Wine Club Terms and Conditions
Welcome! Thank you for joining the Hawks View Wine Club. To make the most of your Wine Club membership, please take a moment to familiarize yourself with Hawks View Winery’s terms and conditions (“Terms”).
If you have any questions with respect to these Terms, please ask a member at our winery or call (503) 625-1591. Your acceptance of these Terms creates a binding contract governing your Membership at Hawks View Winery and no other statements, representations, materials, or related information will alter or amend these Terms, except such revisions that Hawks View institutes in accordance with these Terms.
- Becoming a Member: There is no fee to join the Hawks View Wine Club and you may sign up at any time by visiting our Tasting Room at 20210 SW Conzelmann Road, Sherwood, OR 97140. Purchasing four (4) bottles of the current Wine Club allocation is required to activate one’s membership.
Each member receives four shipments of wine per year (February, May, August, and November) of four bottles. Shipment schedules may be altered based on actual release dates.
By becoming a member, you (i) represent that you are 21 years of age or older and (ii) agree to the Hawks View Wine Club Terms and Conditions. PLEASE TAKE NOTICE THAT THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH JURY TRIAL AND CLASS ACTION WAIVERS. Please see Section 9 for details.
- Member Benefits: Hawks View Wine Club Members enjoy a number of benefits, including:
- Complimentary tasting flight for you and a guest per day;
- 50% off tasting flights for up to six (6) additional guests per day;
- 20% off all wine, merchandise and event tickets purchased in the Tasting Room and Online Store;
- 25% off on full case purchases at in the Tasting Room and Online Store
- Complimentary tasting for you & a guest at Ponte Winery in Temecula, CA.
- Wine Club Benefits are subject to change at any time.
- Wine Pick-Up or Delivery: You may pick up your wine at the winery or have it shipped to you. Wines provided or delivered by the Membership are for personal consumption only and may not be resold. Additional wine purchased online or at the winery does not apply towards your Wine Club commitment.
Shipping Members – In the event your wine is shipped, please note that deliveries must be received by a person 21 years of age, or older, and verification of age is required at the time of delivery. UPS will attempt to deliver the package containing alcohol three (3) times before sending it back to Hawks View Winery. If a package returns, please contact the Wine Club directly at (503) 625-1591. A re-shipping fee will be applied to all orders that are re-shipped.
Pick-Up Members – Hawks View Winery urges will-call members to pick up their shipments within the shipment month. Due to limited quantities, shipment-specific wines are only guaranteed during that shipment month. If the wine is no longer available by the time of pick-up, we will attempt to replace it with wine of equal value. Wines of lesser or greater value will either be credited or charged the difference.
If you are unable to pick up your wine during the shipment month, you must call or email Hawks View Winery to make other arrangements. If a wine release is not picked up within 60 days from the start of the shipment month, and no prior arrangements have been made, the wines will be carefully packed and shipped the following week to the shipping address on file for an additional charge.
- PAYMENT VERIFICATION: ALL FEES FOR WINE CLUB MEMBERSHIPS AND ASSOCIATED CHARGES, SUCH AS SHIPPING AND OTHER RELATED CHARGES, ARE AUTOMATICALLY BILLED TO YOUR CREDIT CARD. BY BECOMING A HAWKS VIEW WINE CLUB MEMBER, YOU AUTHORIZE HAWKS VIEW WINERY TO CHARGE YOUR CREDIT CARD FOUR TIMES PER YEAR ON THE FIRST OF EVERY AUTOMATIC SHIPMENT MONTH (“BILLING DATE”) FOR THE RETAIL VALUE OF THE SHIPPED WINE (LESS THE MEMBERSHIP DISCOUNT), PLUS TAX, AND ANY SHIPPING COSTS. (FEBRUARY, MAY, AUGUST, AND NOVEMBER). YOU FURTHER AUTHORIZE HAWKS VIEW WINERY TO CHARGE YOUR CREDIT CARD FOR ANY RE-SHIPMENTS OR SHIPMENTS FOR WINE NOT PICKED UP IN THE 60-DAY WILL CALL PERIOD AS OUTLINED IN SECTION 3.
- AUTOMATIC RENEWAL: THE HAWKS VIEW WINE CLUB MEMBERSHIP RENEWS AUTOMATICALLY IN FEBRUARY, MAY, AUGUST, AND NOVEMBER FOR A TOTAL OF FOUR (4) AUTOMATIC WINE SHIPMENTS (“AUTOMATIC SHIPMENT”) PER YEAR. YOU FURTHER AUTHORIZE HAWKS VIEW WINERY TO BILL YOUR CREDIT CARD FOR ANY RE-SHIPMENT COSTS INCURRED IN THE INSTANCE AN AUTOMATIC SHIPMENT IS RETURNED TO THE WINERY.
- CANCELLATION: MEMBERS MAY CANCEL THEIR MEMBERSHIP WITHOUT PENALTY ANY TIME AFTER PURCHASING FOUR (4) ACTIVATION BOTTLES COMPRISED OF THE CURRENT WINE CLUB SHIPMENT AND ONE (1) AUTOMATIC SHIPMENT. MEMBERSHIP WILL CONTINUE UNTIL CANCELLED. MEMBERS CAN CANCEL BY PHONE: (503) 625-1591, BY EMAIL: WINECLUB@HAWKSVIEWWINERY.COM, OR ONLINE AT: WWW.HAWKSVIEWWINERY.COM/WINE-CLUB/CANCEL-MEMBERSHIP.
