These Terms of Service ("Terms") govern your use of the Phantom Creek Estates ("PCE", "we", "us", "our") website at phantomcreekestates.com, our online store, and any related services (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, please do not use the Services.
1. Eligibility & Age Restriction
The Services involve the sale of alcoholic beverages. You must be of legal drinking age in your province or country of residence (19+ in British Columbia, Canada) to purchase or arrange delivery of any wine product. By using the Services or placing an order, you represent and warrant that you meet this requirement and that you will provide valid government-issued photo identification on delivery. We reserve the right to refuse service or cancel any order at our discretion.
2. Orders, Pricing, and Payment
All prices are listed in Canadian Dollars (CAD) and are subject to applicable taxes (GST and PST where required by British Columbia law) and any container deposits or recycling fees. We reserve the right to correct pricing errors and refuse or cancel any order, including after order confirmation, at our sole discretion. Payments are processed by trusted third-party providers (including Clover Network, LLC) using industry-standard security. PCE does not store full payment card numbers.
3. Shipping & Delivery
Shipping availability is limited to provinces and countries where the import and sale of alcohol from British Columbia is lawful. Shipping rates, transit times, and minimum order quantities are displayed at checkout and may change without notice. An adult signature (19+ with valid ID) is required at delivery for all wine shipments. PCE is not responsible for delays caused by carriers, customs, weather, or events beyond our reasonable control.
4. Returns & Refunds
Due to the nature of alcohol sales and provincial liquor laws, all sales are generally final. We will replace or refund products that arrive damaged, defective, or incorrect, provided you contact us within seven (7) days of delivery with photographic evidence. Refunds are issued to the original payment method. Container deposits, where charged, are refunded only upon return of containers in accordance with the BC Liquor Distribution Branch program.
5. Tasting Room & On-Premise Visits
Visits to our tasting room and any on-site events are subject to our House Rules, BC Liquor Control and Licensing Branch regulations, and any reservation terms communicated at the time of booking. We reserve the right to refuse service to any visitor who appears intoxicated, is unable to provide valid identification, or behaves in a manner that disrupts other guests or staff.
6. Intellectual Property
All content on the Services — including logos, photographs, vintage notes, label artwork, written descriptions, and the "Phantom Creek Estates" name and marks — is the property of PCE or its licensors and is protected by Canadian and international intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written consent, except for personal, non-commercial use of publicly available content.
7. User Conduct
You agree not to use the Services to: (a) violate any applicable law or regulation, including liquor laws; (b) misrepresent your age, identity, or location; (c) interfere with or disrupt the Services or our infrastructure; (d) attempt to gain unauthorized access to any part of the Services; or (e) submit false information at checkout, including for the purpose of arranging delivery to a minor.
8. Disclaimers
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, PCE disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or hat any defects will be corrected.
9. Limitation of Liability
To the fullest extent permitted by law, PCE, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or related to your use of the Services. Our aggregate liability for any claim arising from your use of the Services shall not exceed the amount you paid to PCE in the six (6) months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless PCE and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any law or the rights of any third party.
11. Governing Law & Jurisdiction
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Services shall be brought exclusively in the courts located in British Columbia, and you consent to the personal jurisdiction of those courts.
12. Changes to These Terms
We may update these Terms from time to time. The "Effective Date" above will reflect the most recent revision. Continued use of the Services after an update constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
13. Contact
For questions about these Terms, contact us at:
Phantom Creek Estates
4315 Black Sage Rd, Oliver, BC V0H 1T1
Email: [email protected]
Phone: (250) 498-8367
