Return & Refund Policy

Please note, due to state law, alcohol products are non-refundable.

 

If an order is cancelled by the customer after it has been placed for any reason the order will be refunded for the full amount minus a $7.99 restocking fee. An order can NOT be cancelled or refunded if it has already left a Retail location. If a product is unavailable and we are not able to find a reasonable replacements (similar item for a similar price), we will refund the total amount paid. If a delivery was attempted and the customer was not available, the address provided was incorrect, the customer is unreachable at time of delivery, or driver is unable to verify age, the order will be cancelled and a $7.99 restocking fee will be assessed.

 

Shipping orders

Shipping orders can not be cancelled or refunded once the order has shipped. An order may be cancelled if it has not yet shipped, however we will assess a $7.99 restocking fee. If an address correction is required after an item has been shipped out, an address correction fee of $18 will also apply.

 

Here is more information regarding our refund policy:

 

1. If a product is incorrect, spoiled, or contaminate, you will need to notify us the same day it was delivered. Damage must be reported at time of delivery to the driver and photo evidence may be required. You can refuse delivery of a damaged product. You may need to contact the manufacturer for quality-related concerns. If you are approved for a refund by the Retail Location, a credit will automatically be applied to your credit card or original method of payment in 3 business days.

 

2. Method of refund – We will refund the amount to the same form of payment used or credit your account.

 

3. Product condition – Product must be returned in its original condition. Opened or used products will not be accepted.

 

4. Please email us at kp@lunanuevatequila.com to initiate a refund request.

 

5. A $7.99 restocking fee will be assessed for all returns except in the case where an incorrect item was delivered, item is spoiled, contaminated or otherwise not consumable.

 

6. For shipping orders, if the recipient can’t be reached after three attempts, the product will be shipped back to us. We will issue a full refund minus the original shipping cost, the cost to ship the items back to us, and the $7.99 restocking fee.

