Terms of service
CASA NATIMA US,
LLC Terms of Service
This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and Casa Natima US, LLC (“Company”). These Terms govern your use of Company’s website available at laeliatequila.com (the “Site”) and the promotion of one of its brands, Laelia Tequila and ecommerce capabilities related thereto, and all Products purchased therefrom, available through the Site (together with the Site, the “Services”). The Services are licensed, not sold, to you.
BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) REPRESENT THAT YOU ARE 21 YEARS OF AGE OR OLDER; AND (D) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE COMPANY PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.
Subject to these Terms, Company grants you a limited, non-exclusive, and nontransferable license to use the Site and Services for your personal, non-commercial use on devices owned or otherwise controlled by you and to use the Services strictly in accordance with these Terms.
2. Modification to these Terms and the Services.
Company may, at its sole discretion, change these Terms, including the Company Privacy Policy, from time to time. If changes occur, we will notify you by posting an updated version on the Site. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.
Additionally, Company reserves the right to modify, suspend, or discontinue the Services, whether temporarily or permanently at any time for any reason. You agree that Company shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to Site in order to continue to use the Services. Company may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate users without notice or liability.
3. Communications
General Communications: You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.
SMS/Text Messaging: By consenting to Company’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Company through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Company. Your participation in this program is completely voluntary.
You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of Company’s SMS/text messaging service at any time. Text the single keyword command STOP to +18885994910 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Company mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Company’s SMS/text messaging service support or assistance, text HELP to +18885994910 or email hola@laeliatequila.com.
We may change any short code or telephone number we use to operate Company’s SMS/text messaging service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by Company’s SMS/text messaging service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through Company’s SMS/text messaging service, any errors in such information, and/or any action you may or may not take in reliance on the information or Company’s SMS/text messaging service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
4. Company Account
You may access the Site without registering for an account, but as a condition of using certain aspects of the Services, you may be required or prompted to create an Company account (an “Account”). You are solely responsible for maintaining the confidentiality of your Account credentials, such as usernames, passwords, two-step authentication codes, or similar, and for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known Account-related security breach, you must report it to Company immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. Payment.
While we may offer portions of the Services for free, we do charge for certain features of the Services, including, without limitation, when you purchase any of our products, merchandise or other goods on or through our Site (“Products”). As part of our Services, including but not limited to the processing of orders for certain Products, use third-party service providers (each a “Third-Party Provider”), for the purchase and sale of alcohol Products through our Site. Any use of a site, service, or purchase of any products or services, on or in connection with any Third-Party Provider is subject to that third-party’s terms and conditions, and will be treated as Third-Party Materials hereunder. We are not responsible nor liable for any purchase made through or any interaction with Third-Party Materials made available to you on the Services. For your convenience, we use AccelPay to process payments and handle other key components of post-purchase transactions and activities from our Site as a Third-Party Provider. For information about terms specific to AccelPay, please see the Supplemental Terms outlined below.
For any payments made on our Site, these payments are final and non-refundable. Company, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged. Company will charge, and you authorize Company to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. In order to purchase Products on or through the Services, you may create an Account or check out as a guest. However, you acknowledge that even without creating an Account, Company and its Third-Party Providers have to collect information in order to process the purchase; for example, collecting your shipping address. For more information about our Third-Party Providers and the purchase process for any of our Products through the Site, please see our Supplemental Terms section below.
Company reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all Products obtained through the use of the Services at any time. Regardless of the cause, Company reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes. Service fees (including additional fees and surcharges to help offset specific costs), priority fees, direct-to-consumer shipping fees, long distance fees, alcohol service fees, heavy order fees, special handling fees, taxes and/or tips may still apply.
