Terms & Conditions

 

  1. Overview

These terms and conditions (“Terms”) are entered into between you (“you” and “your”) and Navarro Online LLC (“Navarro’s,” “we,” “our,” or “us”). These Terms govern your access to and use of the Navarro’s website at www.navarroswine.com and any goods and services offered on or through the website (the “Site”).

By using the Site, you agree to be bound and abide by these Terms. Navarro’s may terminate your ability to use the Site without notice if you do not comply with the Terms. If you do not agree to these Terms, you must not access or use the Site.

Navarro’s reserves the right to make changes to the Site and to the Terms at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms means that you accept and agree to the changes.

All Information (as defined in our Privacy Policy) that Navarro’s collects on this Site is subject to our Privacy Policy posted at the Site here. By using the Site, you consent to all actions we take regarding your Information in compliance with the Privacy Policy. The Privacy Policy is incorporated into and governed by these Terms. To the extent there is a conflict, the Terms supersede the Privacy Policy.

All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Navarro’s’ knowledge.

  1. Prohibited Users

By using this Site, you represent that you are located in the United States and are at least 21 years of age.  All other prospective users are prohibited.  You represent that you have the legal authority and legal right to use the Site and conduct transactions as described in these Terms.

Products purchased at Navarro’s are for personal use only. By placing an order, you certify that you are purchasing products for personal use only and not for resale of any kind. We reserve the right to refuse orders for any reason and without explanation.

Navarro’s may restrict Site access to any user whom Navarro’s believes is not of legal age or is unable to purchase products legally, because the user has violated the Site’s Terms, or at its own discretion for no reason at all.

  1. Purchases and Subscriptions

The price for all products is listed on the Site. Availability is subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which you agree to pay upon ordering. Navarro’s reserves the right to charge service fees or additional fees.

Some state laws may regulate product availability, set product purchase limitations, or otherwise restrict purchases and shipping, which could affect our ability to fulfill order requests. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order.

Billing for subscriptions takes place at the time of purchase for the first delivery and then on the first day of each month for each scheduled delivery for the duration of the subscription.  Additional details about subscriptions including the frequency and content of shipments are found on the subscription page of this Site.  We will update the subscription page if there are changes to our subscriptions, which may affect shipment contents and frequency.

  1. Order Confirmation and Delivery

Your receipt of an order confirmation (in electronic or any other form) does not signify our acceptance of your order, nor does it constitute an offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason.  We reserve the right to deny any purchase we determine as a high risk of fraud, including but not limited to any orders made by or through the use of any robot or other automatic device or software.

By placing an order on the Site, you represent to us that you are 21 years of age or older and are in the United States.  A signature by an adult at least 21 years of age is required on delivery of all shipments.  You agree and consent to our age verification process, including proof of age at delivery.

Due to weather conditions or other factors, it may not be possible for us to deliver certain subscription or individual order shipments.  For example, we may not be able to ship wine during some summer months when wine quality may be affected by exposure to high temperatures for a prolonged period.  We are not responsible for delays or cancellation of shipments for any reason.

  1. Returns and Refunds

We may accept returns and issue refunds in our sole discretion and in accordance with state law, which in some cases prohibits us from accepting returns of alcoholic beverages. Please contact customerservice@navarroswine.com within thirty (30) days of delivery to request a refund and indicate if the products arrived broken, corked, or otherwise damaged.  

  1. Account and Subscription Registration

To access portions of the Site, place orders, and to register as a member for subscriptions, you will be asked to provide Information about yourself. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. Navarro’s can terminate your registration at any time for any reason.

Details about what is included in subscriptions are on the Site.  Your Navarro’s’ subscription may be canceled at any time by accessing your account on the Site or by contacting us at customerservice@navarroswine.com.

  1. Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your user name and password for account access (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Navarro’s immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Navarro’s reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Navarro’s’ opinion, you have violated any provision of these Terms.

