Terms and Conditions of Use

EFFECTIVE: December 1, 2021

Please read these terms and conditions of use (“Terms”) carefully before using this website.

Accessing, browsing or using this website, mobile application or blog, is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. If you do not agree with any of these terms of service, do not access or otherwise use this site or any information or materials found on the site.

Malbec Bay LLC reserves the right to modify the Terms at any time with or without notice to you. Such changes are effective immediately upon posting on this Site and you are deemed to receive notice of such revisions at the time of posting and are bound by any such changes to the Terms. Malbec Bay LLC reserves the right to revoke any or all access and use authorizations granted to you regarding this Site.

1. Privacy Policy

Please refer to our privacy policy for information about how we collect, use, disclose and otherwise process information about you.

2. Eligibility

Malbec Bay does not sell alcohol to persons under the age of 21. By using this site, you swear and affirm that you are over the age of 21. Malbec Bay makes every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a delivery of alcoholic beverages from Malbec Bay is over the age of 21. You also agree that any alcohol purchased from Malbec Bay is intended for personal consumption and not for resale. If you do not agree with all of these conditions of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and Malbec Bay will prosecute you fully to the extent allowable by law.

3. Parental Control Protections

As required by the Communications Decency Act of 1996, Malbec Bay LLC hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Malbec Bay does not sponsor or endorse any of these companies or their services.

4. Registration

You may register for an account on the Site (an "Account") or log in using your Facebook or other social media login information. To use certain portions of the Site, you are not required to sign up for an Account. However, certain features of the Site, such as accessing your order history, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's Account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account at any time, as described in our Privacy Policy.

5. User Obligations

You agree not to do any of the following while using the malbecbay.com web site:
 

  • Intentionally or unintentionally violate any applicable law or regulation, agreement that you are bound by – including this Agreement – nor the rights of any other party;

  • Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;

  • Access, tamper with, or use nonpublic areas of the Malbec Bay Site or Malbec Bay's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution

  • Frame or link to the malbecbay.com Site or any of our other sites, unless permitted in writing by malbecbay.com

6. Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Malbec Bay. Malbec Bay neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Malbec Bay employees acting in their official capacities.

7. Protection of content provided by Malbec Bay and its licensors

All text, graphics, logos, icons, images, audio clips and software on the Site ("Site Content") are copyrighted materials owned by or licensed to Malbec Bay LLC. The Site Content may contain trademarks, service marks and trade names which are owned by Malbec Bay and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Malbec Bay, its affiliates, or third parties. Unless authorized in writing by an officer of Malbec Bay, Malbec Bay's trademarks may not be used in connection with any product or service that is not Malbec Bay's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Malbec Bay. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Malbec Bay or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Malbec Bay Site. Nothing contained in the Malbec Bay Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Malbec Bay, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Malbec Bay, its affiliates, and/or any third party, as applicable.

8. Third Party Sites

The Site may contain links to other web sites or resources. You acknowledge and agree that Malbec Bay is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Malbec Bay Site does not imply that Malbec Bay endorses the linked site.

9. IP Infringement

Malbec Bay LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Malbec Bay’s Designated Agent the following information:

    1. Written Notice of Copyright Claims. Claims of infringement should be in writing and should be directed to Malbec Bay's designated agent as specified below. Please include the following information:

      1. A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

      2. A description of the copyrighted work that you claim has been infringed;

      3. A description of where the material that you claim is infringing is located on the site;

      4. Your address, telephone number, and email address;

      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

10. Payments; Ordering and Availability; Billing

You agree to provide accurate and up-to-date payment information at the time you order any Product. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). We strive to provide accurate pricing information regarding the Products available on the Site. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order and sold out by the time we attempt to process the order. Should this happen, we will notify you by email and cancel the item from your order. 

Malbec Bay shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Malbec Bay shall immediately issue a credit to your credit card account in the amount of the charge.

 

Unless otherwise specified, prices quoted are exclusive of: (a) the costs of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, delivery of the Products as such costs are specified by us when you submit your order.

11. Delivery

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 5 days after the date of the Order Confirmation, unless there are exceptional circumstances.

Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, for example if your delivery address is geographically remote, we will notify you before we accept your order.

The Product(s) ordered will be at your risk from the time you receive the Product(s). Ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

12. Notices

Malbec Bay will give you any necessary notices by posting them on the Malbec Bay Site. You authorize Malbec Bay to send notices via electronic mail as well if Malbec Bay decides, in its sole discretion, to do so. You agree to check the Malbec Bay Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Malbec Bay Site.

13. Disclaimer of Warranties

ALTHOUGH MALBEC BAY LLC ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE MALBEC BAY SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE MALBEC BAY SITE. MALBEC BAY LLC DOES NOT WARRANT THAT YOUR USE OF THE MALBEC BAY SITE, OR THE OPERATION OR FUNCTION OF THE MALBEC BAY SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE MALBEC BAY SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. MALBEC BAY LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE MALBEC BAY SITE. THE MALBEC BAY SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

14. Limitation of Liability

IN NO EVENT SHALL MALBEC BAY LLC AND/OR ITS 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 THE MALBEC BAY SITE, THE USE OR PERFORMANCE OF THE MALBEC BAY SITE, THE DELAY OR INABILITY TO USE THE MALBEC BAY SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MALBEC BAY SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MALBEC BAY SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MALBEC BAY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MALBEC BAY SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MALBEC BAY SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS MALBEC BAY 'S LIABILITY OR YOUR REMEDIES.

15. Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of this Agreement) without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and destruction of all information associated with your Account. We reserve the right to change, suspend, or discontinue all or any part of the Services or the Content at any time without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.

16. Force Majeure

Malbec Bay shall be excused from performance under this Terms of Use if Malbec Bay is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Use by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Malbec Bay.

17. Survival

The following provisions shall survive any termination of these Terms of Service: No Warranty from Malbec Bay, Limitation of Liability, Indemnity and General Provisions.

18. General Provisions

You agree that Malbec Bay and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Malbec Bay Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Malbec Bay to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Malbec Bay in writing. The Terms of Use, along with the Privacy Policy, Promotions Terms and Conditions, comprises the entire agreement between you and Malbec Bay and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Malbec Bay. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Malbec Bay shall be null and void. These Terms of Service will inure to the benefit of Malbec Bay's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

19. Applicable Law

By using any Malbec Bay Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Malbec Bay.

An adult 21+ must be available to sign upon delivery.