TERMS AND CONDITIONS
This website is for use by residents of the United States and parts of Canada who are legally permitted to drink alcoholic beverages. If you access this website from outside the United States or Canada, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.
This website (this “Site”) is operated by or on behalf of Hood River Distillers™ for the personal use of individuals who are lawfully permitted to drink alcoholic beverages. These Terms and Conditions (these “Terms”) govern your use of the Site.
1. Agreement to Terms and Conditions. By accessing, visiting and/or using the Site, you, the visitor (a) acknowledge that you have read and understood these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site. Hood River Distillers may change these Terms at any time by posting the change to the Site. You will be bound by those changes if you visit the Site after those changes have been posted. The date these Terms were last modified is identified at the end of these Terms. Please check these Terms periodically for changes.
2. Intellectual Property Rights.
2.1 Ownership. ”Hood River Distillers” is a trademark of Hood River Distillers, Inc. The images, illustrations, designs, icons, photographs, video and audio clips, text and graphics, and the look and feel, collection, arrangement and assembly of the content on the Site, its structure, the HTML code for the Site, the logos and brand names of the products described on the Site and other materials displayed on the Site (collectively, the “Materials”) include both registered and unregistered copyrights, trademarks, service marks and trade dress, as well as publicity rights and/or other intellectual property, owned by Hood River Distillers or used by Hood River Distillers with permission of their owners, including without limitation: (a) PENDLETON is the trademark of Pendleton Woolen Mills; that mark is registered in the United States and Canada; (b) LET ‘ER BUCK and the bucking horse logo are the trademarks of The Pendleton Round-Up Association; those marks are registered in the United States and Canada. The Materials are protected by United States copyright, trademark and other intellectual property laws and international treaty. Unauthorized reproduction, distribution or modification is subject to civil and criminal penalties.
2.2 Limited License. As long as you are lawfully permitted to drink alcoholic beverages and you comply with the restrictions in Section 2.3, you may do any of the following for your personal, non-commercial use: (a) visit the Site; (b) print a reasonable number of copies of any pages on the Site; and (c) transmit pages of the Site to others. Any other use of any Materials without the express written permission of Hood River Distillers is strictly prohibited. Hood River Distillers may limit or revoke this license at any time.
2.3 Restrictions. Without Hood River Distillers’ prior written permission, you must not: (a) use the Materials for any commercial purposes; (b) modify any of the Materials; (c) remove or alter any copyright, trademark or other proprietary rights notices; (d) except as expressly permitted in Section 2.2 above, copy, reproduce, republish, upload, post, transmit or distribute any of the Materials; (e) access or use the Site for the benefit of any other person; or (f) reverse-engineer, disassemble or decompile except to the extent expressly authorized by applicable law.
2.4 No License. Except as expressly described in Section 2.2 above, nothing in these Terms or in the Site grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials. All rights reserved.
2.5 Termination. If you breach or otherwise fail to comply with these Terms, your right to access and use the Site will terminate immediately without notice.
2.6 Notice of Infringement. Hood River Distillers will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Hood River Distillers will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Hood River Distillers will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to the address or telephone number below:
Designated Copyright Agent
Hood River Distillers, Inc.
660 Riverside Drive
P.O. Box 240
Hood River, OR 97031
Telephone: (541) 386-1588
Fax: (541) 386-3465
Please include in the subject line the word “copyright” for all claims of copyright infringement and the words “intellectual property” for all claims of any other intellectual property infringement. Direct all other questions and comments to email@example.com.
3. Acceptable Use Policy.
3.1 Your Account. If and when you sign up for an account through the Site, you will select a user name and password. To the extent you provide any information to Hood River Distillers when that account is established, or at any other time, you warrant that the information you provide is true, accurate and complete. Each time you log in to that account, you will be deemed to have repeated that warranty. You are responsible for protecting the security and confidentiality of your log-on information and for all financial and other obligations incurred by anyone who uses your log-on information, whether or not you have authorized that use. Notify Hood River Distillers immediately if you become aware of any unauthorized use of your log-on information or any other breach or threatened breach of the Site’s security.
