General

Your use of this website requires, and is conditional upon, your acceptance of all of the terms and conditions below, as well as any amendments or additional terms, policies or procedures published on this website from time to time by Black Hills Estate Winery (“Black Hills”). You should check these terms and conditions from time to time to keep informed of any such amendments or additions. By accessing and using this website, you are deemed to have agreed to these terms and conditions. Black Hills has the right at any time to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

If (a) you are not of legal drinking age in the jurisdiction from which you are accessing this site; (b) it is otherwise illegal in your jurisdiction for you to access, view and/or use this site; or (c) the consumption, use, advertising or promotion of alcohol and/or alcoholic beverages is illegal in your jurisdiction, then you may not use this website. If any of these conditions apply to you, please leave this site immediately. If you do not leave this site, then you will be deemed for all purposes to have represented that none of (a), (b) or (c)apply to you.

This website and its content is copyright © 2024 Black Hills Estate Winery, all rights reserved. Black Hills either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content on our website (including the organization and layout of this site), or has obtained the permission of the owner of the intellectual property in such content to use the content on our website. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the prior written permission of Black Hills.

Black Hills grants to you a strictly limited license to display on your computer, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other content on our website, for non-commercial (personal or educational) purposes only, provided that (a) you do not modify any such content; and (b) you include with and display on each copy of such content the associated copyright notice and this limited license.

You shall not make any other use of this content including, but not limited to any commercial use thereof whether by including such content in or with any product that you create or distribute; copying such content onto your or any other party’s website or by  distributing it in any manner whatsoever..

Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any copyright of Black Hills or any other person who owns the copyright in content provided on our website.

This website contains various trade-marks which are owned by Black Hills. The names of all products and services mentioned on our website are the trade-marks of their respective owners. The display of trade-marks or trade-names on this website does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.

The information posted by Black Hills on this site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this website is strictly on an “as is” basis, and you must not assume that this site will be error free or that it will operate without interruption or as intended.

This website may contain hyperlinks to websites operated by parties other than Black Hills. Such hyperlinks are provided for your reference only. Black Hills does not control such websites and is not responsible for their content. No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this website. Your access and use of such sites, including information, material, products and services therein, are solely at your own risk. Furthermore, our privacy policy statement is applicable only when you are on our website. Once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

Black Hills welcomes your comments regarding this website, but we will not accept or consider creative ideas, suggestions or materials other than those we have specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trade mark, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.

You agree to use any bulletin board, uploading feature, e-mail or other forum for communication only to send and receive messages and material that are related to the web site or particular forum. You acknowledge that chats, postings, conferences, and other communications by you or any other person are not endorsed by Black Hills, and such communications should not be considered to have been reviewed, screened, or approved by Black Hills. If you rely on information posted by other users, you do so solely at your own risk. You agree that upon posting material on the Black Hills website, you grant Black Hills and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual right and license under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising. You shall use this website for lawful purposes only. You shall not use this website to do any of the following:

• post, store, transmit, download or distribute any threatening, abusive, libelous, defamatory, obscene, or legally objectionable materials of any kind, including anything constituting or encouraging a criminal offence, giving rise to civil liability, or otherwise violating any laws;
• post any non-public information about companies without the proper authorization to do so;
• provide false information on your registration, or impersonate someone else;
• post, transmit or otherwise distribute any materials that contain a virus, trojan horse, worm, or other harmful or disruptive component; or
• upload, post, transmit or otherwise distribute or reproduce any information, software or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the right.

Black Hills reserves the right for any reason to remove without notice any content of this website received from you, including without limitation bulletin board postings. Black Hills reserves the right, in its sole discretion, to deny any person access to this website or any portion thereof without notice. Black Hills reserves the right to edit any notices of postings for clarity and length.

You agree to defend, indemnify and hold harmless Black Hills, its affiliates and partners, and their respective directors, officers, employees and agents from and against all claims and expenses, including lawyers’ fees, arising out of your use of this website.

Black Hills shall have the right, but not the obligation, to monitor the content of this website, including chat rooms and forums, to determine compliance with these terms of use and any operating rules established by Black Hills and to satisfy any law, regulation or authorized government request. Black Hills shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, Black Hills shall have the right to remove any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Without limiting the foregoing, Black Hills shall have the right to immediately terminate your access to this or any Black Hills website in the event of any conduct by you which Black Hills, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of any of these Terms & Conditions.

