Thomas Fogarty Winery – Terms of Service

Last Updated: October 28, 2025

Welcome to Thomas Fogarty Winery (“Fogarty Winery, LLC,” “we,” “our,” or “us”).

These Terms of Service (“Terms”) govern your access to and use of our website, online store, and related products, services, and digital communications (collectively, the “Services”), which are hosted and powered by Shopify.

By using the Services, you agree to these Terms, our Privacy Policy, and all applicable laws and regulations, including those governing the sale and shipment of alcoholic beverages.

1. Eligibility & Age Restriction

You must be 21 years of age or older to purchase alcoholic beverages through the Services.

By placing an order, you represent and warrant that you are at least 21 years old and that the recipient of any shipment is also at least 21 years old. Deliveries require the signature of an adult 21+ with valid government-issued identification.

We reserve the right to cancel or refuse any order if age verification cannot be completed or if shipment is not permitted to your location.

 

2. Compliance With Shipping Laws

Thomas Fogarty Winery complies with all applicable U.S. and California laws governing direct-to-consumer wine shipments.

We currently ship only to states where we are legally licensed or where shipment is otherwise permitted. You are responsible for knowing and following the laws of your jurisdiction regarding the receipt of alcoholic beverages.

Orders placed for prohibited delivery areas will be cancelled and refunded.

3. Orders, Pricing & Availability

All prices are in U.S. dollars and may change without notice. Product availability varies and may be limited.

By completing a purchase, you authorize us (and Shopify Payments or our payment processor) to charge your designated payment method for the total amount including shipping, handling, and applicable taxes.

We reserve the right to correct any errors in pricing or availability and to limit quantities per customer.

 

4. Returns, Exchanges & Refunds

Due to state and federal regulations, alcoholic beverages generally cannot be returned except in cases of defective, damaged, or incorrect shipments.

If you receive a damaged or incorrect item, please contact kaitlin@fogartywinery.comwithin 10 days of delivery.

Refunds or replacements will be processed according to California law and winery policy.

 

5. Subscriptions & Memberships

If you join our Wine Club or subscription service, you authorize recurring charges to your payment method as outlined during sign-up.

You may modify or cancel your subscription at any time before the next billing cycle. Club memberships are subject to state laws governing recurring shipments of alcoholic beverages.

 

6. Intellectual Property

All content on the website—including text, images, logos, and product descriptions—is the property of Thomas Fogarty Winery or its licensors and is protected by copyright and trademark laws.

You may not copy, reproduce, modify, or distribute any materials without written consent.

 

7. Prohibited Conduct

You agree not to:

• Use the Services for unlawful or unauthorized purposes;
• Interfere with, disrupt, or attempt to compromise the security of the Services;
• Misrepresent your identity or age;
• Purchase products for resale or on behalf of anyone under 21.

 

8. Limitation of Liability

To the fullest extent permitted by law, Thomas Fogarty Winery and its affiliates are not liable for indirect, incidental, or consequential damages arising out of your use of the Services or purchase of our products.

Our total liability to you will not exceed the amount paid for the product giving rise to the claim.

 

9. Indemnification

You agree to indemnify and hold harmless Thomas Fogarty Winery, its affiliates, and employees from any claims or damages arising from your use of the Services, violation of these Terms, or breach of applicable laws.

 

10. Governing Law

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

Any dispute shall be resolved in the state or federal courts located in San Mateo County, California.

 

11. Modifications

We may update or revise these Terms from time to time. The “Last Updated” date above indicates the current version. Continued use of the Services constitutes acceptance of the revised Terms.

 

12. Contact

Kaitlin Briton

Thomas Fogarty Winery

3130 Alpine Rd #288-603

Portola Valley, CA 94028 USA

Email: kaitlin@fogartywinery.com

 

Thomas Fogarty Winery – Privacy Policy

Last Updated: October 28, 2025

This Privacy Policy explains how Thomas Fogarty Winery (“Fogarty Winery, LLC,” “we,” “our,” or “us”) collects, uses, and shares your information when you visit our website, make a purchase, or interact with our Services, which are hosted by Shopify.

 

1. Information We Collect

We collect information that identifies or relates to you, such as:

• Contact details: name, billing/shipping address, phone number, email;
• Payment details: credit/debit card or other payment data processed through secure payment providers;
• Account information: username, password, preferences;
• Device and usage data: IP address, browser type, cookies, analytics;
• Purchase history: products viewed, ordered, or returned;
• Communications: customer service messages, club inquiries, or event registrations.

 

2. How We Use Information

We use your information to:

• Process and fulfill orders, payments, and deliveries;
• Communicate order status, account updates, or club news;
• Send promotional messages (with consent);
• Verify age and comply with alcohol shipping laws;
• Detect and prevent fraud or misuse;
• Improve our website, products, and customer experience; and
• Comply with applicable legal obligations.

 

3. How We Share Information

We share information only as necessary to provide our Services, including with:

• Shopify, which powers our online store and payment systems (Shopify Privacy Policy);
• Payment processors and shipping carriers;
• Marketing and communication vendors (e.g., Klaviyo, Red Chirp);
• Legal or regulatory authorities, as required by law.

We do not sell personal information. We may “share” limited data for cross-context advertising consistent with the California Privacy Rights Act (CPRA).

 

4. Cookies & Tracking Technologies

We use cookies and similar technologies to operate our site, enhance user experience, and serve personalized offers.

You can manage cookie preferences through your browser or activate the Global Privacy Control (GPC) signal to opt out of targeted advertising as defined by California law. Learn more at globalprivacycontrol.org.

 

5. Your Rights

Depending on your location, you may have the right to:

• Access or request a copy of your personal data;
• Request correction or deletion of your information;
• Opt out of data sharing or targeted advertising;
• Withdraw consent for marketing communications; and
• Lodge a complaint with a supervisory authority.

To exercise your rights, email kaitlin@fogartywinery.com. We will verify your identity before processing your request and respond within the time required by law.

6. Age Restriction

Our Services are intended for individuals of legal drinking age. We do not knowingly collect data from anyone under 21. If you believe a minor has provided information, please contact us to request deletion.

7. Data Retention & Security

We retain data as long as necessary for legitimate business or legal reasons. We employ reasonable administrative and technical safeguards but cannot guarantee absolute security of data transmissions.

 

8. International Transfers

If you are outside the United States, note that your information may be processed in the U.S. We rely on recognized safeguards such as the EU Standard Contractual Clauses for international transfers.

9. Changes to This Policy

We may update this Privacy Policy periodically to reflect changes in law or business practices. The “Last Updated” date indicates the current version.

10. Contact

Kaitlin Briton

Thomas Fogarty Winery

3130 Alpine Rd #288-603

Portola Valley, CA 94028 USA

Email: kaitlin@fogartywinery.com