Effective Date: 05/08/2026
These Text Messaging Terms & Conditions (“Terms”) constitute a legal agreement between Vivác Winery (“Vivác Winery,” “we,” “us,” or “our”) and you regarding your participation in our SMS/text messaging program and related online services (collectively, the “Platform”). By opting into, accessing, or using the Platform, you agree to these Terms, our Privacy Policy, and any additional terms applicable to certain services or promotions.
1. SMS Messaging Program
Vivác Winery operates a text messaging program that allows subscribers to receive conversational, informational, transactional, and promotional text messages related to our winery, wines, wine club, tasting room events, online orders, shipping updates, special releases, and other related offerings.
By providing your mobile phone number and opting into our messaging program, you expressly consent to receive recurring automated marketing and informational text messages from Vivác Winery at the number provided. Consent is not a condition of any purchase.
You represent that:
- You are the authorized user of the mobile number provided;
- You are at least 21 years of age; and
- You reside in a jurisdiction where such communications are lawful.
Message frequency may vary.
2. SMS Messaging Opt-Out and Customer Support
You may opt out of the SMS service at any time by replying:
STOP
to any text message you receive from us. After opting out, you will receive a confirmation message and will no longer receive SMS messages unless you re-enroll.
For help, reply:
HELP
or contact us directly at:
Vivác Winery
Phone: (505) 579-4441
Email: info@vivacwinery.com
Message and data rates may apply. Please contact your wireless provider for details regarding your messaging or data plan.
Wireless carriers are not liable for delayed or undelivered messages.
3. Age Restrictions and Alcohol Compliance
Vivác Winery sells alcoholic beverages and complies with all applicable federal, state, and local laws governing the sale and shipment of alcohol.
By using the Platform or placing an online order, you represent and warrant that:
- You are at least 21 years old;
- You are legally permitted to purchase and receive wine in your jurisdiction;
- Any recipient of wine shipments is at least 21 years old; and
- You will not use our products for any unlawful purpose.
We reserve the right to:
- Request age verification at any time;
- Refuse service or cancel orders;
- Decline shipments to jurisdictions where shipment is prohibited or restricted; and
- Require an adult signature upon delivery.
Any attempted purchase or use of the Platform by persons under 21 years of age is strictly prohibited.
4. Wine Sales and Shipping Limitations
Wine shipments are subject to applicable state and local laws. Vivác Winery does not guarantee that products listed on the Platform are available or legal for shipment to all locations.
We reserve the right to:
- Limit quantities purchased;
- Refuse or cancel orders at our discretion;
- Restrict shipments to certain states or regions;
- Delay shipments due to weather or compliance requirements; and
- Modify pricing, availability, or vintages without notice.
Title to and ownership of wine passes to the purchaser in the State of New Mexico at the time the order is accepted and paid for, to the extent permitted by law. The purchaser assumes responsibility for compliance with all applicable laws regarding the receipt and possession of alcoholic beverages.
Vivác Winery is not responsible for failed deliveries caused by:
- An unavailable recipient;
- Failure to provide valid age verification;
- Incorrect shipping information; or
- Carrier inability to complete delivery.
Shipping charges are non-refundable once an order has been processed or shipped.
5. Online Orders and Payment Processing
All online purchases are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including suspected fraud, pricing errors, inventory inaccuracies, or legal compliance concerns.
You agree to provide accurate billing, payment, and shipping information. By submitting payment information, you authorize Vivác Winery and its third-party payment processors to charge all applicable fees, taxes, shipping charges, and related costs associated with your purchase.
Prices are subject to change without notice.
6. Returns and Refunds
Due to the nature of alcoholic beverage products and applicable regulations, all wine sales are generally final unless otherwise required by law.
If your order arrives damaged or defective, you must contact us within five (5) days of delivery at info@vivacwinery.com with supporting photographs and order information. We may, at our discretion, offer replacement products, store credit, or refunds where appropriate.
Vivác Winery is not responsible for damage caused by weather exposure after delivery attempts or delays caused by carriers.
7. Recorded Communications and Data Usage
By using the Platform, you acknowledge and consent that communications sent or received through the Platform, including SMS messages, may be recorded, stored, and processed by Vivác Winery and its service providers for operational, legal, marketing, and customer service purposes.
We collect and process personal information in accordance with our Privacy Policy.
8. Intellectual Property
All content made available through the Platform, including logos, trademarks, images, product descriptions, graphics, videos, text, and related materials (“Content”), is owned by or licensed to Vivác Winery and is protected by applicable intellectual property laws.
You may not reproduce, distribute, modify, display, transmit, or otherwise use any Content without prior written permission from Vivác Winery.
9. Third-Party Services and Links
Our Platform may contain links to third-party websites, services, or payment providers. Vivác Winery is not responsible for the availability, accuracy, or content of third-party services and does not endorse such services unless expressly stated.
Your use of third-party websites is governed by their respective terms and policies.
10. User Conduct
You agree not to:
- Use the Platform for unlawful purposes;
- Submit false or misleading information;
- Interfere with Platform functionality or security;
- Attempt unauthorized access to our systems; or
- Violate any applicable laws or regulations.
We reserve the right to suspend or terminate access for any violation of these Terms.
11. Disclaimer of Warranties
The Platform and all related services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied.
Vivác Winery does not guarantee:
- Uninterrupted or error-free operation of the Platform;
- Accuracy or completeness of content;
- Availability of products; or
- That the Platform will be free from viruses or harmful components.
Use of the Platform is at your sole risk.
12. Limitation of Liability
To the fullest extent permitted by law, Vivác Winery and its affiliates, officers, employees, agents, contractors, and service providers shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising out of or related to:
- Use of or inability to use the Platform;
- Delayed or failed shipments;
- SMS delivery failures;
- Product availability;
- Third-party carrier actions; or
- Unauthorized access to your information.
Our total liability for any claim arising under these Terms shall not exceed the amount paid by you to Vivác Winery for the applicable product or service giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Vivác Winery and its affiliates, officers, employees, agents, contractors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses arising out of:
- Your violation of these Terms;
- Your misuse of the Platform;
- Your violation of any law or regulation; or
- Your purchase, shipment, or use of alcoholic beverages.
14. Termination
Vivác Winery may suspend or terminate your access to the Platform or SMS messaging program at any time, with or without notice, for any reason, including violation of these Terms.
15. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes become effective upon posting to our website or otherwise providing notice.
Your continued use of the Platform following any changes constitutes acceptance of the revised Terms.
16. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflict of law principles.
You agree that any disputes arising from or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the state courts located in Rio Arriba County, New Mexico, or the United States District Court for the District of New Mexico.
17. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18. Contact Information
If you have any questions regarding these Terms or the Platform, please contact:
Vivác Winery
Dixon, New Mexico
Phone: (505) 579-4441
Email: info@vivacwinery.com