YOU MUST BE 21 YEARS AND UP TO VISIT THIS SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO USING OUR WEBSITE. YOUR USE OF THIS SITE IN ANY FASHION REPRESENTS YOUR ACCEPTANCE AND ACKNOWLEDGMENT OF THE PROVISIONS SET FORTH BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, AND IF YOU ARE NOT OVER THE AGE OF 21, DO NOT USE THIS WEBSITE.
- DelMesaLiquor.com (hereinafter the “Website” or “Site”) is an online store owned and operated by Del Mesa Liquor, LLC, a California Limited Liability Company (hereinafter “Del Mesa Liquor”). Del Mesa Liquor maintains a retail store located at 6090 Friars Road, San Diego, CA 92108. All sales made under this Website ship from the retail location. In store prices may vary from online prices posted on the Website and Del Mesa Liquor does not price match to its in store retail prices or prices of other competitors. All prices are subject to change without notice. Del Mesa Liquor is not responsible for typographical errors and reserves the right to change incorrect pricing at its sole and absolute discretion. Del Mesa Liquor reserves the right, at its sole and absolute discretion, to revise these terms and conditions at any time. Your continued and ongoing use of the Website following any such changes acknowledges your acceptance of those changes and their applicability to you. If you do not agree with these terms and conditions of use, please do not use this Website. In the event you breach any of these terms and conditions of use, and if you are not over the age of 21, your right to use this Website shall automatically terminate.
2: Del Mesa Liquor ships only to the following states:
FEDEX: Nationwide EXCEPT:
Alabama, Arkansas, Delaware, Kentucky, Mississippi, Rhode Island, and Utah
WE DO NOT SHIP TO P.O. BOXES.
- Purchase of Alcoholic Beverages. By placing your order you have represented to Del Mesa Liquor you are at least 21 years
old and are giving 100% consent to Del Mesa Liquor to charge your credit card for the total amount of your order. You represent to Del Mesa Liquor that all items purchased on the Site are for personal consumption and not for resale. You will be charged sales tax, if any, as may be assessed by your State for the sale of alcoholic beverages; otherwise California sales tax will be assessed on the sale as California charges sales tax for anything sold in this State. You will also be responsible for any local taxes imposed by your State, if any. In the event an item ordered is out of stock, we will notify you via email with information on its next availability. At that time, you may wait for the product to arrive, replace it with another item, or remove it from the order altogether. We will adjust the total payment accordingly. Once an order is placed, any address change request must be made promptly. Del Mesa Liquor will make a good faith effort to accommodate such request but makes no guarantee such address change can be accomplished. All fees and costs associated with an address change request will be passed to the customer.
- Title to Goods. Laws concerning the sale and shipping of alcoholic beverages are complex and vary from State to State. Accordingly, you will be the legal owner of the goods when your order is approved by your credit card company. Title to all alcoholic beverages purchased on this Site pass to you in the State of California when the goods are picked up by the common carrier.
- Shipping Laws. You are responsible for abiding by all State and local laws, rules, and regulations of your State pertaining to the receipt of alcoholic beverages from out of state. You additionally represent you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, and are legally entitled to take possession of the alcoholic beverages. You further represent you are legally entitled to take possession of the quantities ordered, and that you and the person accepting delivery of the alcoholic beverages are at least 21 years of age. By making a purchase on our Site, you are asking us to appoint a common carrier and arrange for transportation on your behalf for the delivery of alcoholic beverages to you. By making use of this service from Del Mesa Liquor, you are representing you are acting in agreement with your local and State laws regarding the purchase, transportation, and delivery of alcoholic beverages. Accordingly, we make no representations or warranties concerning the legal requirements of shipping alcoholic beverages to your State; our Website merely provides a list of those States where common carriers have indicated their willingness to deliver alcohol. As such, you understand and acknowledge you are accountable and liable for compliance with all laws concerning such shipments to your State, and you further agree to indemnify and hold harmless Del Mesa Liquor, its agents, officers, directors, shareholders, and employees, from any and all claims, demands, damages, liability whatsoever, whether in tort, contract, or otherwise, arising out of the shipment of alcoholic beverages to your State, including any and all claims that such shipment may violate any federal, state, or local regulation pertaining to the sale and shipment of alcoholic beverages.
