Welcome to our Web site (our “Web site” or “site”), owned and operated by Mercado de Mezcal, together with its subsidiaries and affiliates (which operate as an integrated business, doing business as “mercadodemezcal.com”). By using our Web site YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions) and all of these, as they may be amended from time to time, we may refer to collectively as your “Agreement” with us. The policies that apply in our retail stores may differ from those applicable to your use of our Web site and you should keep in mind these are separate and relate to different locations and platforms. We may refer to anyone using, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our Web site, as “you” or “your” in our Agreement and we may refer to Mercado de Mezcal as “we”, “us” or “our” (or, of course “mercadodemezcal.com”).
ACCEPTANCE OF AND CHANGES TO TERMS OF SERVICE
By using our Web site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our Web site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Web site following the effective date contained in the notification or the posting of such changes on our Web site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement.
If you have questions or concerns about our specific terms, please send an e-mail to firstname.lastname@example.org.
You agree not to do any of the following while using the mercadodemezcal.com Web site or any of our sites:
Intentionally or knowingly violate any applicable law or regulation, agreement that you are bound by – including this Agreement – nor the rights of any other party;
Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
Exceed authorized access, tamper with, or misuse any areas of the mercadodemezcal.com site or mercadodemezcal.com's computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution.
Frame or link to the mercadodemezcal.com Site or any of our other sites, unless permitted in writing by mercadodemezcal.com.
THE SALE OF ALCOHOLIC BEVERAGES
We fulfill all orders through licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor Mercado de Mezcal sell alcohol to persons under the age of 21. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and the retailers that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and they suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from the licensed retailer is over the age of 21. You also agree that any alcohol purchased from the licensed retailer is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and assist in having you prosecuted to the fullest extent allowable by law.
TITLE AND OWNERSHIP
Title to, and ownership of, all alcoholic beverages passes from the retailer to the purchaser at the store, in the State the alcoholic beverage is purchased, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping from that retailer to the state chosen by the purchaser. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us arrange the shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any other State that apply to you and the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, wine. You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and once again represents that he/she is 21 years of age or older.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Web site by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these companies or their services.
Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
All text, graphics, logos, icons, images, audio clips, video clips and software on the site ("Content") are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by an officer of Mercado de Mezcal, you may not use any Content without our prior written consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or the copyright owner. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Web site or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
"Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.
Please select Print, and select your printer to retain a copy. If you do not have a printer, you can copy the text of this Disclosure and the underlying agreements and paste the text into a new document in a word processor or a text editor on your computer and save the text.
System Requirements to Access Information
To receive and view an electronic copy of the Communications you must have the following equipment and software:
A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.
System Requirements to Retain Information
To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text of this Disclosure and the underlying agreements and paste the text into a new document in the word processor or text editor and save the text.
Withdrawal of Electronic Acceptance of Disclosures and Notices
You can also contact us in any of the ways described in the paragraph entitled "Paper Delivery of Disclosures and Notices" to withdraw your consent to receive any future Communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we will terminate your use of the site and the services provided through the site.
Termination / Changes
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
DISCLAIMER OF WARRANTIES
Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of the our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the our site. OUR SITE AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or the alcohol brand and/or retailers who fulfill your orders, be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Web site, this Agreement, the use or performance of our Web site, the delay or inability to use our Web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Web site, or otherwise arising out of the use of our Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion of our Web site, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Web site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
You agree to defend, indemnify, and hold Mercado de Mezcal, its affiliates, employees, officers, directors and agents and alcohol brand owners and licensed retailers which fulfill orders (“Mercado de Mezcal Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Mercado de Mezcal Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Mercado de Mezcal Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Mercado de Mezcal Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Mercado de Mezcal Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Mercado de Mezcal Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Mercado de Mezcal Party.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Your receipt of an electronic or other form of order confirmation does not signify an acceptance of your order, nor does it constitute confirmation of an offer to sell. The licensed retailer fulfilling your order reserves the right at any time after receipt of your order to accept or decline your order for any reason.
All sales made through our Web site are subject to our return policy. Alcohol products sold via the mercadodemezcal.com site are not eligible for return, and all sales are final, subject to the limitations set forth in our Return Policy. For a complete description and explanation of our return policy, please see the section about Returns in our Customer Service section.
We reserve the right to reject any order you place with us and/or or to limit quantities in any order, without giving any reason or for no reason, if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail and/or billing address you gave us when you placed the order.
ORDER LIMITATIONS/LIMITED QUANTITIES
We and/or the licensed retailers may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place via the mercadodemezcal.com site. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We and/or the licensed retailers that fulfill your orders reserve the right to limit or prohibit sales to dealers.
All orders placed on our site are subject to product availability and will be shipped according to Mercado de Mezcal’s shipping policies. In the event your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Please review the Shipping Information portion of our Customer Service section for additional information on shipping times, rates and policies.
ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
MOBILE AND MOBILE APPS
mercadodemezcal.com may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as We have no control, and are not responsible for such charges.
You agree that for the functions or services which are part of your registration with mercadodemezcal.com, We may send communications to your mobile device regarding the functions or services you have registered to be able to use on mercadodemezcal.com. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.
TERMINATION OF USE
We may terminate your mercadodemezcal.com Account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. Us reserves the right to change, suspend or discontinue all or any aspects of the Us Web site at any time without prior notice.
We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
CHOICE OF LAW; ARBITRATION; AND CLASS ACTION WAIVER.
The internal laws of the State of Connecticut, without regard to any otherwise applicable choice of laws principles, shall govern any action related to these Terms of Service, the use of the mercadodemezcal.com site or the Mercado de Mezcal business.
AGREEMENT TO ARBITRATE
In the event of a dispute between you and us arising under or relating to the mercadodemezcal.com site or the Mercado de Mezcal business, you hereby acknowledge and agree that by using the mercadodemezcal.com site, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. THIS MEANS THAT NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE OR CLAIM IN COURT OR TO HAVE A JURY TRIAL.
YOU ACKNOWLEDGE AND AGREE THAT DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
CLASS ACTION WAIVER
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS THAT NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER INDIVIDUALS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.