

Maximum Liability

Our total liability to you for any claims arising from your use of our Service shall not exceed the amount you paid to us in the twelve months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Freixenet Mionetto USA, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of our Service
  • Your violation of these Terms
  • Your violation of any applicable laws
  • Your infringement of any third-party rights

Third-Party Services and Links

Our Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of use of these third parties.

Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Dispute Resolution

Before filing any legal claim, you agree to attempt to resolve disputes through good faith negotiations with us.

Arbitration

Any disputes that cannot be resolved through negotiation shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Sonoma County, California.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive your right to participate in class actions or collective proceedings.

Modifications to Terms

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be effective 30 days after posting, unless otherwise required by law. Your continued use of our Service after changes take effect constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or other force majeure events.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Freixenet Mionetto USA regarding your use of our Service.

Termination

We may terminate or suspend your access to our Service at any time, with or without cause or notice. Upon termination, your right to use our Service ceases immediately.

Survival

Provisions that by their nature should survive termination shall survive, including ownership rights, warranty disclaimers, indemnity obligations, and limitations of liability.

Contact Information

If you have questions about these Terms of Use, please contact us:

Freixenet Mionetto USA
81 Main Street, Suite 303,
White Plains, New York 10601.

Email: info@fxmusa.com

 


These Terms of Use were last updated on January 1, 2025. By using our Service, you acknowledge that you have read and agree to be bound by these Terms.