  1. Intellectual Property

The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Navarro’s or its licensors and are protected by copyright, trademark, and other intellectual property laws, except as indicated below.

The Navarro’s name and related logos are trademarks and service marks (“Marks”) of Navarro’s. Marks may not be used without advance written permission of Navarro’s, including in connection with any product or service that is not provided by Navarro’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Navarro’s. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Navarro’s as described in Section 21.

  1. Limited License

Navarro’s grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content as an informative resource while using the Site and to engage in transactions on the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Site Content without prior permission of Navarro’s is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not:

  • Use the Site in any way that violates any applicable law or regulation.
  • Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms.
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Impersonate or attempt to impersonate Navarro’s, a Navarro’s employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Navarro’s, may harm Navarro’s or users of the Site or expose them to liability.
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Navarro’s’ prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Make a purchase or attempt to make a purchase using any robot, spider, or other automatic device, software, process, or application.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  1. Third-Party Content

This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Navarro’s. Navarro’s is not responsible for the content or accuracy of any materials provided by any third parties.

  1. Links to Other Web Sites

Navarro’s may provide links to external websites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Navarro’s does not control those websites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third-party sites linked from this Site, you do so entirely at your own risk and subject to the terms of use and the privacy notice for such sites.

  1. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONDUCTING TRANSACTIONS RELATED TO IT ARE AT YOUR SOLE RISK. WHILE NAVARRO’S ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE AND PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS-IS” BASIS. NAVARRO’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED OR REGARDING THE PRODUCTS SOLD ON THE SITE. NAVARRO’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THE FOREGOING DISCLAIMERS APPLY TO THE EXTENT PERMITTED BY LAW.

YOU UNDERSTAND THAT NAVARRO’S CANNOT GUARANTEE THE ACCURACY OR AVAILABILITY OF PRODUCTS OR PRODUCT DESCRIPTIONS ON THE SITE (INCLUDING PRICING, PRODUCT IMAGES, AND INDICATIONS OF AVAILABILITY) AS AVAILABILITY AND PRICE MAY VARY AND THE PARTICULAR TECHNICAL SPECIFICATIONS AND SETTINGS OF YOUR COMPUTER AND ITS DISPLAY COULD AFFECT THE DISPLAY OF PRODUCT COLORS.

  1. Limitation of Liability

NAVARRO’S, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ANY SITE FOR WHICH IT PROVIDES LINKS, OR ANY PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PURCHASING ALCOHOL). YOUR SOLE REMEDY UNDER THESE TERMS IS TO STOP USING THE SITE. NAVARRO’S WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

NAVARRO’S’ MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, PRODUCTS, SERVICES, OR SITE CONTENT, WILL NOT EXCEED $100. The limits in this section apply to the extent permitted by law.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Navarro’s, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third-party claims, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your order of any Products, or your use of the Site, including, but not limited to, your content, any use of the Site Content, services, and products other than as expressly authorized in these Terms.

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS SOLD ON THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Navarro’s for which monetary damages alone would not be an adequate remedy and Navarro’s shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

  1. Waiver and Severability

No waiver by Navarro’s of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Navarro’s to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  1. Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Navarro’s with respect to the Site and products sold on it and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

  1. Term and Termination

These Terms will remain in full force and effect while you use the Site and until terminated by Navarro’s. After termination, the provisions of these Terms that by their nature are intended to survive will remain binding on you, including Sections 1, 2, 8, 12–21 and the Privacy Policy.

You agree that Navarro’s, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

  1. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Colorado will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Denver, Colorado.  Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

  1. Communications and Contact Information

Navarro’s may contact you regarding these Terms or the Privacy Policy using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive marketing communications from Navarro’s, you can click on the “unsubscribe link” provided in such communications or contact us at customerservice@navarroswine.com.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms, and the Privacy Policy, please contact us at customerservice@navarroswine.com or by mail at:

Navarro’s 5050 S. Syracuse St.

8th Floor Denver, CO 80237