Terms and Conditions
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Thank you for visiting the Laguna Cellar website located at www.lagunacellar.com (the “Website”). Laguna Cellar LLC (“We” or “Our” or “Us”) has developed the terms, conditions and notices below to govern the terms on which you (referred to in these Terms and Conditions as “You” or “Your“) use the Website. These Terms and Conditions also specify the terms on which We (“Laguna Cellar”) sell our products through the Website. Please read these Term & Conditions carefully. If You do not agree to the terms below, You may not use this Website. 1. Use of the Websitea. Laguna Cellar does not permit this Website to be used by any person under 21 years old. By placing an order with Laguna Cellar, You represent and warrant that You are at least twenty-one (21) years old and that You are purchasing wine for personal use. b. Subject to Your compliance with these Terms and Conditions, Laguna Cellar grants You a non-exclusive, non-transferable, revocable license to access the content and use the services on the Website solely for its intended purpose. 2. Product Ordersa. Shipping Compliance. Domestic shipping laws regulating alcoholic beverages vary by state and change frequently. If You place an order within a state that has restrictions regarding purchase/delivery of Your order We may not be able to ship to your state. In such event We will contact You regarding your shipping options. Wine shipments require a signature at the time of delivery from someone 21 years or older. b. Shipping Weather.
2. We do not recommend Ground delivery service for wine (unless it is Overnight Ground delivery). We are not responsible for damaged orders due to the selection of Ground delivery. We highly recommend that You consider selecting an expedited delivery service when Overnight delivery is not an option. 3. For customers who must ship orders in the summer months, We offer ice pack inserts when shipped via 2nd Day service. 4. We ship internationally to a select list of countries, either from the US or from Our Bordeaux warehouse. International orders may be subject to minimum order size requirements and are subject to international laws. c. Storage. We do not offer wine storage. You have up to two months to take delivery once You are notified that an order is ready for shipment or curbside pickup. We will charge a monthly storage fee of $100 per case on any order that You leave in our storage without prior notice or agreement. d. Return Policy.
2. We make every effort to ensure a safe delivery of Your wine to Your home or business however Laguna Cellar is not responsible for, and will not replace, wine that is damaged during shipment. When the common carrier takes possession of Your wine order, responsibility for the order transfers to You as the purchaser, and in the unlikely event of damage in transit, You are responsible for filing a claim directly with the appropriate third-party transit carrier (e.g., FedEx or UPS.) 3. In the event that You wish to initiate a return prior to shipping, We agree to process the return in exchange for store credit with Laguna Cellar. No cash refund will be issued, and any store credit refunds will be issued less any applicable credit card transaction fees. 4. In the event that You wish to initiate a return after shipping, We reserve the right to issue a store credit, less the original and return shipping fees plus a 30% re-stocking fee, provided that We are satisfied that the same items returned are exactly the items We shipped out, and in a condition identical to when shipment to You occurred. e. Taxes. For each order, We estimate duties, tariffs, taxes, and ancillary fees applicable to Your purchase, and those costs are itemized in addition to the shipping charges. 3. Proprietary Rights.a. The Website is protected by United States and international copyright and trademark laws. Except in connection with the intended operation and function of the Website, no portion of the content or information contained within the Website or content or information delivered as a result of visiting the Website may be reprinted, republished, modified, or distributed in any form without the express written permission of Laguna Cellar. b. All rights not expressly granted by these Terms and Conditions are reserved by Laguna Cellar. 4. Warranty Disclaimer; Limitation of Liability.a. ALL ALCOHOLIC BEVERAGES PURCHASED FROM LAGUNA CELLAR ARE SOLD IN THE STATE OF CALIFORNIA AND TITLE PASSES TO YOU IN CALIFORNIA. Laguna Cellar makes no representation regarding the legal rights of anyone to ship or import alcoholic beverages into any state outside of California. By placing the order, You authorize Laguna Cellar to act on Your behalf to engage a common carrier to deliver Your order. 5. Privacy Policy.At Laguna Cellar we recognize and respect our customers’ right to privacy. We have developed privacy terms to ensure you that the information we collect is only what we need to conduct business and to outline the steps that We take to protect the trust that You have placed in us. HERE is a link to the privacy terms that explain what types of information that We have access to, and Your rights related to such information. 6. General Terms.a. Acceptance of these Terms and Conditions. You will accept these Terms and Conditions by clicking on “Accept,” “I agree” or a similar button when these Terms and Conditions are presented to You as part of accessing this Website and/or placing an order.
2. IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING ARBITRATION PROVISIONS: You and Laguna Cellar agree to resolve any claims arising out of or relating to these Terms and Conditions through final and binding arbitration or, if available, small claims court, and You hereby agree that the venue for any arbitration or litigation shall be exclusively in Orange County, California. The arbitration proceeding shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. |