- Change in Shipping Laws. Following the placement of any order, and prior to the goods being shipped, in the event the laws of your State change so as to make it illegal for you to import alcoholic beverages into your State, you may return the order for a full refund, provided however, you have submitted proof to Del Mesa Liquor, and its counsel, of regulations pertaining to such law changes. All returns must be made in accordance with California law and returns across state lines are not permitted. Once an order has shipped, title to the goods has passed to you in accordance with the terms and conditions stated herein and no refund can be issued.
- Once an order is placed and processed by Del Mesa Liquor a tracking number for all shipments will be issued to the customer. While Del Mesa Liquor tries to make every effort to fulfill orders as fast as possible, a typical order can take an average of 1-3 days to ship. However, please allow 8-10 days for delivery. Shipping charges are calculated based on weight, destination, and delivery method. All products delivered must be signed by an adult over the age of 21. Deliveries will not be left “at the front door” or other arrangement without such signature. You are responsible for checking your order immediately upon delivery. Items must be reported as missing or incorrect within five (5) calendar days from the date of delivery. In the event an incorrect item was shipped, you must submit a photo of the sealed bottle in an email to Del Mesa Liquor
- While Del Mesa Liquor takes every precaution to ensure your order is packaged properly and arrives safely, Del Mesa Liquor is not responsible for goods damaged in transit. All orders are shipped in durable boxes and packaged with layers of foam cushioning to protect the bottles. Orders that include original packaging from the manufacturer or contain irregular-shaped bottles may be packed differently, but securely in Del Mesa Liquor’s sound business judgment. During times of bad weather (extreme heat, snow storm etc.), you are responsible for notifying Del Mesa Liquor of any special request to hold and postpone your order. Del Mesa Liquor will not be responsible for any damages whatsoever due to the weather or climate conditions during shipment.
- Limitation of Liability. Del Mesa Liquor will not be liable under any legal theory, whether in tort (including negligence), contract, or otherwise, for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the Website, regardless of whether Del Mesa Liquor has been advised of the possibility of any such damages. DEL MESA LIQUOR RESERVES THE RIGHT TO CHANGE ANY INFORMATION CONTAINED ON THE WEBSITE AT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEBSITE, OR ANY CONTENT CONTAINED THEREIN, DO NOT USE THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST DEL MESA LIQUOR IS TO DISCONTINUE USE OF THE SITE AND DAMAGES AGAINST DEL MESA LIQUOR SHALL BE LIMITED TO THE DOLLAR VALUE OF THE ORDER PLACED BY YOU.
- Disclaimer of Warranties. Every effort has been made to maintain the accuracy of this Website. However, inadvertent factual or typographical errors may exist. Del Mesa Liquor expressly disclaims all liability for any such errors or omissions in any of the information contained on this Website. Accordingly, and without limiting the generality of the foregoing, the information contained herein is provided “AS IS” and without warranty of any kind whatsoever, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for intended use.
- Use of Site. You may view and download material displayed on the Website for your personal, non-commercial use only. You may NOT use, distribute, republish, or post any content of this website for commercial or public purposes without the express written consent of Del Mesa Liquor. Furthermore, you may not modify or interfere with the content or functionality of the Website, or duplicate any content on any other server whatsoever. All materials on this Website are copyrighted and any unauthorized use may violate copyright laws, trademark laws, and other privacy and communications regulations and statutes. You right to use this Website will terminate automatically in the event you breach any of these terms.
- Force Majeure. Neither Party will be deemed to be in default of or to have breached any provision herein as a result of any delay, failure in performance or interruption of service, resulting from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires or other catastrophes or occurrences which are beyond such party’s reasonable control.
- Governing Law; Dispute Resolution. These terms and conditions and the use of this Website by you shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflict of law principles thereof. You irrevocably and unconditionally agree that any legal proceeding arising under or in connection with these terms and conditions or use of the Website will be brought exclusively in the courts of the State of California, County of San Diego.
- If any of these terms and conditions (or any portion thereof) or the application of any such provision (or any portion thereof) to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other persons or circumstances, and the parties shall endeavor to fulfill the intent of the severed provision to the extent permitted by law.
- All captions, titles or section headings of these terms and conditions are for ease of reference only and shall not affect the interpretation or construction of any provisions herein. Wherever the word “including” or “include” shall appear, such term shall be construed to mean “including without limitation” or “include without limitation,” as the case may be.