3.2 Security Rules. Do not: (a) access data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan or test the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breach any security or authentication measures; (e) transmit data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other code that adversely affects the operation of any software or computer hardware or otherwise interferes with service to any host, network, or other user; (f) impersonate another person; (g) violate or attempt to violate the security of the Site; or (h) attempt to do any of the preceding.
4. Purchases of Hood River Distillers Products. Hood River Distillers does not sell alcoholic beverages through the Site. It does, however, sell items that promote its alcoholic beverage products. Your purchase of any of those items will be subject to Hood River Distiller’s Terms of Sale.
6. General Disclaimer of Warranties. All Materials available on or through the Site are provided “AS IS” to the maximum extent permitted by applicable law, Hood River Distillers disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, title, quiet enjoyment, data accuracy, and non-infringement. Without limiting the preceding general disclaimer, Hood River Distillers does not warrant that your use of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the Materials are free from viruses or other harmful components. Although Hood River Distillers makes reasonable efforts to ensure that the Materials on the Site are accurate and up to date, Hood River Distillers does not make any representations or warranties regarding the use, validity, correctness, accuracy, reliability or truthfulness of the Site, any Materials or any sites linked to or from the Site.
7. Restrictions on Certain Visitors. While the Site may be viewed internationally, it was developed for visitors living in parts of Canada and in the United States. Hood River Distillers does not warrant that the Site is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the Site. Accessing the Site from jurisdictions where such access is illegal, is prohibited.
9. Limitation of Liability Under no circumstances will Hood River Distillers, its affiliates, suppliers or their shareholders, directors, officers, employees or agents, be liable for any loss of data, loss of use or lost profits, any damages caused by viruses or bugs, any hardware, software or phone line malfunction, any failures or delays in computer transmissions or network connections, or any direct, indirect, special, punitive, exemplary, incidental or consequential damages, arising out of the use or inability to use the Site or the Material, even if those damages are foreseeable and even if Hood River Distillers has been advised of the possibility of those damages. If your use of the Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. By using the Site, you agree that Hood River Distillers’ maximum aggregate liability to you for all claims arising from or related to the Site or any Materials is limited to $50.
11. Governing Law. The Site was developed in the United States of America in accordance with laws of the State of Oregon, United States of America. Your access to and use of the Site will constitute your acceptance of the laws of the State of Oregon except that neither its choice of law rules nor the Convention for the International Sale of Goods will apply.
12. Jurisdiction. The Site is controlled by Hood River Distillers. Its offices are located within the State of Oregon. You agree that (a) any claim, dispute or controversy relating to the Materials, these Terms or the Site will be resolved in the state or federal courts located in Portland, Oregon; (b) you will not file any action or proceeding in any other jurisdiction; and (c) you waive any argument that Portland, Oregon is an inconvenient forum.
13. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
14. Separate Agreements. If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and that deletion will not affect in any way the remaining provisions in these Terms.
15. Other Terms and Conditions. These Terms apply to all uses of the Site unless you and Hood River Distillers have signed a separate formal contract, in which case that separate agreement will govern to the extent it conflicts with these Terms.
16. Notices, Questions, Communications. If you wish to contact Hood River Distillers, please direct all inquiries (except for claims of copyright infringement) to firstname.lastname@example.org or telephone the Site administrator at 541-386-1588. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2.6 above.
17. Entire Agreement. Except as described in Section 15 (Other Terms and Conditions) these Terms reflect the entire agreement between you and Hood River Distillers relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Hood River Distillers.
LAST UPDATED: 8/10/2010
TERMS AND CONDITIONS OF SALE
Do I need to create an account?
What if I forget my password?
If you forget your password, you can request that it be sent to the e-mail address you gave us when you registered.
We cannot give out passwords over the phone, and we cannot e-mail them to an e-mail address that is a different from the one used to register your account.
Can I view a list of my past orders online?
Yes, first log in to the site by clicking the <Log In> button and entering your e-mail address and password.
