This agreement is between Amaterra LLC aka Amaterra Winery (“Amaterra”) and the undersigned (“Member”) as of the date executed below (“Effective Date”). This agreement governs the Member’s participation in one of Amaterra’s wine clubs (“Membership”). Amaterra and Member are parties to this Agreement and may be referred to individually as “Party” or collectively as “Parties.” For good and valuable consideration, the value, sufficiency, and receipt of which is hereby acknowledged, the Parties agree as follows:
a. Member acknowledges and agrees that Member is at least 21 years of age.
b. Membership level terms (e.g., customizations, tastings, pricing) shall be those terms that Amaterra has put in place as of the Effective Date. Members will receive recurring shipments of wine during the year (“Recurring Shipment”), depending on Member’s Membership level.
c. The initial term of this Agreement shall be 12 months (“Initial Term”) and shall renew automatically on the anniversary of the Effective Date.
d. Member authorizes Amaterra to automatically charge the credit card on file for the Membership fee during the Initial Term. After the Initial Term, Member authorizes Amaterra to automatically charge the credit card on file the fee for each Recurring Shipment based on Member’s Membership level which may vary depending on the Recurring Shipment. Member may cancel their Membership at any time by giving Amaterra written notice of their intent to cancel at least two weeks prior to their credit card being processed in connection with the subsequent Recurring Shipment.
e. Amaterra shall notify Member of an upcoming Recurring Shipment approximately two weeks prior to releasing the Recurring Shipment. It is Member’s sole responsibility to maintain updated account information including credit card information, email address, phone number and shipping address.
f. Wine club benefits are exclusive to Members. Membership benefits are not transferrable, and Member must be present to use any Membership benefits, including complimentary tastings. All club selections must be purchased to maintain an active club membership and enjoy club benefits. Holds may be granted for exceptional circumstances at the club manager’s discretion.
g. Amaterra reserves the right to amend any and all aspects of Membership, including but not limited to frequency of Recurring Shipments, wines offered, wine release schedule, etc. Member acknowledges and agrees that Amaterra may immediately terminate this agreement and the Membership, in Amaterra’s sole discretion, for any reason or for no reason whatsoever. This Agreement is governed by the laws of the State of Oregon.
a. Recurring Shipments and any other order by Member (singularly or collectively, “Order’) can be collected at 8150 SW Swede Hill Drive, Portland, Oregon 97225 (“Winery”) or shipped to select states where the law allows. An Order must be picked up at the Winery within three months of the Order or the Order will be shipped at Member’s expense. Members may opt to upgrade their shipping at an additional shipping charge upon request to the club manager. It is Member’s obligation to notify Amaterra of any address changes before wines are shipped. Amaterra is not responsible for shipping charges incurred due to misdirected wine.
b. Any Order that is shipped must be signed for at delivery by someone who is at least 21 years of age. Amaterra highly recommends shipping an Order to a business address. Amaterra cannot ship an Order to a P.O. Box. Member shall be responsible for providing accurate shipping information and Member agrees to pay any misdirected shipment fees incurred because of inaccurate shipping information. To the maximum extent allowed by law, Amaterra shall not be liable or responsible for lost or misdirected fees related to an Order. Once an Order has been shipped, it cannot be refunded, recalled, customized, or reprocessed.
c. To ensure the quality of Member’s wines, Amaterra reserves the right at its sole discretion to hold an Order due to weather conditions at our discretion.
d. Text Message Authorization. Member authorizes Winery to send Member text messaging related only to Member’s reservations and reservation information. Depending on Member’s mobile plan, text message and data rates may apply. Member may opt-out at any time by replying with the word“STOP.”
e. Email Message Authorization. Member authorizes Winery to send Member related email messages pertaining to membership communication, including restaurant, events and other related Amaterra communication. Member may opt-out by unsubscribing to the communications.
By accepting the wine club terms and conditions, you agree to be bound to these Terms and Conditions offered by Amaterra, LLC, as they may be amended from time to time. The effective date of this agreement is October 4, 2021.