IF A MEMBERSHIP IS CANCELLED PRIOR TO , THE MEMBER AUTHORIZES HAWKS VIEW WINERY TO CHARGE HIS OR HER CREDIT CARD FOR AN AMOUNT EQUAL TO THE MEMBERSHIP DISCOUNTS RECEIVED UP TO THE DATE OF CANCELLATION. TO AVOID BEING CHARGED FOR AN AUTOMATIC SHIPMENT, A CANCELLATION REQUEST MUST BE SUBMITTED SEVEN (7) DAYS BEFORE THE NEXT BILLING DATE. AUTOMATIC SHIPMENTS PROCESSED PRIOR TO A CANCELLATION ARE NONREFUNDABLE, EVEN IF NOT YET RECEIVED.
- Member Information: Each Hawks View Wine Club Member is responsible for maintaining accurate and updated personal information in his or her account profile. Hawks View Winery communicates details of Wine Club Membership by email. If your contact information changes, or if you wish to change your contact information, you must notify Hawks View Winery. Please contact Hawks View Winery online at www.hawksviewwinery.com/Members/, by phone at (503) 625-1591, or by email: email@example.com to update your personal information.
Your personal information will only be used by Hawks View Winery and its affiliates and will not be sold or shared with anyone.
- Damage During Shipment and Delays: If you are a shipping member, wine will be sent to you four times a year on the Automatic Shipment dates. There are no available returns or exchanges of shipped wines except as set forth herein.
Wine is a delicate and perishable commodity and conditions outside of Hawks View Winery’s control may adversely affect the wine during shipment. We will make our best effort to only ship during favorable weather conditions. Due to temperature restrictions, you may be billed 2-6 weeks in advance of the shipment date. If your wine is received in a damaged, spoiled, or otherwise defective state, you may contact us regarding the damage. Hawks View Winery may, in its discretion, send a replacement in exchange, which is your sole and exclusive remedy for a damaged or defective product. Hawks View Winery will not refund shipping charges or additional shipping. Other charges will apply to deliveries that are returned as undelivered or refused.
In the event of circumstances outside the control of Hawks View Winery, which prevent, hinder, or delay Hawks View Winery from performing its obligations, including, but not limited to, acts of God, earthquake, flood, severe weather conditions or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failures to issue permits and authorizations or an inability to obtain supply and materials or other means of shipping, Hawks View Winery’s obligations will be suspended for the term of such event or Hawks View Winery may elect to cancel the Wine Club for the affected Members.
- Hawks View Winery’s Rights: Hawks View Wine Club Membership and its benefits are offered at Hawks View Winery’s discretion. Hawks View Winery reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of these Terms and to cancel, suspend, or revoke any Membership to any Member at any time for any reason, without further obligation to Hawks View Wine Club members or others. Hawks View Winery may change or modify these Terms by posting the updated Terms at www.hawksviewwinery.com/wine-club/terms-and-conditions. Your continued participation in the Wine Club after such posting constitutes your acceptance of the new or different Terms. You should periodically visit www.hawksviewwinery.com/wine-club/terms-and-conditions to review the current Terms.
These Terms supersede all previously published terms and conditions in their entirety.
- DISCLAIMERS: HAWKS VIEW WINERY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (THE “RELEASED PARTIES”) MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WINE CLUB, MEMBERSHIP, OR ANY PRODUCTS OR SERVICES RELATED TO THE WINE CLUB. BY PARTICIPATING IN THE WINE CLUB, EACH MEMBER HEREBY RELEASES THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES AND OTHER EXPENSES RELATING TO THAT MEMBER’S PARTICIPATION IN THE WINE CLUB. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR MEMBERSHIP, INCLUDING DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES ARISING OUT OF CHANGES TO OR TERMINATION OF THE WINE CLUB. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON HAWKS VIEW WINERY’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM HAWKS VIEW WINERY AND THE RELEASED PARTIES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
- Individual Arbitration of Disputes; Jury Trial Waiver: Please read this section carefully because it requires you and Hawks View Winery to resolve all disputes through binding individual arbitration and limits certain rights you may have, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery, except as provided in JAMS, Inc.’s rules, and the right to certain remedies and forms of relief.
I UNDERSTAND AND AGREE TO THE FOLLOWING ARBITRATION PROVISION:
Member and Hawks View Winery agree that they will resolve any disputes through binding and final arbitration instead of through court proceedings.
Pursuant to the Federal Arbitration Act any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall have the power to rule on any challenge to their own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator(s) may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator(s)’ power to rule on their own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator(s) have no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
- Choice of Law: Hawks View Wine Club and these Terms will be governed by and construed under the substantive laws of the State of Oregon, without reference to conflict-of-law considerations, except where federal law, including the Federal Arbitration Act, apply.
- Venue: In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of Oregon’s Washington County Circuit Court for such purposes.
- Attorneys’ Fees: In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party arising out of or relating to these Terms, the prevailing party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.
- Hawks View Winery Logo: Members may not display, reproduce, distribute, modify, transmit, or otherwise use the Hawks View Winery’s logo or other design, text, logo or icons for public or commercial purposes without Hawks View Winery’s written permission. Members are permitted to use this material only for personal, non-commercial purposes.
- Legal Compliance: Member discounts and benefits are not valid with other special offers or discounts. Member benefits are non-transferable. All goods, services and benefits provided by Hawks View Winery, including wines, are only provided and/or shipped to such states in which Hawks View Winery is licensed to provide such goods, services and benefits. Membership in the Club is void where prohibited, and by joining the Club, you represent that your membership in the Club and receipt and use of any goods, services or other items received through the Club does not and will not violate any applicable law or regulation. Members agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of wine and alcoholic beverages.
- Severability: If any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by law and the remainder of that provision will no longer be considered as part of these Terms.
You may contact us by writing to the following address:
Hawks View Winery
20210 SW Conzelmann Road
Sherwood, OR 97140
PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS AND PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES.