Terms of Service

Overview

This website is operated by Earth Labora, LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Earth Labora, LLC. Earth Labora, LLC offers this website, including all information, tools, and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1: Minimum Age Requirement

You must be at least 21 years of age to access or use the Site, including purchasing products through the Site. By using the Site, you represent and warrant that you are at least 21 years old. All alcohol purchases must be signed for by an adult over 21 at the time of delivery.

Section 2: Sale of Alcoholic Beverages

We operate as a marketer and service provider, enabling you to purchase wine from Licensed Retailers. Licensed Retailers are the actual sellers of wine. All alcoholic beverages purchased through the site must be for personal consumption only, and not for resale. If a particular wine is unavailable at the time of shipping, the Licensed Retailer may substitute a wine of similar style and equal or greater value.

Section 3: Payment Terms

For all orders, payment is captured upon shipping. We accept payments via Shopify Payments (including Google Pay, Amazon Pay, and Apple Pay), Meta Pay, bank transfers, and PayPal. If there are any billing errors or disputes, please contact us immediately. Refunds will be processed through the same payment method used for the purchase and may take up to 7 business days to appear on your account.

Section 4: Shipping and Delivery

We ship within the U.S. only. For in-stock wines, orders are typically shipped within 1 business day. Transit times usually take 3 to 4 days, depending on your location. Shipping costs are calculated at checkout. You will receive tracking information once your order has shipped.

Section 5: Refunds & Returns

We offer refunds if the wine is unsatisfactory or corked, limited to one refund per customer. Returns are accepted up to 180 days from receipt, with the customer responsible for return shipping costs. Refunds will be processed within 7 days of receiving the returned wine. If your wine is damaged or compromised during shipping, please contact us immediately for a replacement or refund.

Section 6: Arbitration Clause

Any disputes arising out of or related to these Terms of Service or your use of the site will be resolved through binding arbitration, rather than in court. The arbitration will be conducted in accordance with the rules of the American Arbitration Association.

Section 7: Limitation of Liability

In no event will Earth Labora, LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising from or related to your use of the site or any products purchased.

Section 8: Force Majeure

Earth Labora, LLC will not be liable for any failure to perform its obligations under these Terms of Service if such failure is due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, or labor disputes.

Section 9: Data Protection and Privacy

We are committed to protecting your privacy. Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our site, you consent to the practices described in our Privacy Policy.

Section 10: Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Section 11: Accuracy, Completeness, and Timeliness of Information

We strive to ensure that the information on our site is accurate, complete, and up-to-date. However, we do not warrant that the information is always accurate or error-free. We reserve the right to correct any errors or omissions and to update the information at any time.

Section 12: Modifications to the Service and Prices

We reserve the right to modify or discontinue our services or products at any time without notice. Prices and availability of products are subject to change without notice.

Section 13: Products and Services

Descriptions of products and services on our site are provided for informational purposes. We make no guarantees regarding the availability or quality of products.

Section 14: Accuracy of Billing and Account Information

You agree to provide accurate, current, and complete information for all purchases and account details. We reserve the right to cancel any orders that appear to be fraudulent or erroneous.

Section 15: Optional Tools

We may provide access to third-party tools over which we have no control. We are not responsible for the content or functionality of these tools and any use of them is at your own risk.

Section 16: Third-Party Links

Our site may contain links to third-party websites. We are not responsible for the content or practices of these websites. Accessing third-party sites is at your own risk.

Section 17: User Comments, Feedback, and Other Submissions

Any comments, feedback, or submissions you provide to us will be considered non-confidential and non-proprietary. We may use, disclose, or reproduce such submissions for any purpose without compensation.

Section 18: Personal Information

Your personal information will be handled in accordance with our Privacy Policy. By using our site, you consent to the collection and use of your personal information as described in the Privacy Policy.

Section 19: Errors, Inaccuracies, and Omissions

Occasionally, there may be errors or inaccuracies on our site. We reserve the right to correct these errors and update information as needed.

Section 20: Prohibited Uses

You agree not to use our site for any unlawful purposes or in any manner that could damage, disable, or impair the site or interfere with others’ use of the site.

Section 21: Disclaimer of Warranties; Limitation of Liability

The site and all products and services are provided “as is” and “as available” without warranties of any kind. We disclaim all warranties, express or implied, to the fullest extent permitted by law.

Section 22: Indemnification

You agree to indemnify and hold harmless Earth Labora, LLC and its affiliates from any claims, losses, liabilities, or expenses arising from your use of the site or violation of these Terms of Service.

Section 23: Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Section 24: Termination

We may terminate or suspend your access to the site if you violate these Terms of Service or for any other reason at our sole discretion.

Section 25: Entire Agreement

These Terms of Service constitute the entire agreement between you and Earth Labora, LLC regarding the use of the site and supersede any prior agreements.

Section 26: Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

Section 27: Changes to the Terms of Service

We may update these Terms of Service from time to time. The most current version will be posted on our site, and your continued use of the site constitutes acceptance of the updated terms.

Section 28: Contact Information

For any questions or concerns regarding these Terms of Service, please contact us at:

Earth Labora, LLC
1111 Broadway, Suite 300
Oakland, CA 94610
hello@clubcharmail.com