Terms of
Service

01 — Acceptance of Terms

Acceptance of Terms

By accessing, browsing, or using this website in any way — including placing an order, creating an account, or subscribing to our communications — you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately stop using this website and any of its services. Your continued use of this website following any changes to these Terms constitutes acceptance of those changes.

These Terms apply to all visitors, customers, and others who access or use the website, regardless of whether they make a purchase.

02 — Age Verification

Age Verification & Legal Drinking Age

You must be at least 21 years of age to access this website, purchase products, or receive deliveries. By using this website, you represent and warrant that you are 21 years of age or older, or the legal drinking age in your applicable jurisdiction, whichever is higher.

We reserve the right to request proof of age at any time and to cancel any order where we have reasonable grounds to believe the recipient is under the legal drinking age. Any order placed by a person under the legal drinking age is void, and any such person is strictly prohibited from using this website.

We do not knowingly collect personal information from individuals under the age of 21. If we learn that personal information from a person under 21 has been collected, we will take steps to delete it promptly.

03 — Alcohol Sales & Shipping

Alcohol Sales, Licensing & Shipping

Role of Cultura Maguey: Cultura Maguey operates as an importer and distributor of artisan Mexican spirits. Our website provides product information, brand education, and facilitates connections to licensed retailers. We are not the seller of record for retail transactions, and we bear no responsibility for the fulfillment, shipping, or delivery of alcohol orders.

Role of the Licensed Retailer: All alcohol sold through this website is sold by a licensed third-party retailer ("Retail Partner"). The Retail Partner holds all applicable federal and state licenses required for the retail sale and shipment of beverage alcohol. Title to alcohol products transfers from the Retail Partner to the customer at the point of sale. The Retail Partner is solely responsible for:

• Verifying the age and identity of the purchaser and recipient
• Compliance with all applicable state and federal alcohol beverage laws
• Fulfillment, packaging, and shipment of all orders
• Carrier selection and shipping arrangements
• Compliance with all destination state shipping regulations

Geographic restrictions: Alcohol cannot be shipped to all states. Availability is determined by the Retail Partner based on applicable state laws and the licensing held at the time of purchase. By placing an order, you represent that the receipt of alcohol at your shipping address is lawful under the laws of your state, county, and municipality.

Shipping is not performed by Cultura Maguey. Cultura Maguey has no involvement in the physical fulfillment or shipment of any alcohol product. All shipping inquiries, tracking requests, and delivery issues should be directed to the Retail Partner or their designated carrier. Contact information for the Retail Partner will be provided in your order confirmation email.

Shipping to third parties: If you are shipping a product as a gift or to a third party, you are responsible for ensuring the recipient is of legal drinking age and for providing a valid delivery address where an adult signature can be obtained. Cultura Maguey and the Retail Partner accept no liability for gifts or shipments directed to individuals under the legal drinking age.

04 — Acceptable Use

Acceptable Use of This Website

You agree to use this website only for lawful purposes and in a manner consistent with these Terms. You agree that you will not:

• Use this site if you are under 21 years of age or the legal drinking age in your jurisdiction
• Violate any applicable federal, state, or local laws or regulations
• Attempt to gain unauthorized access to any part of the website or its related systems
• Transmit any unsolicited commercial communications or spam
• Upload or transmit viruses, malware, or any other malicious code
• Use any automated means (bots, scrapers, crawlers) to access, monitor, or copy any content from this website without prior written permission
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of this website without our express written permission
• Interfere with or disrupt the integrity or performance of the website or its infrastructure
• Post or transmit any content that is defamatory, obscene, abusive, threatening, or otherwise objectionable
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Engage in any conduct that restricts or inhibits any other user's enjoyment of the website

We reserve the right to terminate your access to this website at any time, without notice, for conduct that we determine, in our sole discretion, violates these Terms or is otherwise harmful to our business, other users, or third parties.

05 — Accounts & Registration

Accounts & Registration

Certain features of this website may require you to create an account. When you register, you agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify us immediately at hello@culturamaguey.com if you become aware of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to suspend or terminate any account that we believe, in our sole discretion, is being used in violation of these Terms, or for any other reason with or without notice.

By creating an account and opting into our newsletter, you agree to receive email communications from Cultura Maguey related to our products, events, and brand updates. You may unsubscribe at any time using the unsubscribe link in any email.

06 — Orders & Payment

Orders, Pricing & Payment

Order acceptance: Placing an order through this website constitutes an offer to purchase. Orders are not confirmed until you receive a written order confirmation from the Retail Partner. We and the Retail Partner reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, pricing errors, or suspected fraud.

Pricing: All prices displayed on this website are in U.S. dollars. Prices are subject to change without notice. Applicable taxes, shipping fees, and any other charges will be displayed at checkout prior to completing your purchase. We make every effort to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel the affected order and refund any amount charged.

Payment: Payment is processed securely through our third-party payment processor at the time of purchase. By providing payment information, you represent that you are authorized to use the payment method provided. We do not store full credit card numbers on our servers.

Taxes: You are responsible for all applicable sales taxes, excise taxes, and other governmental charges associated with your purchase. These will be calculated and displayed at checkout where applicable.

