The following terms and conditions (the “Terms”) shall govern the sale by Magnotta Winery Corporation and its wholly-owned subsidiaries Magnotta Brewery (Vaughan) Ltd., Magnotta Distillery Ltd. and Festa Juice Co. Ltd., (collectively, “Magnotta”) to you of the products (the “Products”) on their respective websites (collectively, the “Website(s)”), as well as other uses of the Website(s). By accessing and using the Website(s), you agree to be bound by the Terms . You agree that Magnotta may, at its sole discretion, modify the Terms at any time with or without notice to you. The revised Terms shall be posted on the Website(s). You should review these Terms prior to each purchase or other use of the Website(s) for any such changes.
Order Information. To order Products, you must complete the information required on the online order form in full. Magnotta reserves the right, in its sole discretion, to accept or reject any order, in whole or in part. Your submission of an order for Product(s) on the Website(s) constitutes your representation to Magnotta that you are of the age of majority (i.e., 19 years of age or older), and that you are not purchasing the Product(s) for another person who is under 19 years of age. No orders will be accepted by any person under 19 years of age. You will be requested to provide your credit card information which will be verified by secure server. Magnotta reserves the right to accept or decline any proposed credit card transaction.
Products and Prices. All prices indicated on the Website(s) are subject to change without notice. Prices quoted are subject to the applicable provincial and federal sales tax, handling charges and shipping charges. Magnotta will use its best efforts to ensure the availability of the Products featured on the Website(s) but cannot guarantee the availability of any Product at the time of order. Magnotta reserves the right to limit quantities of Product(s) on any order.
Delivery of Order. All orders for Products must be prepaid in full prior to delivery. Your order will be delivered by one of our authorized shipping companies to the address you provide on the online order form. Orders for Products will only be delivered to a person who is of the age of majority. Upon delivery of the Product(s), you may be required to provide proof of your age of majority. Examples of acceptable proof include a valid driver’s license, passport, citizenship card, or any other form of photo identification which shows your birth date. Orders will not be delivered to a person who is or appears intoxicated, nor will any order for Product(s) be delivered to a post office box or to a postal station.
Ownership/Restrictions on Use. The Magnotta trade-marks on the Website(s), including their associated logos, are owned by and used under license. The Website(s) service and any and all data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information related thereto (collectively, the “Content”) is owned by Magnotta and/or its third party licensors. The Content is protected by Canadian and international copyright and trademark laws.
The Content is for your personal, non-commercial use only. You may not modify, copy, reproduce, publish, post, transmit, distribute, perform, create derivative works from, transfer or sell any Content for other than personal, non-commercial use without the express prior written consent of Magnotta.
Registration and Passwords. Registration may be required to access and use certain portions of the Website(s), including the My Magnotta service. If you register for any such use, you agree to provide true, current, complete and accurate information required for such registration, and to update such registration information as soon as possible should there be any changes to that information.
Upon registration, you will be asked to select a password and /or username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website(s) under such password or username. You agree to immediately notify Magnotta of any suspected unauthorized use of your password or username or any other breach of security. Magnotta will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of your failure to protect the confidentiality of your password and/or username.
Links. The Website(s) may contain hyperlinks to other World Wide Web sites which are owned and operated by unaffiliated third parties (“Other Site(s)”). The hyperlinks to Other Sites are offered as a convenience, and do not constitute an endorsement by Magnotta of any Other Site, its resources, or its content. Magnotta will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Other Sites.
You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website(s), including payment for and delivery of goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. You agree that Magnotta will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
Magnotta reserves the right to deny or revoke permission to link to the Website(s) from any Other Site for any reason in our sole discretion.
Disclaimer. The Products and the Content are not guaranteed and are being provided on an “as is” basis, and Magnotta makes no representations, warranties or conditions of any kind, express or implied, including without limitation, representations, warranties and conditions of merchantability, quality or fitness for a particular purpose. Magnotta does not warrant that the functions contained in the Website(s) or any Content will be uninterrupted or error-free; that defects will be corrected; or that the Website(s) or the servers that make it available are free of viruses or other harmful components.
Limitation of Liability. Magnotta shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages arising from any Products purchased through this Website(s). Without limiting the foregoing, the maximum total liability of Magnotta, and their respective directors, officers, employees, agents, contractors (collectively, the “Magnotta Parties”) shall be an amount equal to the replacement cost of the Product(s) you purchased from Magnotta, if any. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no circumstance will liability exceed the amount, if any, you paid Magnotta for the applicable Product.
Indemnity. You agree to indemnify, defend and hold the Magnotta Parties harmless from any and all claims, liabilities, damages, actions, losses and expenses (including all legal fees) arising out of your use of the Website(s) including, without limitation, your purchase of any Products through the Website(s). Notwithstanding the foregoing, Magnotta retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Magnotta and in no event shall you settle any such claim without our prior written approval.
Governing Law. The laws of the Province of Ontario and the applicable laws of Canada will govern these Terms and all related transactions. Both Magnotta and you agree to the non-exclusive jurisdiction of the courts of the Province of Ontario.
Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision shall be severed from the rest of these Terms, which shall continue in full force and effect.
Contact Information. If you have any questions about your online order, you can contact our Head Office.