TERMS & CONDITIONS
Chrome Horse Society is a future-focused tequila brand that embraces the modern spirit of tequila and its patrons.
These Terms Set Forth a Legally Binding Agreement
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE OR PLATFORM. BY ACCESSING OR USING THE SITE, SERVICES, OR SMART CONTRACTS YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING, USING, OR TRANSACTING ON THE SITE OR PLATFORM. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.
The Site is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately.
Changes to Terms
These Terms may be discretionarily modified or replaced at any time unless stated otherwise herein. The most current version of this Agreement will be posted on the Site with the "Last Revised" date at the top of the Agreement changed. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Platform by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Platform, you Platform. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links). If you have submitted an email address to us, we may notify you of the changes via email via email@example.com. By continuing to use our Site after such notice and/or consent, you are bound by our latest Terms & Conditions.
All purchases of alcohol made on this website are managed by an independent technology provider, Barcart, and processed & fulfilled by licensed alcohol retailers across the country. Chrome Horse Society is not a licensed beverage alcohol retailer and is not involved with the sale or delivery of alcohol products.
Please review the FAQ's below and Barcart's terms for more information about orders placed on this website. If you have issues with an order you placed on this website, please either reply to your order confirmation email or reach out to Barcart here.
We currently ship to:
Most orders are processed within 1-2 business days after placing the order. Delivery time will vary depending on your location, the carrier used by the licensed retailer who processed your order, and external factors that impact shipments.
SHIPPING AFTER ORDER PROCESSING
Most orders are processed within 1-2 business days, but there may be occasional delays depending on product availability. Your order confirmation email contains a tracking link that has up-to-date information on where your order is at any given moment. Feel free to reach out to Barcart here if you have any questions about your order.
CANCELING AN ORDER
Please reach out to Barcart here right away. Be aware if your order has already been confirmed by a retailer, Barcart cannot guarantee they will be able to cancel your order.
BANK STATEMENT IDENTIFIER
All payments are processed by our ecommerce fulfillment partner, Barcart, so you will see BARCART/MASH&GRAPE on your statement when completing your purchase.
CHANGE OF ADDRESS
Please reach out to Barcart here right away. Be aware if you're reaching out longer than two hours after your order has been placed, or you're looking to change your address to a different state, Barcart cannot guarantee that they will be able to satisfy your request.
Please be aware it is every customer's responsibility to ensure that someone 21+ is home to sign for the package. Typically, a carrier will attempt delivery 3 times before returning the package to the sender. If the package is returned to the sender please, reach out to Barcart here. Be aware that there may be additional fees to help offset the costs of retailers accepting returned packages or reshipping orders.
Barcart cannot guarantee that a retailer will agree to accept a return or exchange. Please review Barcart's terms before purchasing and contact Barcart if requesting a refund. In the event that your order is refunded, the refund will be processed directly by Barcart and may take 5-10 days to post back to your original payment method.
Due to policies set in place by our payment processor, Barcart must refund back to the original payment method. If this payment method is no longer available, you must work directly with your financial institution to retrieve those funds.
All sales are being fulfilled by licensed retailers on the Barcart network. According to alcohol laws, retailers can only accept the return of defective goods. In such instances, we will refund the credit card used to purchase the item or issue store credit (gift card) for the amount that was paid for the item. If you would prefer a reshipment, reach out to us and we will do our best to accommodate, subject to product availability.
Shipping and handling costs are non-refundable.
All returns must be made within 30 days of purchase.
Please contact customer service at firstname.lastname@example.org with any specific questions regarding returns and refunds.
All purchases of alcohol made on this website are managed by an independent technology provider, Barcart, including our subscription-based sales platform offering automatic replenishment monthly, bi-monthly, or quarterly. Chrome Horse Society is not a licensed beverage alcohol retailer and is not involved with the sale or delivery of alcohol products.
When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select.
Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance.
Some subscriptions may auto-renew at the end of their duration. If you don't want to renew a subscription you can cancel it.
If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.
See our returns policy for more details on returns and refunds.
The ability to create a user account will be prompted via email, by BarCart, after the initial purchase of a subscription. You can also create a user account, at any time, by clicking on "ACCOUNT" in the site navigation. A user account will give you access to your subscription and overall purchase history, giving you full control to manage and edit your account details.
The Platform Is Property of Chrome Horse. LLC
You acknowledge and agree that we (or, as applicable, our licensors) own all legal rights, titles and interests in and to all elements of the Platform. The graphics, design, systems, methods, information, services, "look and feel", organization, a compilation of the content, code, data, and all other elements of the Platform (collectively, the "Chrome Horse Society Materials") are owned by Chrome Horse. LLC and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Chrome Horse Society Materials are the copyrighted property of Chrome Horse Society or its licensors, and all trademarks, service marks, and trade names contained in the Chrome Horse Society Materials are proprietary to Chrome Horse Society or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the Chrome Horse Society Materials not expressly granted to you in the Terms.
Chrome Horse Society May Use and Share All User Feedback
You may choose to submit comments, bug reports, ideas, or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, "Feedback"). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
The Platform or Site may include hyperlinks to other websites or resources (collectively, "External Sites"), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites and that we do not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products or other materials on, or made available from, any External Sites.
User May Not Use the Platform for Illegal Activity
You agree to use the Platform only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party; (vi) operate to defraud Chrome Horse Society , other users, or any other person or provide false, inaccurate or misleading information; (vii) use the Platform to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (ix) interfere with another individual's or entity's access to or use of the Platform; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation email addresses, without proper consent; (x) exploit the Platform for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any portion of the Platform; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xiii) reformat or frame any portion of the Platform; (xiv) display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.
Chrome Horse Society Makes No Representations or Warranties
Chrome Horse Society makes no representations or warranties, express or implied, written or oral, made by or on behalf of Chrome Horse Society in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Chrome Horse Society Item or work, smart contract code, or software.
User Releases Chrome Horse Society from Claims Arising From Other Users' Violations of these Terms
The User irrevocably releases, acquits, and forever discharges Chrome Horse Society and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another User's violation of these Terms.
You agree to indemnify and hold harmless our company and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you, a co-conspirator, or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
Governing Law and Jurisdiction
These Terms will be governed by and construed under the laws of the State of New York, without giving effect to any conflict of laws, rules, or provisions. You agree that any action of whatever nature arising from or relating to these Terms, the Site, or our Products will be filed only in the state or federal courts in New York, New York. You consent and submit to the personal jurisdiction of such courts for any such action. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
You are solely responsible for Your conduct while accessing or using the Service.
You will not:
- sell, rent, lease, distribute, broadcast, publicly perform, publicly display, sublicense, or otherwise assign any rights to the Service or any portion of it to any third party;
- remove or modify any proprietary notices or labels on the Service or otherwise make any derivative uses of the Service;
- cache, create unauthorized hypertext links to the Service or frame any Content;
- use any data mining, robots, or similar data gathering and extraction tools, or bypass or ignore instructions contained in Our robots.txt file or equivalent restrictive technologies that control automated access to portions of the Service;
- use Marks as metatags on other pages or sites on the Internet;
- use or attempt to use another User's Account without authorization from that User and Us;
- use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service or Our infrastructure (in Our sole discretion) in any manner;
- reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service;
- attempt to circumvent any content-filtering or access restriction techniques We employ or attempt to access any feature or area of the Service that You are not authorized to access;
- copy, download, redistribute, reproduce, "rip", record, transfer, display to the public, broadcast, or make available to the public or another vendor or third party any part of the Service, or otherwise make any use of the Service not expressly permitted under these TOS, any Additional Terms, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Service or any part of it;
- develop or use any third-party applications that interact with the Service without Our prior written consent, including any scripts designed to scrape or extract data from the Service; or
- violate any laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction.
DISCLAIMER OF WARRANTIES
YOUR ACCESS TO, AND USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT FOR THE EXPRESS AUTHORSHIP WARRANTY PROVIDED IN THE FINE ART CONDITIONS OF SALE, THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE OR OBTAINED FROM A LINKED SITE OR THIRD-PARTY MATERIALS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
To the fullest extent permitted by applicable law, You will indemnify, defend (at Our option) and hold Us and Our officers, directors, employees, agents, third-party providers, licensors, partners and successors and assigns (individually and collectively, the "Chrome Horse Society Parties") harmless from and against any and all fines, penalties, liabilities, losses, governmental inquiries, investigations, and proceedings and other damages, costs and expenses of any kind whatsoever (including reasonable attorneys' and experts' fees) incurred in connection with any third-party claim, demand, cause of action, suit, investigation, arbitration, or other proceeding (collectively, "Claims") directly or indirectly arising out of: (a) Your access to or use of the Service or any Third-Party Materials; (b) Your actual or alleged breach of these TOS or any Additional Terms; (c) Your Postings and Chrome Horse Society Parties' use of any information that You submit to Us; and/or (d) any fraud, misrepresentation, manipulation, intentional misconduct, gross negligence or other violation of any applicable laws in connection with Your use of the Service or Your activities in connection with the Service. Chrome Horse Society Parties may take control of the defense or settlement of any Claim and You will cooperate with Chrome Horse Society Parties in defending such Claims. In any event, You will not settle any Claim without Our prior written approval. For the avoidance of doubt, if You are a Company (or representing a Company), Your obligations hereunder will extend to indemnification based on the acts and omissions of Your employees, consultants and agents.
If You are a California resident, You expressly waive any rights You may have under California Civil Code Section 1542 (or analogous laws of other states), which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
GOVERNING LAW AND VENUE
These TOS (and any Additional Terms) and Your access to and use of the Service will be governed by and construed and enforced exclusively in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction). Any dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to these TOS, the Service, or the listing, marketing, offer or sale of property through the Service. For European Union ("EU")-based consumers this choice of law provision applies to the extent that no mandatory consumer protection rules laid down in the EU or national EU member state laws provide for greater consumer protection, in which case, such other laws will apply.
All notices under this Agreement must be in writing (which includes emails).
If You have any questions or comments about the TOS or the Service or wish to terminate this Agreement, please contact Us by email at: info@ChromeHorseSociety.com.