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Terms Of Use

Welcome to our website. If you continue to browse and use this website, you must be 21+ and are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Bigsby's Folly's relationship with you in the context of this website.

The term "Bigsby's Folly" or "us" or "we" refers to the owner of the website. The term "you" refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is 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.

This website contains material which is owned by or licensed to us. This material includes, 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.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

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

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.

ADVENTURERS' CLUB (Includes Mailing List, Premier Bottle, Bottle of the Month & Monthly Growler Clubs)

The Bigsby's Folly Adventurers' Club (the "Club") is offered exclusively by Bigsby's Folly.  You must be 21 years of age or older to participate.  When you enroll in the Club by sharing your mobile phone number and email, you are considered a "Member" of the Club and will receive special offers and discounts.

Member Terms & Conditions

Members participating in our Clubs, agree to be bound by Bigsby's Folly Terms and Conditions.  In these Terms and Conditions, the phrase "Net Purchases" means purchases less returns, discounts, purchases made with Bigsby's Folly Gift Card, rental fees, and any applicable sales tax, service fee, gratuity and shipping costs.  

Awards Defined

Awards, promotions and offers are non-transferable or devisabe, and may not be combined with other Member's accounts or may only be redeemed by member.  

We reserve the right to change these Terms and Conditions or the Club at any time and in any way, including our right to discontinue or change the benefits or change the expiration, or merge the Club with another loyalty program at a later date, or to adjust the number of points/visits received.  To the extent required by applicable law, we will give you notice if we end the Program or make a major change to it. Your continued participation in the Program after we make changes to it or these Member Terms and Conditions signifies your acceptance of such changes.

We reserve the right to cancel your participation in the Program, in the event of fraud, abuse of privileges, or violation of these Member Terms and Conditions.

You are responsible for any tax liability related to your participation in the Program.

 

Wine-Specific Conditions

Legal Requirements

You must be 21 years of age or older, to order or receive alcoholic beverages from Bigsby's Folly. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Wines purchased from Bigsby's Folly are not for resale, and are for personal consumption only.

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, Discover and American Express.

Shipping

ALL SHIPPED WINES ARE SOLD OUT OF OUR FACILITY IN CALIFORNIA AND OWNERSHIP PASSES TO THE BUYER IN CALIFORNIA.  We make no representation to the legal rights of anyone to ship or import wines into any state outside of California.  The buyer is solely responsible for shipment of alcoholic beverage products.  By placing an order, you authorize us to act on your behalf to engage a common carrier to deliver your order to you. 

Due to individual state shipping laws, shipments are limited to certain states and other restrictions may apply. Sales/excise taxes vary and will be applied as required by current individual state laws.  Void where prohibited.

Due to the ever-changing nature of wine shipping laws, we may be able to ship wines, directly or indirectly, to the following states:  AZ, AK, CA, CO, CT, DC, FL, GA, IA, ID, IL, KS, LA, MA, MD, ME, MI, MN, MO, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OR, PA. RI, OR, SC, SD, TN, TX, VA, VT, WA, WV, WI & WY.  If Bigsby's Folly is unable to ship directly to your state, we may be able to arrange for the sale and shipment of our products through a third party. Please note, when dealing through a third party, wine prices, discounts, and shipping costs may differ from those quoted by Bigsby's Folly.

All wine orders must be shipped to an address where someone over the age of 21 is available to sign for the delivery. Three delivery attempts will be made. If your wine cannot be delivered after three attempts, it will be returned to the winery and shipping costs will not be refunded to your account. To mitigate this risk, we encourage you to use a Business address for shipping.

Shipping Costs

FedEx (Ground) is our carrier of choice and is provided at current market rates unless otherwise noted. *If the customer selects 2-Day or Overnight service, the customer pays all additional shipping charges, regardless of his or her wine club membership or purchase amount. Please keep in mind that orders may take 2 - 5 business days to be processed, prior to shipping, regardless of selected shipping method.

Wine is a Delicate Commodity

Wine is a perishable commodity. To protect your wines, they will not be shipped during times of high temperatures or freezing conditions. If your order is placed on a weather hold you will receive an email from the winery with details. Bigsby's Folly is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.