This site is created and controlled by Black Hills in the Province of British Columbia, Canada. As such, the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, shall govern these terms and conditions, without giving effect to any principles of conflicts of law. This excludes the application of the United Nations Convention on the International Sale of Goods. Black Hills reserves the right to make changes to its site and these disclaimers, terms and conditions at any time and without notice to you.

You acknowledge that this agreement and all documents related hereto shall be prepared in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient redigés en anglais.

Additional Terms & Conditions For On-Line Purchases

All wines are offered subject to availability at the time your order is received. Should a product be sold out when your order is received, our liability is limited to refunding your payment for the unavailable product.

Shipping and delivery charges are not included in the displayed prices of the products. These charges are calculated on the total and will vary with the size of the order.

All credit card transactions are done over a secure Internet server that utilizes SSL (Secure Socket Layering) technology.

Customs and duty regulations and international trade agreements prevent us from shipping across international borders.

Our courier and delivery services are instructed to not deliver wine shipments unless the person signing for the order shows proof that he or she is at least 19 years of age. They will not deliver the wine to any visibly intoxicated person.

You will pay us for the Products and/or the Services in accordance with the terms set out on the website or on the Order Form delivered to you electronically, in response to your request to purchase a product or products.

When making purchases or other transactions through this website, you may be asked to supply certain information, including credit card or other payment mechanisms. You agree that all such information you provide will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the website. You agree to be bound by all of the terms and conditions on this website and on any applicable order form.

Black Hills represents and warrants to you that it will prepare and deliver your product or service using reasonable care and diligence and, that at the time title passes, you will have good and clear title to the Products being sold hereunder, free and clear of all liens and encumbrances.

Privacy

At Black Hills we respect your right to privacy on the Internet. We voluntarily adhere to the Canadian Standards Association “Model Code for the Protection of Personal Information”, which also ensures that we comply with the Canadian federal government’s privacy legislation, the “Personal Information Protection and Electronic Documents Act”

Black Hills may collect personal information on visitors to this website.

Most of the activities you will do on this site will not result in personal information being collected by us. If you subscribe to any services offered on the website, or use our on-line store, we may ask you to provide certain information about yourself by filling out and submitting an on-line form. It is completely optional for you to engage in these activities, but if you elect to engage in these activities, Black Hills may ask that you provide us with personal information, such as your first and last name, mailing address (including postal or ZIP code), e-mail address, employer, telephone and fax numbers, and other personal information. Some of this information is required to participate in those activities. Should you choose not to provide the requested information, you will not be able to engage in the activity.

The information we collect may be used to: (i) improve the content of our website; (ii) personalize the content and/or the layout of our website for each individual consumer; (iii) notify consumers about updates to our website; and (iv) contact consumers for marketing purposes. If you do not want to receive e-mail from us, please let us know by calling us at 1.866.440.4383 or sending an e-mail to us at [email protected] and telling us that you do not want to receive e-mail from our company. If you supply us with your postal address on-line, you will only receive the information for which you provided us your address. Black Hills will not willfully disclose individually identifiable information about you to any third party without first receiving your permission. Black Hills does not rent, trade or sell your personal information to others. Information collected is not shared with other organizations for commercial purposes.

When you register with Black Hills or place orders, we offer you a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. All user information we collect is protected against unauthorized access. We endeavour to ensure that our system is protected by the latest Internet security protocols.

In order to analyze site traffic and to provide personalized services, we may use a feature of your browser called Cookies. Our Cookies pose no security risk to you at all. They contain no personal information, only a special string that tells our service that you are a past user of our site. No personal information is stored within the Cookies. Please accept any Cookies that we wish to send to your computer. You can turn off the Cookie warning by selecting preferences or options from your browser’s menu, and turning off the warning toggle.

By using Black Hills’s website, you consent to the collection and use of this information by Black Hills. Our privacy policy statement may be changed from time to time. Any changes in the policy will be posted on this website so that you will always be aware of the information we collect on you, how it is used and under what circumstances we disclose such information. The Black Hills website contains links to other websites. Black Hills is not responsible for privacy practices or the content of third-party websites.