1. Age Requirements
You must be 21 years of age or older to purchase alcohol through this Site.
By placing an order, you certify under penalty of perjury that:
You are at least 21 years old;
The recipient is at least 21 years old;
A valid, government-issued ID will be presented at delivery.
Failure to comply may result in the order being returned or canceled, without refund of shipping charges.
2. Direct-to-Consumer Shipping Compliance (California)
We are licensed to ship wine directly to consumers in California under applicable ABC (Alcoholic Beverage Control) regulations.
When you purchase wine from us for shipment to a California address, you acknowledge:
All sales are made in California, where title passes to you at our winery.
We arrange shipment on your behalf as your agent.
An adult signature (21+) is required upon delivery.
We cannot ship alcohol to P.O. boxes.
Orders may be delayed or canceled due to extreme weather conditions to help protect product quality.
3. Out-of-State Shipping
For customers outside California, shipments are made only to states where we are legally permitted to ship. If your state restricts DTC shipments, your order will be canceled or refunded.
4. Product Availability, Pricing & Errors
All wines and merchandise offered on this Site are subject to availability.
We may modify offerings, pricing, or descriptions at any time. If a product is listed incorrectly—due to typographical error, incorrect pricing, or system error—we reserve the right to cancel or refuse orders.
5. Payment & Authorization
By submitting an order, you authorize us (or our payment processor) to charge your selected payment method for the total amount shown at checkout, including applicable taxes and shipping.
California law requires that sales tax be applied based on the destination of the shipment within California.
6. Return & Refund Policy (California Beverage Law)
Wine Purchases (Non-Returnable)
In accordance with California DTC best practices and due to the perishable and regulated nature of alcohol:
All wine sales are final. We do not accept returns of wine for any reason, including preference or ordering mistakes.
However, we will replace or refund wine that is:
Damaged in transit
Leaking or broken upon arrival
Spoiled or otherwise compromised
Issues must be reported within a reasonable timeframe, with photos when applicable.
Merchandise
Non-wine retail items may be returned or exchanged if unused, in original condition, and returned within the timeframe stated on your order confirmation.
7. Club Membership Terms (California Auto-Renewal Law Compliance)
California requires clear disclosure for auto-renewing memberships. By joining our wine club, you acknowledge:
Membership renews automatically until canceled.
You authorize us to charge the card on file for each scheduled shipment.
You may cancel at any time prior to the next billing cycle.
You will receive a pre-billing notice before each shipment.
Pricing, benefits, and shipment timing may change with notice.
You may cancel by email, phone, or through your account portal.
8. Privacy & Data Use (California Consumer Privacy Act – CCPA)
Your use of the Site is governed by our Privacy Policy, which includes your rights under California law, including:
The right to know what personal information is collected
The right to request deletion of personal data
The right to opt out of the sale or sharing of personal information
The right to non-discrimination when exercising privacy rights
We do not sell customer data.
9. Intellectual Property
All text, imagery, trademarks, and design elements are the property of Ashes & Diamonds Winery or our partners. Use, reproduction, or distribution without written authorization is prohibited.
10. Disclaimer of Warranties
The Site and all content are provided “as is.”
We do not guarantee:
uninterrupted access
error-free functionality
accuracy, completeness, or suitability of information
To the fullest extent permitted by California law, we disclaim liability for damages arising from your use of the Site.
11. Limitation of Liability
To the extent allowed by California law, our liability for any claim related to your purchase, use of the Site, or interaction with us is limited to the amount paid for the product or service in question.
Certain consumer rights cannot be waived under California law; those rights remain intact.
12. Indemnification
You agree to indemnify and hold harmless Ashes & Diamonds Winery from claims, damages, or losses arising from your breach of these Terms or misuse of the Site.
13. Governing Law & Dispute Resolution
These Terms are governed by California law. Any dispute will be resolved in Napa County or another appropriate California jurisdiction unless otherwise required by law.
14. Changes to Terms
We may update these Terms to comply with changes to California law or business practices. Continued use of the Site indicates acceptance of the updated terms.
15. Contact Information
For questions about these Terms or about your order:
Ashes & Diamonds Winery