You may have the option to order alcohol Products in some locations and from us through Third-Party Providers we partner with. Any link to, integration with, or connection with such parties are all considered Third-Party Materials. In the purchase of any alcohol Products, you agree, in addition to agreement of any terms and conditions of Third-Party Providers related to Third-Party Materials, that you will comply with all applicable laws and not cause us nor any Third Party Provider to contravene any applicable laws. If you order alcohol Products through the Services, you agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older in the United States). You also agree that, upon delivery of alcohol products by the Third-Party Provider, the recipient will provide to the Third-Party Provider valid government-issued identification proving their age, and that Third-Party Provider may scan this identification and may require a signature from the recipient. You also agree that the recipient will not be intoxicated when receiving delivery of alcohol Products, and that you will not purchase alcohol with the intent to resell or provide it to someone who is not of legal drinking age. If the recipient is unable to present valid photo identification upon delivery, does not follow the rules or instructions in accordance with the terms of the Third-Party Provider, or otherwise comply with these Terms, your order can be cancelled at our or our Third-Party Provider’s discretion. You agree that if any applicable legal requirements for the delivery of alcohol are not met, we and our Third-Party Providers reserve the right to cancel the alcohol-related portion of your order. End Users who purchase alcohol through the Services for delivery by Third Party Providers within the State of Hawaii acknowledge that IT IS ILLEGAL: (1) FOR A PERSON UNDER 21 YEARS OLD TO PURCHASE OR CONSUME LIQUOR, (2) TO USE FALSE IDENTIFICATION TO OBTAIN LIQUOR, (3) TO USE ANOTHER PERSON’S IDENTIFICATION TO OBTAIN LIQUOR, OR (4) TO PURCHASE LIQUOR FOR A PERSON UNDER 21 YEARS OLD. (Sections 281-78 & 101.5, Hawaii Revised Statutes).
Any purchase of any Products shall be subject to shipping and delivery terms of the applicable Third-Party Provider.
6. License Restrictions.
You shall not:
(a) use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
(b) use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
(c) copy any portion of the Services, except as expressly permitted by this license;
(d) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
(e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
(f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
(g) rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
(h) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
(i) directly or indirectly take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company or its Third-Party Providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services; or
(j) create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account.
If for any reason, Company determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
7. Reservation of Rights.
You acknowledge and agree that the Services, including the Site, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Services and Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. Notwithstanding the foregoing, you may retain rights in the Products you purchase on or through the Services, but will not have any rights in or to any patents, copyrights, trademarks (together with the goodwill symbolized thereby), trade secrets, know-how, and other confidential or proprietary information, and other intellectual property rights (collectively “Intellectual Property Rights”) incorporated in or through any Products purchased.
8. Content and User Content
Through the Services, or via other users, Company may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Materials”). You have no rights in or to the Materials other than as permitted herein to use or access the Services.
You retain your rights to any Content you submit, post or display on or through the Services (“User Content”). Company does not receive any rights to the User Content except for the limited rights that enable Company to offer its Services. Company requires your permission to host, back up, and share User Content. You hereby give Company permission to do these activities, and this permission extends to our affiliates and trusted third parties with which Company works.
When you post or share anything, including User Content, about our Products or Services (“Content”), you are subject to the following guidelines, and you may not:
· encourage or condone underage drinking, drunk-driving, illegal, irresponsible, or excessive consumption of alcoholic beverages.
· glorify the alcohol strength or intoxicating effect of a drink.
· present abstinence or moderation in any negative way.
· show people who appear to be drunk or in any way imply that drunkenness is acceptable.
· feature any people who are or appear to be under twenty-one (21) years of age.
· post any Content containing themes or images appealing to children, including Santa Claus.
· associate a drink with performance, sexual, or social success.
· suggest any association with violent, aggressive, dangerous, or anti-social behavior.
· post any Content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, in our sole discretion.
· post any Content that promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· post any Content that infringes any patent, trademark, trade secret, copyright, or other Intellectual Property or Rights of any other person.
· post any Content that violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that may otherwise conflict with this policy.
· post any Content that would be likely to deceive any person.
· post any Content that promotes any illegal activity or advocates, promotes, or assists any unlawful act.
· post any Content that impersonates any person or misrepresents your identity or affiliation with any person or organization.
· post any Content involving commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
9. Collection and Use of Your Information.
You acknowledge that when you use the Site, Company uses automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the Company Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Company Privacy Policy.
10. Geographic Restrictions.
The Materials, Products, and Services are based in the United States and, although affiliated with our affiliate company, Grupo Solave SE de CV, located in the country of Mexico, but are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
11. Updates.
Company may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.
12. Third-Party Materials.
The Services may display, include, or make available third-party Materials (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
13. Term and Termination.
The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this section. You may cancel your Account at any time through your Account settings. We may suspend or cancel your Account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, you violate our usage guidelines, your Account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. Company reserves the right to remove your account information along with any account settings from our servers with NO liability or further notice to you. Upon termination of your account. your license to use Company’s Services terminates.
14. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID OR PAYABLE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Indemnification.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
18. US Government Rights.
The Services are a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
19. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and our Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Harris County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. Assignment.
You shall not assign, transfer, delegate or subcontract any of its rights or delegate any of its obligations under these Terms without the prior written consent of Company. Any purported assignment or delegation in violation of this section shall be null and void.
21. Notices.
All notices, requests, consents, claims, demands, waivers and other communications under these Terms (each, a "Notice", and with the correlative meaning "Notify") must be in writing and addressed to the other party at, in your case, associated with your Account, or in our case, provided in the Contact section below. Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail, or email (in each case, return receipt requested, postage prepaid).
22. Entire Agreement.
These Terms, our Privacy Policy, and any statements or rules on the Services on your date of access constitute the entire agreement between you and Company with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.
23. Force Majeure.
Company shall be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts beyond Company’s reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, hurricane, pandemic, endemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Company.
24. Waiver.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.
25. Waiver of Class Action.
You agree that any action, claim, or other legal proceeding shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive you right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST Company ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
26. Contact. If you have any questions regarding these Terms, please contact us at Hola@laeliatequila.com.
27. Supplemental Terms. We use a Shopify as a Third-Party Provider to host our Site. Further, we use AccelPay to facilitate, process purchases of, and provide you support for, the purchase and shipment of our Products. We may work with other Third-Party Providers, like GoPuff, through the AccelPay network or otherwise to facilitate these transactions at our sole discretion.
AccelPay Terms:
· Terms:
o Orders for delivery in USA
o If you have ordered one of the Products for delivery to an address in the USA, your order will be handled by licensed, third-party retailers in the AccelPay network, and your transaction will be facilitated through those retailers. AccelPay’s Privacy Policy, Terms of Use, ecommerce and payment terms and any other terms and conditions set forth by AccelPay apply to any purchase you make via AccelPay and are between you and the third-party retailers in the AccelPay network.
o For your reference, please find AccelPay’s Terms of Service, which include information about any orders you make from them, at the following hyperlink: https://www.accelpay.io/company/legal. PLEASE REGULARLY CHECK THE ACCELPAY WEBSITE TO VIEW THE THEN-CURRENT ACCELPAY TERMS.
· Shipping:
o Orders only fulfill to the continental US only.
o Please note we cannot ship to a PO Box.
o Orders are fulfilled in 3-5 days. Standard delivery can take another 3-8 business days, depending on location. Your product will be delivered straight to your door and any order containing alcohol will require an adult signature and ID check upon delivery.
o Who will ship my product? Our product is being shipped by a 3rd party partner (AccelPay's retailer network).
o Orders containing alcohol are fulfilled by licensed 3rd party retailers in the AccelPay
network. Retailers use a variety of fulfillment carriers including GLS and UPS.
o If your order contains both alcohol and merchandise, they will be sent in separate shipments.
· Refunds:
o Can I change my order? Unfortunately, orders cannot be edited after they are placed. If you need to cancel your order, please email support@accelpay.io before the order ships.
o Can I return my order? Orders that contain alcohol cannot be returned or exchanged. If you received the wrong item in your order, please email support@accelpay.io and we will make it right.
o Can I cancel my order? Orders may be requested to be canceled until they are shipped. A request to cancel does not guarantee cancellation. Please send requests to support@accelpay.io.
o Can I get a refund? We can process refunds on a case by case basis. Please send us a photo of the damaged or incorrect shipment to support@accelpay.io.
o What happens if my order arrives damaged? If your order arrives damaged, our team will work to make it right! Send us an email support@accelpay.io with a photo of the damaged order and we will coordinate a reshipment within 3 business days.
· Delivery:
o Delivery Attempts: Our delivery service will make up to three attempts to deliver the package to the intended recipient at the provided address.
o Undeliverable Package: If the package remains undeliverable after three delivery attempts, it will be deemed “undeliverable” and returned to the retailer.
o Recipient Responsibility: The recipient of the undeliverable package will be responsible for paying the following fees:
§ If a refund is requested, the recipient would be charged an Undeliverable Package Fee, a flat fee of $25, which will be deducted from their refund.