If you have a question about a previous order that cannot be answered by viewing your order history, please contact Pendletonwhisky.com Customer Service at 1-541-386-1588 ext. 0 (7:30am to 4:30pm Pacific Time, Monday – Friday) or e-mail us at email@example.com
FINDING PRODUCTS AND PLACING ORDERS
How do I place an order?
Once you’ve found the items you would like to purchase, simply click on the <Add to Cart> button then the button on the Cart page. Next, follow the instructions on each page. If you have not created an account for the site you will need to do so while submitting your first order. If you’ve purchased from the site before, just enter your e-mail address and password, then proceed with your order.
There’s a Pendleton Whisky item I want that you don’t have listed here.
We’re constantly working to make more items available for purchase through the site. Some Pendleton Whisky items you may have seen were produced for promotional purposes only and are not available for purchase.
You can always contact us at firstname.lastname@example.org with any product requests or with ideas for new items for the online store.
What if an item I want is out of stock?
While we strive to maintain adequate stock of our products, occasionally we may run out of a particular item. The website will alert you to the out of stock situation prior to placing the item in your cart and will also provide an estimated date of when the item will be available. We do not accept orders for out of stock items (backorders). Please return to www.pendletonwhisky.com to place your order when the item is again in stock.
How will I receive order confirmation?
After completing the purchasing process, you will see a confirmation page with your order number. Please print this page for your records. We will confirm your order via email within 24 hours from the time of purchase. You will also receive a shipping confirmation email that includes your order confirmation and tracking number. To check the status of your order at anytime, log in to the site and then click on the link within the page.
What if I have a problem while placing an order?
If you are unsure what to do next to complete your order, try clicking on Cart. In most cases, you will easily complete your order from this page. If you continue to have trouble with your order, please contact Pendletonwhisky.com Customer Service at 1-541-386-1588 Ext. 0 (7:30am to 4:30pm Pacific Time, Monday – Friday) or e-mail us at email@example.com
Will I be charged sales tax?
At this time, only orders shipped to the following states within the U.S. will be charged sales tax on their orders: AL, AK, AZ, CA, CO, FL, GA, IA, LA, MI, MN, MT, NE, NV, NM, ND, OH, OK, SD, TN, TX, UT, VA, WA. Sales tax will be entered automatically when you place your order.
What forms of payment do you accept?
We accept American Express, MasterCard, and Visa.
When will my credit card be charged?
Your credit card will be charged when your order is shipped.
Please note that your credit card billing will appear as “pendletonwhisky.com”
When will my order be shipped?
If the item is in stock, and if we receive your order before 1 pm Pacific Time, we will ship it the same business day. Orders received on or after 1 pm Pacific Time will be shipped the following business day.
Are there any limitations on where you will ship orders?
Yes, pendletonwhisky.com can ship orders to all 50 states within the United States and to all of the Canadian provinces except for Quebec. We are sorry, but at this time we not able to ship orders to addresses in Quebec or to any addresses outside the USA or the other Canadian providences.
How will you ship my order?
You will be provided a list of shipping options and costs during the checkout process. If you specify a post office box or a military address, we can only ship your order through the United States Postal Service.
How long will it take my order to arrive?
Depending on the destination, it typically takes an average of 3 to 6 business days for standard ground delivery.
Can I track the shipping status of my order?
Yes, if we shipped your order through Federal Express You will receive an email when your order ships that includes the FedEx tracking number. You can also access the tracking number through the link within the page .
If your order was shipped through the United States Postal Service we cannot provide tracking information or guarantee delivery.
DAMAGE, DEFECTS AND MISTAKES
INSPECT ALL PACKAGES IMMEDIATELY UPON RECEIPT.
Call us immediately if a product was damaged in transit. Call us within 5 business days if your order is missing an item listed in the packing sheet and invoice or if there is any other mistake with your order. Call us within 5 business days of your discovery of a manufacturing defect in any product. Customer Service can be reached at 1-541-386-1588 Ext. 0 from 7:30 am to 4:30 pm Pacific Time, Monday – Friday. During that call, you will need to:
- Describe the damage, defect, shortage or other mistake, and
- Have the invoice, and—in the case of product damaged in transit—the packing slip, available.
