Last updated: 06/28/2023

The following Terms and Conditions constitute a legal agreement and are entered into by and between you and Arterra Wines Canada Inc. or any of its companies, including without limitation the Wine Rack, RJS, Great Estates Niagara and Great Estates Okanagan websites and our other websites (collectively, “Arterra”, “we”, “us”, “our”). The following Terms and Conditions, together with any other terms that are expressly incorporated by reference herein, (collectively, “Terms and Conditions”) govern your purchase of our products communicated to you via telephone or e-mail (the “Products”) The terms “you” or “your” refer to the individual or entity making the Purchase (“use” or “using” in these Terms and Conditions will mean any of the foregoing). 

BY PURCHASING OUR PRODUCTS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS, AND YOU REPRESENT AND WARRANT THAT YOU: (A) HAVE REACHED THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH ARTERRA; (B) HAVE REACHED THE LEGAL DRINKING AGE IN THE JURISDICTION YOU ARE LOCATED IN; AND (C) ARE PURCHASING OUR PRODUCTS IN BRITISH COLUMBIA OR ONTARIO. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT PURCHASE OUR PRODUCTS. 

These Terms and Conditions do not alter in any way the terms or conditions of any other agreements you may have with us in respect of any products, applications, services or otherwise.

1. Third Party Payment Processor

You will provide our third-party payment processor (the “Payment Processor”), with the information necessary to process a payment from you, including the billing information requested by the Payment Processor in the weblink sent to you by Arterra. This weblink will expire in 24 hours following your receipt of the weblink. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, if any, in addition to these Terms and Conditions. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By submitting your payment information to the Payment Processor, you authorize the Payment Processor to perform a one-time charge using the applicable payment method at their convenience. You represent and warrant that you will not use any credit card or other form of payment, unless you have all necessary authorization to do so. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment.

2. Fees 

As part of your purchase of our Products, you agree to pay the fees and, if applicable, additional charges set out in Payment Processor weblink sent to you by Arterra (the “Fees”). The Fees do include applicable sales, use, gross receipts, value-added, GST or HST, personal property or other taxes which may be separately itemized for you on the weblink. You will be responsible for and pay all such taxes on the transactions contemplated in connection with these Terms and Conditions. Unless otherwise determined by Arterra, all dollar amounts relating to these Terms and Conditions will be in Canadian dollars. Following your payment of the Fees, a receipt of your purchase will be emailed to you at the e-mail Arterra has on file. 

3. Refunds and Exchanges

If you require a refund or exchange for any Product that is damaged, flawed, or that you find unsatisfactory, you may request the refund or exchange by bringing the Product to one of our stores or locations. The Product must be sealed or in resealable condition. If the Product is not sealed or in resealable condition, we will, in our sole discretion, use our reasonable judgement to determine whether the Product can be returned or exchanged. If you have your receipt, you will have the option of: (a) exchanging the Product with another product of the same or greater value, provided that you pay the difference in price of the value of the Product being returned; or (b) receiving a full refund to the payment method that you used to purchase the Products. If you do not have your receipt, you may only exchange the Product with another product of the same or greater value, provided that you pay the difference in price of the value of the Product being returned.

4. Delivery

Following your payment of the Fees, Products will be available for pick up or in certain instances delivered to a location selected by you. Please allow up to five business days for your order to be processed and packed before it becomes available for pick up. You will be contacted by email or telephone once the Products are ready for pick up. When picking up the Products in-store, you must present a copy of the receipt which was emailed to you when you purchased the Products, and government-issued photo ID, along with proof of legal drinking age. Title to the Products passes from Arterra to you when you pick up the Products from the applicable store. 

Please note that orders through Wine Rack will only be available for pick up at designated Wine Rack store locations. 

If delivery is requested, the following options are available:

• For Great Estates Okanagan, wines will be shipped in temperature-controlled vehicles within British Columbia through ATS Healthcare.  A tracking number will be provided to you once your order has been shipped.
• For Sandbanks Winery, wines will be delivered locally by Arterra personnel within Prince Edward County, Ontario. Confirmation of date and time of delivery will be ascertained via telephone. 

Delivery times may be affected by weather or order volumes. If delivery is requested, please allow for additional two to ten business days for delivery.

Upon request and availability, Products may also be shipped through Canada Post or FedEx. A tracking number will be provided to you once your order has been shipped through these carriers. 

All packages containing alcohol must be signed for at delivery by an adult (minimum 19 years of age) and cannot be left at your door. Please be sure to verify your shipping address before submitting your order. Postal codes must be provided alpha numerically. Wine delivery should be attempted to your door, however in the event of inclement weather, for example, a claim ticket may be left in your community mailbox and not at a physical address. If there is no answer or someone over 19 there to accept the delivery, then the item may be carded and sent to the local post office for recipient pick-up actions, depending on the carrier. 

If the package has not been picked up in ten business days, the package will be returned to Arterra and you will be contacted regarding the return. You will have to option to have the package reshipped to you at our regular shipping rates. Arterra is not responsible for additional shipping charges associated with return-to-sender packages. 

5. Privacy

Your privacy is important to us. Please review our privacy policy, for details relating to the collection, use, disclosure and other processing of your personal information.

6. Disclaimer

USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED STRICTLY ON AN “AS IS”, “AS AVAILABLE” BASIS. ARTERRA DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ARTERRA MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON OUR WEBSITE. ARTERRA WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.

7. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE  LAW, UNDER NO CIRCUMSTANCE WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS, OR ANY SUCCESSORS OR ASSIGNS OF THE FOREGOING (TOGETHER, THE “ARTERRA PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF THE PRODUCTS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

8. Indemnity

You agree to indemnify, defend, and hold the Arterra Parties harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) arising from your breach of these Terms and Conditions.

9. Electronic Communications 

As part of your purchase of our Products, we may communicate with you by e-mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge and agree that Arterra may send you e-mails relating to your purchase of our Products. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all your interactions and transactions with us. You may withdraw your consent to receive all communications electronically by contacting us at privacy@arterracanada.com. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations, or any electronic communications provided, or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email so that you continue to receive all communications without interruption.

10. General Provisions

(a) Choice of Law. Except as restricted by applicable law, these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision. Any action or proceeding arising out of or relating to this these Terms and Conditions will be instituted in the courts of Toronto, Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. 

(b) Entire Agreement and Interpretation. These Terms and Conditions constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Products. In these terms “include” or “including” means including “without limitation”. 

(c) Force Majeure. Arterra will not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.

(d) Waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

(e) Severability. If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

(f) Assignment. You will not assign these Terms and Conditions to any third party without our prior written consent. Any assignment in violation of this Section will be void. These Terms and Conditions will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

11. Contact

If you have any questions or comments regarding these Terms and Conditions or have feedback, comments, requests or other communications relating to the Products please contact Consumer Inquiries at: 

• Arterra Wines Canada, Inc. 
• Address: 441 Courtneypark Drive East, Mississauga, ON L5T 2V3 Canada
• Phone: 1 (877) 919-758
• Email: consumer.help@arterracanada.com