TERMS AND CONDITIONS

Last Updated: November 29, 2024

1. AGREEMENT TO TERMS

Welcome to NOBLE PASION. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NOBLE PASION LLC ("Company," "we," "us," or "our") concerning your access to and use of the www.tequilanoblepasion.com website and any related services (collectively, the "Site").

By accessing or using this Site, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Site.

2. AGE VERIFICATION AND LEGAL DRINKING AGE

2.1 Age Requirements

By accessing this Site, you represent and warrant that:

  • You are at least 21 years of age or the legal drinking age in your jurisdiction of residence, whichever is greater

  • You have the legal right to purchase and consume alcoholic beverages in your jurisdiction

  • All information you provide regarding your age and identity is accurate and truthful

2.2 Age Verification

We reserve the right to verify your age through additional means, including but not limited to:

  • Government-issued identification

  • Third-party age verification services

  • Credit card verification

  • Delivery verification with adult signature

2.3 Prohibited Conduct

You agree that you will not:

  • Provide false information regarding your age or identity

  • Purchase or attempt to purchase alcoholic beverages for persons under the legal drinking age

  • Allow minors to access your account or use your identity to access the Site

2.4 Consequences of Violation

Providing false age information or purchasing alcohol for minors is illegal and subject to criminal prosecution. We will cooperate fully with law enforcement in investigating any suspected violations.

3. PRODUCT INFORMATION AND AVAILABILITY

3.1 Product Descriptions

We strive to provide accurate product descriptions, images, and information. However, we do not warrant that product descriptions, pricing, images, or other content on the Site is accurate, complete, reliable, current, or error-free.

3.2 Alcohol Content and Health Warnings

All NOBLE PASION tequila products contain alcohol. By purchasing our products, you acknowledge:

GOVERNMENT WARNING:

  • (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects.

  • (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.

3.3 Product Availability

Products are subject to availability. We reserve the right to:

  • Discontinue any product at any time

  • Limit quantities purchased per customer

  • Refuse service to any customer

  • Modify product specifications without prior notice

4. PRICING AND PAYMENT

4.1 Pricing

All prices are listed in United States Dollars (USD) and are subject to change without notice. We reserve the right to correct pricing errors on our Site, including after an order has been submitted.

4.2 Payment Methods

We accept the following payment methods: Visa, Mastercard, AMEX. Payment must be received in full before products are shipped.

4.3 Sales Tax

Applicable sales tax will be added to your order based on the shipping destination and current tax rates.

4.4 Pricing Errors

If a product is listed at an incorrect price due to typographical error or other mistake, we reserve the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed.

5. ORDERS AND ORDER ACCEPTANCE

5.1 Order Process

When you place an order, you will receive an email confirmation. This confirmation does not constitute our acceptance of your order; it is simply confirmation that we received it.

5.2 Order Acceptance

We reserve the right to accept or decline your order for any reason, including but not limited to:

  • Product availability

  • Errors in product or pricing information

  • Shipping restrictions in your location

  • Inability to verify age or payment information

  • Suspected fraud or illegal activity

5.3 Order Limitations

We reserve the right to limit order quantities per person, household, or order. We may also prohibit sales to dealers or resellers.

6. SHIPPING AND DELIVERY

6.1 Shipping Restrictions

Due to state and federal laws, we can only ship to states where it is legal to ship alcoholic beverages.

By placing an order, you represent that your shipping address is in a state where we are licensed to ship alcoholic beverages.

6.2 Delivery Requirements

All deliveries require:

  • An adult 21 years or older to be present

  • Valid government-issued photo identification

  • Personal signature upon delivery

Packages that cannot be delivered due to the absence of an adult signature will be returned, and you will be responsible for return shipping costs.

6.3 Shipping Timeframes

Estimated delivery times are provided for convenience only and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, natural disasters, or other circumstances beyond our control.

6.4 Risk of Loss

Title and risk of loss pass to you upon delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages after they have been delivered by the carrier.

6.5 Refused or Undeliverable Shipments

If you refuse delivery or if a shipment is undeliverable, you will be responsible for return shipping costs. Refunds will be processed minus shipping charges and any applicable restocking fees.

7. RETURNS, REFUNDS, AND CANCELLATIONS

7.1 Return Policy

Due to the nature of alcoholic beverages and state regulations, we have a limited return policy:

  • Unopened products may be returned within 14 days of delivery

  • Products must be in original, unopened condition with all seals intact

  • Customer is responsible for return shipping costs unless the product was damaged or defective

  • We cannot accept returns of opened bottles

7.2 Damaged or Defective Products

If you receive a damaged or defective product, you must notify us within 48 hours of delivery with photographic evidence. We will arrange for a replacement or refund at our discretion.

7.3 Order Cancellation

You may cancel your order before it ships. Once an order has shipped, it cannot be cancelled but may be eligible for return according to our return policy.

7.4 Refund Processing

Approved refunds will be processed within 10 business days to your original payment method. Shipping charges are non-refundable unless the return is due to our error.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

All content on this Site, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, and software, is the property of NOBLE PASION LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

8.2 Trademarks

NOBLE PASION and all related logos, product names, designs, and slogans are trademarks of NOBLE PASION LLC or its affiliates. You may not use these trademarks without our prior written permission.

