Terms of Service – Bazán Cellars
Effective Date: June 8, 2025
These Terms of Service ("Terms") govern your access to and use of the website www.bazancellars.com ("Site"), owned and operated by Bazán Cellars ("we," "our," or "us"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
1. Acceptance of Terms
By using our Site, placing an order, or creating an account with us, you agree to comply with and be bound by these Terms, which may be updated from time to time. You are responsible for regularly reviewing these Terms, and your continued use of the Site after such changes constitutes acceptance of those changes.
2. Eligibility
You must be at least 21 years old to make a purchase on our Site. By placing an order, you represent and warrant that you are at least 21 years old.
3. Account Registration
To make purchases or access certain features of the Site, you may be required to create an account. You agree to provide accurate and complete information during the registration process, and to update your account information as needed to keep it accurate.
4. Order Acceptance and Cancellation
We reserve the right to refuse or cancel any orders at our discretion. Some situations that may result in an order being canceled include:
• Errors in product availability or pricing
• Issues with payment authorization
• Shipping restrictions
If your order is canceled, you will receive a full refund.
5. Pricing and Payment
All prices on the Site are listed in U.S. dollars and may be subject to change. Payment for purchases is processed securely through a third-party provider. We accept various forms of payment, including credit cards and other electronic payment methods.
6. Shipping and Delivery
We offer shipping to select locations. Delivery times and fees vary depending on your location. We are not responsible for delays or damages that occur during shipping. All shipping charges are the responsibility of the customer, and any import duties or taxes are also the responsibility of the customer.
7. Returns and Refunds
If you are not satisfied with your purchase, you may contact us within [insert number of days] days of receiving your order to request a return or exchange. Returns are subject to approval and must be in their original condition. Refunds are issued to the original payment method.
8. Intellectual Property
All content on the Site, including but not limited to text, images, logos, trademarks, and other intellectual property, is owned by or licensed to Bazán Cellars and is protected by copyright and other intellectual property laws. You may not use, copy, or distribute any content from the Site without our prior written consent.
9. Prohibited Activities
You agree not to:
• Use the Site for any unlawful purpose
• Violate any local, state, or federal laws
• Attempt to interfere with or disrupt the Site’s functionality
• Upload any harmful or malicious content (e.g., viruses, malware)
10. Privacy and Data Collection
Please refer to our Privacy Policy for information on how we collect and use your personal information. By using the Site, you agree to the collection and use of your personal data in accordance with our Privacy Policy.
11. California-Specific Provisions
a. California Consumer Privacy Act (CCPA) Compliance
As a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), including:
• The right to request access to the personal information we collect
• The right to request deletion of your personal information
• The right to opt out of the sale of your personal information (we do not sell your data)
For more information, please refer to our Privacy Policy and CCPA Notice.
b. California Proposition 65 Warning
In accordance with California Proposition 65, you are hereby notified that some products sold by Bazan Cellars may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. For more details, visit the official California Proposition 65 website: https://oehha.ca.gov/prop65.
12. Dispute Resolution and Arbitration
By using this Site, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, or your use of the Site will be resolved through binding arbitration rather than in court. This includes any claims related to product purchases, intellectual property, or violations of these Terms.
a. Arbitration Agreement
Any dispute or claim will be resolved by arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in the state of California.
b. Class Action Waiver
You agree that any arbitration will be conducted on an individual basis, and not as part of a class action, class arbitration, or representative proceeding.
13. Limitation of Liability
To the fullest extent permitted by law, Bazan Cellars is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, arising from your use of the Site, or any products purchased through the Site.
14. Governing Law
These Terms are governed by the laws of the state of California, without regard to its conflict of laws principles. Any legal actions or proceedings arising out of or in connection with these Terms shall be brought exclusively in the courts located in Napa, California.
15. Changes to These Terms
We may update these Terms at any time, and such changes will be effective when posted on the Site. It is your responsibility to review these Terms periodically to stay informed about any changes. Your continued use of the Site after such changes constitutes acceptance of the updated Terms.
16. Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us at:
Bazán Cellars
Email: info@bazancellars.com
Phone: 707-927-5564