exact TERMS AND CONDITIONS

Overview

Mezcalero Club LLC (“Maguey Melate”) is the owner of www.magueymelate.com (the “Website”). By using this Website you acknowledge that you have read, understood and agreed to be bound by these Terms of Service (the “Terms of Service”). If you do not accept these Terms of Service, do not use the website or service.

The Sale of Alcoholic Beverages

Maguey Melate does not sell alcohol to anyone under the age of 21. By using this Website you are representing that you are over the age of 21. Any alcohol purchased through this website or the mobile app must be shipped to someone over the age of 21. The shipping carrier will require proof of age for any shipment containing alcohol.

The Shipment of Alcoholic Beverages

Maguey Melate, LLC partners with a retailer with a valid retail liquor license in Washington DC. Maguey Melate will ship alcohol to other states if UPS or FedEx agree to ship alcohol to that state with age verification upon delivery. An adult must be available with proof of age to accept delivery of any shipment containing alcohol. The carrier will make three attempts to deliver the package to you before returning the package as unclaimed. You will be responsible for any additional shipping if you would like the product redelivered.

On-demand products take usually up to one week to fulfill and the date of the next shipment is listed on the bottom of the website. Subscription club boxes and clubmini boxes have scheduled ship dates. We will send an email at least one week before announcing the ship date and we will solicit for any address changes or vacation holds (we can wait to ship your box if you are out of town) which do not come with a fee. After making a purchase, the customer can request us to change the address, re-direct to a hold location, or post pone the shipment for up to 4 months and so long as we are notified 48 hours before the ship date, the change is free. Within 48 hours of shipping or once the package is en route, most changes will incur a fee between $12-22 paid by the customer unless Melate or UPS is at fault in any way. 

We highly recommend using UPS My Choice for receiving live alerts about your shipment. We also highly recommend shipping to an office or residence with front desks or UPS hold locations.

It is your responsibility to know whether you may receive shipments from out-of-state Retailers. Maguey Melate makes no representation as to any laws, rules or regulations regarding the sale, service, transportation or delivery of alcoholic beverages to you. Maguey Melate agrees to refund 100% of the contents if a package does not arrive due to restrictions within that state.

The purchaser of any alcoholic beverages from this site is representing that he or she is acting in compliance with his or her local and state laws regarding the purchase, transportation, and delivery of alcoholic beverages. The purchaser represents that he or she has obtained any required permits and/or permission, paid any required taxes and/or fees, is working through properly licensed intermediaries where required, is legally allowed to take possession of alcoholic beverages, and is legally entitled to take quantities ordered. Ownership for any product sold on this site passes to buyer upon our delivery to UPS or other common carrier. We make no representation to the legal rights of anyone to ship or import alcoholic beverages into any state outside California.

The laws regarding the shipment of alcoholic beverages between state lines are complex and constantly changing. Maguey Melate is unable to make any representation that the shipment of alcohol to any given state is legally permissible. Maguey Melate makes every effort to comply with state laws regarding the shipment of alcohol and may be required to cancel a shipment without advanced notice. A full refund will be provided to you if a shipment is cancelled by Maguey Melate. Unfortunately, state and federal law do not allow customers to return alcohol from outside of Washington DC. Thus all sales are final. Please contact customer service at [email protected] if you have any problems with your order.

Payment, Subscription, and Cancellation Terms

By placing an order you agree to allow Maguey Melate to immediately charge your credit card for the order amount. If you are purchasing a subscription, you authorize Maguey Melate to charge your credit card for the subscription price on the first of even months until the subscription is cancelled. The subscription plan you choose will auto renew at the same price unless we clearly communicate otherwise.

The deadline to cancel your next box is the 20th of even months. After the 20th, you are committed to receiving your next box and then your membership automatically cancels thereafter. That said, we often provide 2 days leeway on this date since we do not send automated reminders of upcoming renewals and want to be fair. If you absolutely do not wish to receive the next box and the deadline has passed, reach out to us to see about a partial refund at [email protected]

Returns and Damaged Items

If a bottle is broken, we will replace it or offer a refund. Please take photos of the damaged product immediately before opening further, email us at [email protected],  and we will take great care of you! Unfortunately, we cannot accept returns due to complicated laws regarding shipping, state taxes,  and restocking alcohol. If something is not satisfactory, contact us and we will find a fair resolution.

Cookies

Cookies are delicious. They are also something that we use on our Website. We employ the use of cookies. By using the Website you consent to the use of cookies in accordance with Mezcal Melate’s privacy policy. Most modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our advertising partners may also use cookies.

Intellectual Property

Unless otherwise stated, Mezcal Melate owns the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may view and/or print pages from the Website or Mobile App for your own personal use subject to restrictions set in these terms and conditions. However, you may not: republish, reproduce, duplicate, copy or redistribute any info from the Website without our permission.

User Reviews and Comments

Certain parts of the Website offer our users an opportunity to post reviews and comments (the “Comments”) of the products we sell. Maguey Melate does not screen or edit any Comments prior to their appearance on the Website. These Comments do not reflect the views or opinions of Maguey Melate. These Comments reflect the view and opinion of the person who posts such review or opinion. To the extent permitted by applicable laws Mezcal Melate shall not be responsible or liable for the Comments s or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

Mezcal Melate reserves the right to monitor all Comments and to remove any which it considers in its absolute discretion to be inappropriate, offensive, in poor taste, misleading, or otherwise in breach of these Terms of Service. You hereby grant to Mezcal Melate a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Links to our Site

If you are interested in linking to our website, you must request permission by sending an e-mail to [email protected]

Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

General Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of our Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Miscellaneous

Washington DC law shall govern the interpretation and enforcement of these Terms of Service notwithstanding any conflict of laws statutes. The proper venue for any legal actions pertaining to these Terms of Service shall be the County of Washington DC.

 

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