If you discover that a product has been damaged in transit, is defective, or is not what you ordered, or if there is any other mistake with your order, and if you call us within the time period specified above:
- We will, subject to your compliance with our instructions, send you a replacement.
- We will pay the shipping and handling costs of sending the replacement to you.
- We will give you instructions as to how and where to return a damaged, defective or incorrect product, including an “RMA” Number (Return Materials Authorization Number). You should include your return address on all packages.
- We will apply any refunds or other credits to the same credit card account that you used for the original purchase. It may take one or two billing cycles before that credit is reflected on your statement.
All replacements are subject to availability. If we are unable to replace an item with a comparable item, you may either select a different item or we will refund the amount you paid for the original product.
RETURNS AND EXCHANGES
What is your return and exchange policy?
Our aim is to make returns simple and hassle-free. Here’s our return/exchange policy if you wish to return a product for a refund, or to make an exchange, for any reason other than because it is damaged, defective or not what you ordered:
- Please call Customer Service at 1-541-386-1588 Ext. 0 (7:30 am to 4:30 pm Pacific Time, Monday – Friday) to obtain an “RMA” Number (Return Materials Authorization Number). At that time we will instruct you where to return the item.
- You must return the item within 30 days of your receipt of the product.
- The returned item must be in new condition and in the original package. It must not have been worn, washed or subject to abuse or misuse.
- The RMA number must be written clearly on the outside of your returned package. Packages arriving without an RMA number cannot be considered for return and will be discarded without opening.
- You must pay the cost of both inbound and outbound shipping. We do not accept COD deliveries.
- We strongly recommend that you insure the package and retain your receipt of shipment.
- Any credit will be applied to the same credit card account as you used for the original purchase. It may take one or two billing cycles before a credit is reflected in your statement.
- All exchanges are subject to availability.
- You may only exchange items for a different size or color of the same product unless we are unable to replace an item with a comparable item. In that case, you may either select a different item or we will refund the amount you paid for the original product.
Refused Shipments and Shipments Returned due to Incorrect Address:
Please check shipping information carefully during the order checkout process. You must pay all shipping and handling charges on shipments the recipient refuses or cannot be delivered due to incorrect address.
LIMITATIONS AND EXCLUSIONS
EXCEPT AS OTHERWISE REQUIRED BY LAW:
- WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, AND WE EXPRESSLY EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND COURSE OF DEALING. (APPLICABLE LAW MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.)
- WE WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES EXCEPT FOR REPLACEMENT OR REFUND OF ANY DAMAGED, DEFECTIVE OR MISSING PRODUCTS AS DESCRIBED IN THE SECTION ENTITLED “DAMAGE, DEFECTS AND MISTAKES“. THAT SECTION STATES YOUR SOLE REMEDY FOR DAMAGES ARISING FROM OR RELATED TO PRODUCTS YOU ORDER THROUGH THE SITE.
- WE WILL NOT BE LIABLE FOR ANY LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. (APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)
- OUR LIABILITY TO YOU FOR ANY CLAIM FOR DAMAGES ARISING FROM OR RELATED TO ANY PRODUCT OR OTHERWISE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THAT CLAIM.
THE PRECEDING LIMITATIONS AND EXCLUSIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND/OR EVEN IF DAMAGES ARE OTHERWISE FORESEEABLE.
EXCEPT AS PROVIDED IN THE SECTION ENTITLE “AMENDMENTS“, ONLY AN AUTHORIZED OFFICER OF HOOD RIVER DISTILLERS, INC. IS AUTHORIZED TO MODIFY THE PRECEDING LIMITATIONS AND EXCLUSIONS AND THEN ONLY IF HE OR SHE SIGNS AND DELIVERS TO YOU A WRITTEN AMENDMENT REFLECTING THAT MODIFICATION.
We may change these Terms and Conditions of Sale at any time by posting the change to the site. Those changes will apply to every order you place after the change has been posted. The date these Terms and Conditions of Sale were last modified can be found at the end of these Terms and Conditions of Sale. Please check these Terms periodically for changes.
LAST UPDATED August 2010.