Legal & Privacy

1. Terms of Service

Welcome to the Bernardus Winery website. The Website is operated by Bernardus Winery. By accessing or using the Website, purchasing products, joining our Wine Club, or otherwise interacting with us, you agree to these Terms of Service. Please read them carefully.

Use of Website

You may use the Website for lawful purposes only. You agree not to use the Website in any way that violates applicable laws or regulations.

Age Requirement

Alcohol may only be purchased by individuals who are at least 21 years of age. By placing an order, you represent and warrant that you meet legal purchase and delivery age requirements in your jurisdiction.

Account Registration

Certain features may require creating an account. You agree to provide accurate information and maintain confidentiality of login credentials.

Orders & Availability

Product availability, vintage years, pricing, and promotions are subject to change without notice. We reserve the right to refuse or cancel orders at our discretion.

Taxes

Applicable state and local taxes may be added to product purchases as required by law.

Intellectual Property

All trademarks, service marks, label art, photography, and content displayed on the Website are the property of Bernardus Winery or third-party licensors and may not be reused without written consent.

Third-Party Services

We may use third parties for ecommerce, fulfillment, tracking, or marketing services. We are not responsible for the terms or policies of such third parties.

Disclaimer

The Website and all content are provided on an “as-is” basis without warranties of any kind, express or implied.

Limitation of Liability

To the fullest extent permitted by law, Bernardus Winery shall not be liable for indirect, incidental, punitive, or consequential damages arising from your use of the Website or products.

Governing Law

These Terms are governed by the laws of the State of California without regard to conflict of law principles.

Changes to Terms

We may update these Terms from time to time. Continued use constitutes acceptance of updated Terms.

2. Privacy Policy

This Privacy Policy explains how Bernardus Winery collects, uses, and protects personal information when you interact with our Website, purchase products, join our Wine Club, or otherwise engage with us.

Information We Collect

We may collect:

  • Contact information (name, email, phone, billing/shipping address)

  • Account credentials (if you create an account)

  • Transaction information (orders, payments, purchase history)

  • Compliance information (age verification)

  • Device and browsing data (via cookies and analytics tools)

  • Marketing preferences and communication history

How We Use Information

We use information to:

  • Process orders and shipments

  • Operate Wine Club memberships

  • Provide customer support

  • Comply with alcohol regulations

  • Improve our Website and services

  • Send marketing communications (with opt-out capability)

  • Perform analytics and advertising through permitted channels

Sharing of Information

We may share information with:

  • Fulfillment and shipping partners

  • Payment processors

  • Compliance platforms

  • Marketing and analytics vendors

  • Service providers under contract

We do not sell Personal Information for monetary consideration.

Your Rights

Depending on your jurisdiction, you may have rights to:

  • Access your data

  • Request corrections

  • Request deletion

  • Opt-out of marketing

  • Restrict processing

  • Request a copy (portability)

  • Exercise rights under CCPA/CPRA and GDPR (if applicable)

Submit requests to: Tastingroom@bernardus.com

Data Retention

We retain information as required for legal, operational, and compliance purposes.

Data Security

We use commercially reasonable measures to protect information; however, no system is 100% secure.

3. Cookie Policy

Our Website uses cookies, pixels, and similar technologies to operate essential site functions, analyze usage, and support marketing efforts.

Types of Cookies

  • Essential: Required for cart, checkout, login

  • Analytics: GA4 / GTM site performance metrics

  • Advertising: Meta/Facebook/Instagram retargeting

  • Preference: Stores user settings and region

You may control cookies through browser settings or platform-specific tools. EU visitors may see a consent banner.

4. Age Verification & Alcohol Compliance Notice

Bernardus Winery sells alcoholic beverages. By purchasing, you represent that:

  • you are at least 21 years of age, and

  • any recipient is also 21+, and

  • a government-issued ID may be required upon delivery.

Carriers may require an adult signature.

Alcohol shipments are subject to state laws and may be limited or restricted.

5. Wine Club Terms & Conditions

By enrolling, you agree to these Terms. Bernardus Winery reserves the right to modify Club benefits, pricing, and these Terms with advance notice, subject to applicable law.

1) Eligibility and Member Account

  • Members must be 21 years of age or older and present valid identification when redeeming benefits.
  • Membership benefits are non-transferable and intended for personal use. Bernardus may request ID verification at any time.
  • Members are responsible for maintaining accurate contact, billing, and shipping information on their account.

 

2) Club Tiers and Releases

  • 3-Bottle Subscription: 3 releases per year (March, May, October).
  • 6-Bottle Subscription: 3 releases per year (March, May, October).
  • 12-Bottle Subscription: 3 releases per year (March, May, October).

 

Bernardus may adjust release timing, wine selections, and inventory allocations due to availability, vintage variation, or operational needs.

3) Preferences and Customization

Members may choose red-only, white-only, mixed, or winemaker selections. Preference submission deadlines (“cutoff dates”) are communicated prior to each release.

  • If no preferences are submitted by the cutoff date, Bernardus will curate a default mixed selection.
  • Requests submitted after cutoff may not be accommodated.
  • Add-ons (such as magnums, library wines, bundles) may be offered subject to availability and tier access.

