Terms & Conditions
Welcome to our website - https://www.sotelowines.com for Orixe Sotelo. The terms “Orixe Sotelo”, “https://www.sotelowines.com”, “GSM Wines, LLC”, “Sotelo Wines”, “us”, or “we” refer to the owners of this website. The terms “you”, “your” or “customer” refer to the user or viewer of this website.
General Terms and Conditions
Your use of this website is subject to the following terms of service and conditions of sale (“terms and conditions”). If you do not agree with any of these terms and conditions, do not access or otherwise use this website or any information or materials contained on this site. Your use of this website shall be deemed to be your agreement to abide by each of the terms and conditions set forth herein. These terms and conditions may be updated at any time with or without notice. Your continued use of this website following any such change shall be deemed to indicate your acceptance of any modifications to these terms and conditions.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that our company and any licensor may make improvements or changes in the website content at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws and understand that access to our website may not be legal by certain persons or in certain countries. If any provision of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, all other provisions remain in full force and effect. The failure of our company to enforce any right or provision in these terms and conditions shall not constitute a waiver of such right or provision unless expressly agreed to by our company in writing. The terms and conditions, along with our privacy policy, comprises the entire agreement between you and us and supersede all prior or contemporaneous negotiations or agreements, if any, between the parties regarding the subject matter contained herein. These terms and conditions are personal to you and you may not transfer, assign, or delegate these terms and conditions to anyone without our express written permission. These terms and conditions will inure to the benefit of our company’s successors, assigns and licensors.
Your use of this website and any dispute arising out of such use of the website or these terms and conditions are subject to the laws of the United States and California. You agree to submit to the jurisdiction of courts in the Bay Area in California, for the resolution of all disputes arising from or related to these terms and conditions or your use of the website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or criminal liability. From time to time, this website may include links to other websites. These links are provided for your convenience and do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Sale of Alcoholic Beverages Legal Requirements
We do not sell alcohol to persons under the age of 21 and make every effort to ensure that alcoholic beverages are not delivered to anyone under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.
Errors and Omissions
Occasionally, our listed prices, bottle sizes or quantities may be incorrect. We make every effort to make sure that our product database is accurate, however, in the event any such mistakes occur, we shall be held harmless for any such errors.
Limitation of Liability
In no event shall we or our suppliers be liable for any indirect, punitive, incidental, special, 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 this website, the use or performance of this website, the delay or inability to use this website, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. If you are dissatisfied with any portion of this website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this website.
Privacy Policy
It is necessary for us to collect and store information for sales purposes, billing purposes and age verification. Signing up on our website to be a member or making a purchase of our products constitutes acceptance of this Policy. For purposes of this Policy, “Member Information” includes any data provided by a member when registering to be a member of our mailing list on our website, including but not limited to, a member’s name, email address, purchase history, mailing address, birthdate and credit card number
The security of member Information is very important to us and we are committed to protecting the information we collect. We collect member information only in a manner deemed reasonably necessary to serve our legitimate business purposes and comply with our legal obligations.
Unfortunately, no data transmission or storage is 100% secure. We cannot warrant that all data we transmit, store and collect will be completely secure. We take commercially reasonable efforts to create and maintain firewalls, restricted access and secure socket layers, and other appropriate safeguards to ensure that to the extent we control member Information, it is used only as authorized by us and consistent with this Policy, and that member information is not improperly altered or destroyed. Our privacy protection practices help us maintain accurate, timely, complete and relevant information for our business purposes. Our communication system, software and database practices have been designed to aid us in supporting authenticity, integrity and confidentiality.
What We Do With Member Information
Any information that you provide to Orixe Sotelo through joining our wine club, mailing list, or through an on-line purchase will not be shared or sold to other companies or individuals. All on-line orders placed on our website require a credit card which will be transmitted via secure and encrypted methods. In addition, we use standard security measures to protect the information you give us, but of course cannot guarantee that those measures will always work perfectly. This policy applies only to information collected through the Orixe Sotelo website.
Emails about Special Offers and Promotions and Opt-Out
It is our intention to only send email communications that would be useful to you and that you want to receive. When you provide us with your email address as part of the registration process, we will place you on our list of customers to receive informational and promotional emails about our wines or related products that we believe may be of interest to you. Each time you receive a promotional email, you will be provided the choice to “opt-out” of future emails by following the instructions provided in the email or you can “opt-out” at any time.
States Authorized for Direct Shipment
Due to the ever-changing nature of wine shipping laws, the list of states that we ship to may change at any time. We are able to directly ship wines to most states, except for Alaska, Arkansas, Delaware, Hawaii, Mississippi, Rhode Island, and Utah. If Orixe Sotelo is unable to ship directly to your state, we can discuss other arrangements, however please note, when dealing with a non-direct shipping state, wine prices, discounts, and shipping costs may differ from those quoted by Orixe Sotelo in the initial offering to its members.
Wine is a Delicate Commodity
Wine is a perishable commodity. Wine does not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your wine during shipment. Orixe Sotelo will monitor shipping temperatures and may put your order on weather hold if necessary. If you choose to override any weather holds, Orixe Sotelo is not responsible for, and will not replace wine that is damaged by extreme weather conditions during shipment. When your wine order is picked up by the common carrier for delivery, responsibility for the wine becomes the responsibility of the purchaser.