§ Original shipping cost is non-refundable.
§ If a Reshipment is requested, a flat fee of $40 will be charged to cover both the reshipment and the undeliverable package fee.
§ Other fees may apply due to order contents.
· For more information about AccelPay’s support terms, cancellation and refund policies, delivery procedures, and more, please reference the AccelPay Support Docs: Support Processes & Protocols.
For more information about AccelPay and the full terms and conditions, please visit their website at https://www.accelpay.io/.
The Site is owned and operated by Casa Natima US, LLC for our brand Laelia Tequilla (“Laelia”). The Site contains links to purchase alcohol products via independent, third-party retailers in the Paiseh, Inc. (“AccelPay”) network. We nor this Site is indirectly or directly involved in any sale of alcohol between you and licensed beverage alcohol retailers.
Terms & Conditions of Sale
This Terms & Conditions of Sale section (together with the documents referred to on it) tells you the terms and conditions on which AccelPay facilitates the sale of any of the distilled spirits products (“Products”) listed on our Site to you. Please read these terms and conditions of sale carefully before ordering any Products. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions of sale. Please understand that if you refuse to accept these terms and conditions of sale, you will not be able to order any Products.
Orders for delivery in USA
If you have ordered one of the Products for delivery to an address in the USA, your order will be handled by licensed, third-party retailers in the AccelPay network, and your transaction will be facilitated through those retailers. AccelPay’s Privacy Policy, Terms of Use, eCommerce and payment terms and any other terms and conditions set forth by AccelPay apply to any purchase you make via AccelPay and are between you and the third-party retailers in the AccelPay network. We do not accept any responsibility for delivery of orders of Products within the USA.
For your reference, please find AccelPay’s Terms of Service, which include information about any orders you make from them, at the following hyperlink: Accelpay Legal | Privacy Policy | Terms and Conditions. PLEASE REGULARLY CHECK THE ACCELPAY WEBSITE TO VIEW THE THEN-CURRENT ACCELPAY TERMS.
Refund Policy
If you are an adult over the age of 21, you may make an offer to purchase alcoholic beverages or associated non-alcoholic merchandise (the “Products”) using the Sites from the Licensed Retailers. Prices displayed on the Sites reflect the prices determined by the Licensed Retailers that we partner with. Licensed Retailers may choose to accept or reject any offer to purchase the Products due to lack of availability, inability to verify your age, or any other reason. If your offer to purchase the Products is declined in full or in part for any reason, you will receive a refund for any portions of your order that are declined by the Licensed Retailer.
Licensed Retailers are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Website, (b) setting the purchase price of all products made available for sale via the Site, (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders either directly or through a third party shipping company, if applicable. AccelPay, Inc. and Laelia shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.
Unless otherwise indicated at the time of your purchase, shipping and handling fees are NOT included with your order and such fees will be added on to the price of your purchased products. Shipping dates and/or arrival times given are only estimates. Refunds are at the sole discretion of Laelia, AccelPay, Inc. or its third-party retail partners.
The Products purchased from the Site will be fulfilled by third party partners. As a result, title and risk of loss or damage for such products will pass to you upon our delivery to the carrier.
Packages cannot be sent to PO boxes or local carrier locations. Orders that are placed and addressed to these locations will be rejected and refunded.
All deliveries must be signed for by an individual who is capable of proving that he or she is 21 years of age or older by providing a valid form of identification at the time of delivery. If there is no individual 21 years of age or older to accept the delivery, the delivery will not be able to be completed at that time. After three failed delivery attempts, the package will be returned to the retailer. You will be required to pay an additional re-shipping fee of $25 in order to receive the package. Refunds for packages – and the associated shipping costs – that are returned to the retailers due to failed delivery attempts are at the discretion of the retailer.
We recommend that if there is a possibility an individual 21 years of age or older is not available to sign for your package, you should contact your carrier and request the tracking number be routed to a local location that allows for package pick ups. We reserve the right to refuse delivery for any reason. Packages cannot and will not be left unattended for any reason. Laelia, AccelPay, and its retail partners do not accept responsibility for any packages that are unable to be delivered due to issues with the delivery address that you provide for your order.
Last Update: May 22, 2025
LAELIA
TEQUILA
Email: hola@laeliatequila.com
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