 

4) Billing, Pricing, and Discounts

  • Members are automatically billed prior to each release using the payment method on file.
  • Member discounts apply to eligible wine purchases and may not be combined with other offers unless explicitly stated.
  • Taxes and shipping charges are additional and not discounted unless noted.
  • If pricing or benefits change, Bernardus will provide advance notice (30 days).

 

5) Commitment and Cancellation

Minimum commitment: Two (2) Club releases after joining.

  • To avoid charges for an upcoming release, cancellation or changes (including skips/pauses) must be submitted before the release billing/cutoff date (at least 10 days before billing).
  • Cancellation requests received after the cutoff/billing date will apply to the next release.
  • Bernardus may suspend or cancel membership for misuse of benefits or policy violations.

 

6) Shipping and Pickup

Members select shipment method (shipping or pickup) in their account. Shipping is subject to compliance and legal restrictions based on destination.

6a) Shipped Members (Delivery)

  • Members are responsible for providing a valid shipping address and ensuring someone 21+ can receive the shipment when required.
  • If a shipment is returned or re-routed due to failure to receive, refusal, incorrect/undeliverable address, or unclaimed delivery, Bernardus will re-ship the wine and the member will be charged additional shipping costs.

 

6b) Pickup Members (Tasting Room Pickup)

  • Pickup releases must be collected within 45 days of the release date.
  • If not collected within the pickup window, Bernardus will ship the wine to the member’s address on file (where legally permitted) and charge the member for shipping.
  • If shipping is not legally permitted, Bernardus will contact the member to arrange an alternative pickup plan; wine not collected within a reasonable timeframe may be forfeited at Bernardus’s discretion.

 

7) Complimentary Tastings

  • Club members receive four (4) complimentary tastings per visit.
  • Benefits may be redeemed up to two (2) visits per quarter.
  • Complimentary tastings cover up to four (4) guests total, including the member, per visit.
  • The member must be present to redeem benefits. Reservations are recommended; blackout dates and capacity limits may apply.

 

8) Event Access and Allocations

  • Event access, priority windows, and discounts vary by tier and event and are subject to availability.
  • Limited-production wines, magnums, and library offerings may be allocated by tier and may sell out.

 

9) Member Conduct and Benefit Use

  • Benefits may not be resold, transferred, or used for commercial purposes.
  • Bernardus may refuse service or terminate membership for abusive behavior, fraud, or repeated policy violations.

 

10) Governing Law

These Terms are governed by the laws of the State of California. Venue for disputes shall be in the appropriate court located in Monterey County, California, unless otherwise required by law.

6. Shipping Policy

We ship wine to permitted U.S. states in compliance with state alcohol laws. Orders are fulfilled through licensed fulfillment partners.

Timelines

Orders are typically processed within 3 business days. Weather holds may apply.

Adult Signature

All shipments require an adult (21+) signature. Carriers will not leave packages unattended.

Shipping Fees

Rates are calculated based on destination, carrier, and order size.

Weather

Extreme heat or cold may delay shipments. Customer may assume risk when opting to ship during weather holds.

 

7. Return & Refund Policy

Defective or Damaged Wine

If wine is damaged or defective (e.g., corked), notify us within 3 days. We may offer replacement, credit, or refund.

Incorrect Shipments

If incorrect wines are shipped, we will correct the error at no cost.

Non-Refundable Items

Due to alcohol regulations, we cannot accept returns of opened wine or returns based solely on personal taste preference.

8. Accessibility Statement

Bernardus Winery is committed to digital accessibility and strives to comply with WCAG 2.1 AA standards. If you experience accessibility challenges, please contact us at Tastingroom@bernardus.com and we will assist promptly.

9. Sustainability & Environmental Statement

Bernardus Winery is committed to sustainable farming and winemaking practices, including water stewardship, soil health, integrated pest management, and community standards. Certifications and programs may include CCSW or equivalent initiatives. Sustainability goals may evolve over time as practices advance.

10. Gift Card / e-Gift Card Terms

Gift cards are redeemable for merchandise and services at Bernardus Winery unless otherwise stated. Gift cards are not redeemable for cash, except where required by law. Lost cards may not be replaced without proof of purchase. Expiration restrictions follow applicable state law (California prohibits expiration).

11. Sweepstakes / Promotions Terms

Sweepstakes, contests, and promotions may include additional rules governing:

  • eligibility

  • entry methods

  • prizes

  • winner selection

  • notification

  • tax obligations

  • publicity rights

No purchase is necessary unless expressly stated. Void where prohibited.

12. Press & Media Usage Guidelines

Images, logos, label art, and brand assets are protected intellectual property. Any media usage requires written permission. Trade and distributor partners may request access via Tastingroom@bernardus.com

13. Intellectual Property Notice

All trademarks, copyrights, service marks, label artwork, packaging, and visual content are the property of Bernardus Winery or its licensors. Unauthorized reproduction or misrepresentation is prohibited.

14. GDPR Addendum for EU/UK Visitors

Residents of the EU/UK may have additional rights under GDPR, including rights to:

  • access

  • rectification

  • erasure

  • portability

  • restriction

  • objection

Legal basis for processing may include contractual necessity, legitimate interest, consent, or compliance with regulatory obligations. Data may be transferred to the U.S. using permitted transfer mechanisms. To exercise rights, contact Tastingroom@bernardus.com