1. Sale Terms and Conditions

These sale terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.blindbarrels.com (the “Site”). These Terms are subject to change by Blind Spirits LLC, a California limited liability company (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

2. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3. Prices and Payment Terms

a. Prices posted on this Site may be different than prices offered by other retailers. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping, warehousing, and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.

b. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

c. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. In most cases, your credit card will be charged at least 30 days prior to shipment of any products. We accept American Express, Diners Club, Discover, Elo, Facebook Pay, Google Pay, JCB, Mastercard, Shop Pay, and Visa for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

4. Shipments; Delivery; Title and Risk of Loss

We are a licensed retailer of alcoholic beverages in California. Title to and ownership of alcoholic beverages (“Products”) passes from us to you in California and Products are delivered to you in California, and you take all responsibility for the product being transported from California to your selected destination. You may pick up the product at our location or make independent delivery arrangements.

Tax: Sales tax will be applied based on the seller’s location. As such, California sales tax will be applied to these transactions. We have partnered with a separate storage facility that will maintain your Products until such time as you request the facility ship the spirits to you.

Order Fulfillment: You may pick up products at our physical location in California during our regular business hours or you may opt to direct us to forward your Products to our independent partner storage/shipping company that offers storage and shipping according to your direction. You may also independently arrange for the Products to be shipped to you. We will temporarily store your Products in our facility pending your selection for fulfillment.

Representations: We make no representation as to the legal rights of any individual to deliver or import any alcoholic beverages or other goods into any state. You warrant that you are solely responsible for the transport of the purchased products and for determining the legality and tax/duty consequences of bringing the product to your chosen destination.

5. You Must Be 21 Years of Age or Older

By placing an order with us, you acknowledge that you are at least 21 years old, and that the person to whom products will be delivered is also at least 21 years old. The person receiving the delivery will have to sign for the delivery and will be required to show identification proving that he or she is at least 21 years old.

6. Shipping Costs

Shipping costs are the responsibility of the buyer. The buyer is responsible for any applicable taxes or duties incurred in the buyer’s state of residence. Buyer is also responsible for any additional costs, such as storage fees or delayed delivery fees, that may be charged by carriers. In addition, applicable local sales taxes may apply to orders shipped or delivered within the state of California depending on the local jurisdiction. These taxes are not included in the calculation of the sales tax at the time of order placement.

Blind Barrels is not responsible for any delays in the shipping process due to incorrect shipping information, such as incorrect addresses or recipient name, or delays due to weather or other factors outside of our control. We are also not responsible for any damage incurred during the shipping process.

7. Returns and Refunds

See our Refund Policy here: https://blindbarrels.com/policies/refund-policy.

8. Manufacturer’s Warranty and Disclaimers

We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

9. Limitation of Liability

WE HAVE BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTABILITY, AND COMPLIANCE FROM THE MANUFACTURERS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

10. Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.

11. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

12. Dispute Resolution and Binding Arbitration

Please refer to our dispute resolution and binding arbitration terms included on our Terms of Use here: https://blindbarrels.com/policies/terms-of-service.

13. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

14. Governing Law and Jurisdiction

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of California.

15. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of the Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

16. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Blind Spirits LLC.

17. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18. Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Bobby DeMars at support@blindbarrels.com. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

19. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

20. Entire Agreement

Our order confirmation, the Terms of Use, our Privacy Policy, Refund Policy, and these Terms constitute the sole and entire agreement between you and Blind Spirits LLC.