8.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not:

  • Reproduce, distribute, modify, or create derivative works from Site content

  • Use any automated system to access the Site

  • Remove copyright or proprietary notices

  • Use the Site for any commercial purpose without our permission

9. USER ACCOUNTS

9.1 Account Creation

If you create an account on our Site, you are responsible for:

  • Maintaining the confidentiality of your account credentials

  • All activities that occur under your account

  • Notifying us immediately of any unauthorized use

  • Ensuring all information provided is accurate and current

9.2 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

10. PROHIBITED ACTIVITIES

You agree not to:

  • Use the Site for any illegal purpose or in violation of any local, state, federal, or international law

  • Violate or infringe upon the intellectual property rights of others

  • Transmit any harmful code, viruses, or malicious software

  • Engage in any conduct that restricts or inhibits anyone's use of the Site

  • Impersonate any person or entity or falsely state or misrepresent your affiliation

  • Interfere with or circumvent security features of the Site

  • Harvest or collect information about users without their consent

  • Use the Site to transmit spam or unsolicited communications

  • Purchase products with intent to resell commercially

11. COMPLIANCE WITH LAWS

11.1 Federal Compliance

We comply with all applicable federal regulations, including those enforced by the Alcohol and Tobacco Tax and Trade Bureau (TTB). We maintain all required federal permits and licenses.

11.2 State Compliance

We comply with all state laws and regulations governing the sale and shipment of alcoholic beverages. We maintain all required state licenses for jurisdictions where we conduct business.

11.3 Record Keeping

We maintain records as required by federal and state law. Authorized regulatory officials may inspect our records and facilities with proper credentials.

11.4 User Compliance

You agree to comply with all applicable federal, state, and local laws regarding the purchase, receipt, and consumption of alcoholic beverages.

12. DISCLAIMERS

12.1 "AS IS" Basis

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12.2 No Warranties

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy, reliability, or completeness of content

  • Uninterrupted or error-free operation

12.3 Health Disclaimer

We make no representations or warranties regarding the health effects of consuming alcoholic beverages. Alcohol consumption carries inherent risks. Consult your healthcare provider regarding alcohol consumption, especially if you are pregnant, nursing, taking medications, or have health conditions.

13. LIMITATION OF LIABILITY

13.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NOBLE PASION LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits or revenue

  • Loss of business opportunities

  • Loss of data or privacy

  • Personal injury or property damage

  • Emotional distress

13.2 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

13.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless NOBLE PASION LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms

  • Your violation of any law or rights of a third party

  • Your use of the Site or products purchased

  • Any false or misleading information you provide

  • Your provision of alcohol to minors

15. PRIVACY AND DATA PROTECTION

15.1 Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

15.2 Data Security

We use commercially reasonable security measures to protect your personal information. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

15.3 Cookies

We use cookies and similar tracking technologies to enhance your experience on our Site. By using the Site, you consent to our use of cookies as described in our Privacy Policy.

16. RESPONSIBLE DRINKING

16.1 Our Commitment

NOBLE PASION LLC is committed to promoting responsible drinking. We encourage all customers to:

  • Drink responsibly and in moderation

  • Never drink and drive

  • Respect legal drinking age laws

  • Be aware of the health risks associated with alcohol consumption

16.2 Resources

For information about responsible drinking, please visit:

  • Responsibility.org

  • NIAAA.nih.gov

  • CDC.gov/alcohol

16.3 Drink Responsibly

Please enjoy NOBLE PASION LLC products responsibly. Never drink and drive. If you are pregnant or nursing, consult your healthcare provider before consuming alcohol.

17. THIRD-PARTY LINKS

The Site may contain links to third-party websites or services that are not owned or controlled by NOBLE PASION LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

18. GOVERNING LAW AND JURISDICTION

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

18.2 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Riverside County, California, and you consent to personal jurisdiction in such courts.

18.3 Waiver of Jury Trial

You waive any right to a jury trial in any proceeding arising out of or related to these Terms.

19. DISPUTE RESOLUTION

19.1 Informal Resolution

Before filing a formal dispute, you agree to contact us to attempt to resolve the matter informally. We will attempt to resolve the dispute within 30 days.

19.2 Arbitration

If informal resolution fails, any dispute shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Riverside, California.

19.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

19.4 Small Claims Exception

Either party may bring a claim in small claims court as an alternative to arbitration.

20. MODIFICATIONS TO TERMS

20.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page.

20.2 Notice of Changes

Material changes will be notified through:

  • Email notification to registered users

  • Prominent notice on the Site

  • Pop-up notification upon your next visit

20.3 Continued Use

Your continued use of the Site after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site.

21. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

22. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and NOBLE PASION LLC concerning your use of the Site.

23. WAIVER

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

24. ASSIGNMENT

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

25. FORCE MAJEURE

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, labor disputes, or governmental actions.

26. HEADINGS

The headings in these Terms are for convenience only and have no legal or contractual effect.

27. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

NOBLE PASION LLC
494 North Orange Street
Riverside, California 92501
Email: bryanolvera@tequilanoblepasion.com

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

YOU MUST BE 21 YEARS OR OLDER TO ACCESS THIS SITE.

PLEASE DRINK RESPONSIBLY.