Terms and Conditions

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 Website

    a. 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 Orders

    a. 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.

      1. The shipping schedule for Your order may be impacted by the weather conditions at the location of shipment or the location that Your order is shipped to. If there is a risk of heat exposure, or other inclement weather, We will not ship out Your order until the weather improves. In such weather-related event, We permit storage of orders in our temperature/humidity controlled cellar for up to 6 months (free of charge), however after 6-months of storage we will charge $100 per case, per month for storage.

      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.

      1. Laguna Cellar has a no-refunds 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.

    b. We do not manufacture or control any of the products or services offered on Our Website. The availability of products or services through Our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, We do not provide any warranties with respect to the products or services offered on the Website.

    c. THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, DATA AND OTHER CONTENT CONTAINED WITHIN IT AND ALL INFORMATION, IS PROVIDED “AS IS” AND “AS AVAILABLE.” LAGUNA CELLAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY LAW, LAGUNA CELLAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, HYPERLINKED WEBSITES, AND ANY THIRD PARTY SERVICES.

    d. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE ORDER YOU HAVE ORDERED THROUGH OUR WEBSITE. LAGUNA CELLAR, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, ANY INFORMATION, DATA OR OTHER CONTENT CONTAINED WITHIN THE WEBSITE, ANY INFORMATION, DATA OR OTHER CONTENT DELIVERED AS A RESULT OF VISITING THE WEBSITE, OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR A BREACH OF THESE TERMS AND CONDITIONS BY LAGUNA CELLAR IS TO STOP USING THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LAGUNA CELLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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.

    b. Entire Agreement. These Terms and Conditions are the entire agreement between You and Laguna Cellar pertaining to the subject matter of these Terms and Conditions. It supersedes all prior written and oral statements, including any prior representation or statement.

    c. Modification of this Agreement. Laguna Cellar will post notice of any revised version of these Terms and Conditions on the home page of the Website a minimum of 15 days prior to the effective date of the new or modified version of these Terms and Conditions. Your continued use of this Website indicates an agreement to be bound by the revised Terms and Conditions.

    d. No Waiver. The observance of any provision of these Terms and Conditions may be waived only with the written consent of You and Laguna Cellar. The failure by either party to enforce any rights under these Terms and Conditions is not a waiver of such right then or in the future.

    e. Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision of these Terms and Conditions will be enforced to the maximum extent permissible so as to effect the economic and business intent of the parties, and the remainder of these Terms and Conditions will continue in full force and effect.

    f. Transfer of Rights. You do not have the right to assign, transfer or sublicense these Terms and Conditions including, without limitation, any rights to use the Website. Any unauthorized attempt to assign, transfer or sublicense is void. Laguna Cellar has the right to assign, transfer and sublicense these Terms and Conditions without restriction and in its sole discretion.

    g. Dispute Resolution.

      1. Before initiating any legal proceeding, You agree to report Your issue or concern to Laguna Cellar. You agree to negotiate with Laguna Cellar in good faith to resolve Your issue or concern. Either You or Laguna Cellar may initiate a legal proceeding if Your issue or concern is not resolved within 45 days of receipt by Laguna Cellar.

      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.

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