Invoice payments: Trade accounts and wholesale customers may pay invoices through our designated payment portal. Payment terms for trade accounts are governed by separate written agreements.

07 — Returns & Refunds

Returns, Refunds & Damaged Shipments

Due to federal and state regulations governing the sale and return of alcohol, all alcohol sales are generally final. Returns of alcohol products are only accepted in the following limited circumstances:

• The product arrived damaged, broken, or with a defective seal
• You received an incorrect product that differs from what was ordered
• The product was spoiled or otherwise unfit for consumption upon receipt

To initiate a return or refund claim, you must contact the Retail Partner directly within 7 days of receiving your order. Claims submitted after this window may not be honored. You may be required to provide photographic evidence of damage or defect.

Refunds, where applicable, will be issued to the original payment method and processed by the Retail Partner. Cultura Maguey is not responsible for issuing refunds on alcohol orders fulfilled by a third-party Retail Partner.

Undeliverable packages: If a package cannot be delivered due to an incorrect address, an absent recipient, failure to provide a required adult signature, or refusal of delivery, the package may be abandoned or destroyed in accordance with applicable law. In such cases, Cultura Maguey and the Retail Partner bear no responsibility for the loss of the product, and a refund may not be available.

08 — Intellectual Property

Intellectual Property Rights

All content on this website — including but not limited to text, photography, graphics, logos, illustrations, brand assets, section designs, and the overall visual aesthetic — is the property of Cultura Maguey or its content suppliers and is protected by applicable U.S. and international copyright, trademark, and intellectual property laws.

The Cultura Maguey name, logo, and brand marks are trademarks of Cultura Maguey. The brand names, logos, and marks of Agua Del Sol, Brazo Fuerte, Origen 35, and Yuku Savi are the property of their respective owners. Nothing on this website should be construed as granting any license or right to use any trademark without the express written permission of the owner.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on this website without our prior written consent, except as follows:

• Your device may temporarily store copies of materials incidental to normal web browsing
• You may print or download one copy of a reasonable number of pages for your personal, non-commercial use
• Press and media may reproduce reasonable excerpts with attribution, subject to our prior written approval

09 — Privacy

Privacy & Data

Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and sharing of your personal information.

By using this website, you consent to the data practices described in our Privacy Policy. If you do not consent to those practices, please do not use this website.

We use Shopify as our e-commerce platform. Shopify's privacy practices are described in the Shopify Privacy Policy. By making a purchase on this website, your transaction data is processed by Shopify and our payment processors in accordance with their respective privacy policies.

10 — Disclaimers

Disclaimers & Website Availability

As-is basis: This website 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, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Accuracy: We make reasonable efforts to ensure the accuracy of product descriptions, tasting notes, producer information, and pricing. However, we do not warrant that product descriptions or other content on this website are accurate, complete, reliable, current, or error-free. Product availability is subject to change without notice.

Third-party content: This website may contain links to third-party websites or reference third-party services. These links are provided for convenience only. We have no control over the content of third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Health disclaimer: Alcohol consumption may be hazardous to your health and should be consumed responsibly. Nothing on this website constitutes medical advice. Alcohol should not be consumed by pregnant individuals, by individuals with certain medical conditions, or in combination with certain medications. If you have questions about alcohol consumption and your health, please consult a healthcare professional.

11 — Limitation of Liability

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Cultura Maguey, its owners, officers, employees, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to lost profits, loss of data, personal injury, or property damage — arising out of or in connection with your use of, or inability to use, this website or any products or services obtained through this website.

Cultura Maguey's total liability to you for any claims arising out of or related to these Terms or your use of this website shall not exceed the greater of: (a) the amount you paid to us in the twelve months preceding the claim, or (b) one hundred U.S. dollars ($100).

The limitations of liability set forth herein reflect a reasonable allocation of risk between you and Cultura Maguey, are a fundamental element of the basis of the bargain between us, and shall apply even if any remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If you reside in such a jurisdiction, the above limitations may not fully apply to you.

12 — Indemnification

Indemnification

You agree to indemnify, defend, and hold harmless Cultura Maguey and its owners, officers, employees, agents, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of this website in any manner not authorized by these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party
• Any content you submit, post, or transmit through this website
• Any misrepresentation of your age or identity

13 — Governing Law

Governing Law & Dispute Resolution

These Terms and your use of this website shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of this website shall be resolved exclusively in the state or federal courts located in Los Angeles County, California. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Informal resolution: Before initiating any formal legal proceeding, you agree to contact us at hello@culturamaguey.com and attempt to resolve the dispute informally. We will make a good-faith effort to resolve the issue within 30 days of receiving your written notice.

Waiver of class action: To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14 — Changes to Terms

Changes to These Terms

We reserve the right to modify these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. In some cases, we may provide additional notice, such as an announcement on our website or an email to newsletter subscribers.

Your continued use of this website after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using this website immediately.

We encourage you to review these Terms periodically to stay informed of any updates.

15 — Contact

Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please contact us using the information below. We aim to respond to all inquiries within 3 business days.