TERMS AND CONDITIONS

Acceptance of terms & conditions for use of this website
YOU MUST READ THESE WEBSITE TERMS OF USE CAREFULLY.
These Terms & Conditions of use (“Terms of Use,” “Terms and Conditions” or “Terms”) explain the contractual agreement between you, the person using this website (including the site which linked you to these Terms), (“our Site” “Site” “this Site” or “website”).
This Site is made available by Luna Nueva Tequila, and its subsidiaries, affiliates, parent companies, and any of their related businesses (referred to in these Terms & Conditions as “we”, “us” or “our”).
You accept such terms by using or benefitting from any aspect of this Site, in any manner whatsoever. Luna Nueva Tequila provides the content and materials contained in this Site to you alone, for your personal, non-commercial use.
You also acknowledge and accept that the Privacy Policy set forth, and is hereby incorporated here part of our Terms. Your viewing or use of the Site constitutes an acknowledgement by you that you have read, understand, and unconditionally accept all of the Terms of Use including the Privacy Policy.
UPDATES OF TERMS OF USE
You are hereby on notice that these Terms shall be revised from time to time, without notice, and at our complete discretion. It behooves you to review the Terms for revision prior to every use.
MUST BE 21 YEARS OLD OR OLDER
This Site is intended for use by you only if you are of legal age to purchase alcohol in your country and local jurisdiction of residence and in the country from which you are accessing the site and the geographical local where you are presently located. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should leave the Site immediately. By continuing to use this Site you represent and warrant that you are of a legal age to purchase alcohol under the criteria set forth in this paragraph, namely 21 years old within the United States.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist parents in limiting access to material that is harmful to minors. Further information about parental controls can be obtained at www.icra.org.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW. ANY USE OF THE SITE HEREINAFTER MEANS ACCEPTANCE OF THE TERMS & CONDITIONS INCLUDING THE PRIVACY POLICY.
1. Luna Nueva Tequila reserves All Rights for Site.
Any and all rights in all material and content (including, but not limited to, text, images, web pages, sound, software – including, without limitation code, interface and website structure- and postings, social media, links, video, and the look and feel, design and compilation thereof) collectively herein “Intellectual Property,”) at this Site are owned by us or our licensors.
You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors.
You shall not use in an unauthorized manner, copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
All reproduction of our Intellectual Property is strictly prohibited.
3. Copying Prohibited – You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use.
In this regard, you may only make (a) one machine readable copy, (b) one backup copy and (c) one print copy of the pages in this site.
All copying, in any format (e.g., electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws worldwide. You may not remove any copyright, trademark or other intellectual property or proprietary notices or legends contained on this website or its content.
YOU ARE ABSOLUTELY PROHIBITED FROM POSTING ALL OR PART OF ANY OF OUR MATERIAL OR CONTENT ON ANY WEBSITE WITHOUT OUR PRIOR WRITTEN PERMISSION WHICH PERMISSION WE MAY WITHHOLD IN OUR COMPLETE AND ABSOLUTE DISCRETION.
You shall not post anything on the Site that is the intellectual property of any other party. By posting or sharing information (e.g., picture, video, likeness, etc.) on or with the Site, you hereby transfer to us and relinquish your rights to such posting or information.
4. Terms of Use and Acceptable Usage Policy Relating To Message Boards
Message Boards & Posting exposures. Please be aware that you may be exposed to content posted by others, not within our control, for example on message boards or social media Postings (“Message Boards”), which may be inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of the Site, including any Message Boards and Postings, as defined below, shall be at your own risk and at your own peril, and you hereby agree that neither Luna Nueva Tequilaa nor the Site shall be responsible.
Reservation of Content Rights. We reserve the right, but not the obligation, to monitor and remove or alter any content which, in our sole discretion, constitutes, in our sole discretion, improper use of the Site or misconduct, and we may therefore, restrict, suspend or terminate your use of the Site including any services provided thereon, where we believe it appropriate.
Any content, information or material posted to a Message Board (“Postings”) will be deemed not to be confidential or secret. You understand that personal and other information (e.g. username, email address, phone number) that you post on or through Message Boards is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others.
You shall not include any other personally identifiable information about yourself, such as your social security number, driver’s license number or credit card number, or any other person in any Posting. We reserve the right, but not the obligation, to remove any postings that contain personally identifiable information or other information we believe, in our sole discretion, to be improper.
In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agree to, our Privacy Policy and the uses, which we may make of such information.
Luna Nueva Tequila and the Site shall not be liable for the use or misuse of any information or data, including personal information Postings or Message Boards.
No aliases; Postings shall be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas of the Site shall not misrepresent their identity or their affiliation with any person or entity.
Non-Commercial Use Only. Any interactive area of the Site is provided solely for your personal, non-commercial use. You shall not include in your Posting(s) or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without express written permission of Luna Nueva Tequila.
Any unauthorized use of any interactive area of this Site, its content or Postings is expressly prohibited.
Only Proper Postings. You represent and warrant that your that you have the rights to make your Postings, if any, and that your Postings are original to you, (this means, among other things that you did not reference or copy any other work for your posting, did not derive, nor were you inspired in your posting by any other work) are not obscene, vulgar, offensive, malicious, insulting to any person or group, discriminatory, culturally insensitive, defamatory or otherwise unlawful, libelous, pornographic, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, the laws or regulations of any country or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally.
We are not responsible for maintaining your Postings and we may delete, alter, or destroy them at any time.
You represent and warrant that no other party has any rights to the content of your Postings and that any “moral rights” or “droit moral” as those terms are defined under copyright law in your Postings have been waived, and you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Postings (in whole or part) and / or to incorporate them in other works in any form, media, or technology now known or later developed.
CONTENT, INFORMATION AND MATERIALS POSTED ON THE SITE BY USERS TO MESSAGE BOARDS ARE NOT ENDORSED BY Luna Nueva Tequila. IT IS YOUR RESPONSIBILITY TO EVALUATE AND CONFIRM THE ACCURACY OF INFORMATION PROVIDED BY OTHER USERS ON OR THROUGH MESSAGE BOARDS. The opinions expressed in Message Boards are not necessarily those of Luna Nueva Tequila. Any statements, advice and opinions made by third parties are those of such parties only. Luna Nueva Tequila shall not be responsible nor liable for any statements, advice, opinions or other content or materials from other parties.
5. YOU SHALL NOT AFFECT SYSTEM INTEGRITY.
You shall not, in any manner, directly or indirectly: damage, disable, overburden, or impair any or ours servers, or the network(s) connected to any or our servers, the efficiency and/or effectiveness of our website, or interfere with any other party’s use and enjoyment of our website. You shall not attempt to gain unauthorized access to any of our accounts, or computer systems by any means.
6. NO LIABILITY/ NO WARRANTIES.
THIS SITE AND ITS CONTENT, INCLUDING WITHOUT LIMITATION, FACTS, OPINIONS, AND RECIPES ARE PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW WE, (INCLUDING LUNA NUEVA TEQUILA’S OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS AND ASSIGNS), HEREBY DISCLAIM ALL LIABILITY AND YOU HEREBY WAIVE ANY CLAIMS AND CAUSES OF ACTION AGAINST US (INCLUDING LUNA NUEVA TEQUILA’S OFFICES, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS AND ASSIGNS) FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE) SUFFERED BY ANY PARTY AS A RESULT OF USE OF THE SITE OR FROM ANY COMPUTER VIRUS OR OTHER PROBLEM TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER SUCH LOSS, LIABILITY, CLAIM, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE, AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).
7. Propriety of materials submitted by you.
We do not solicit, nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, including without limitation ideas, creative concepts or suggestions relating to any facet of our business, products or potential business or products, by email, or in any other way.
Any information or material (including, without limitation any Postings) submitted shall be and shall be deemed not confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, including without limitation ideas, creative concepts or suggestions relating to any facet of Luna Nueva Tequila, the Site, or business, products or potential business or products, may be used, reproduced, exploited, and disclosed by us either in its original form or as modified by us without restriction for whatever purpose we deem fit and without payment of any sum, or any other form of consideration or remuneration or acknowledgement of you as their source. You also warrant that any “moral rights” or “droit moral,” as those terms are defined under copyright laws, in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
8. You are Responsible for Your Information.
You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
9. No Liability for Links from and to the Site.
You acknowledge and agree that we have no responsibility for the information provided by websites to which you may link from this Site (“Linked Sites”).
You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, claim, liability, or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
Unless you have a prior written agreement in effect with us that states otherwise, you may only provide a hypertext link to our website on another website if you comply with all of the following: (a) the link must be a text-only link clearly marked to the Luna Nueva Tequila site which linked you to these terms and conditions (b) the link must “point” to the front page of such site and not to other pages within the site; (c) the link, when activated by a user, must display our site full-screen and not within a “frame” on the linking website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time in our sole discretion.
10. You Will Indemnify.
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable governmental agencies or appropriate third parties. You will indemnify us against any loss, damage or cost incurred by us (including reasonable legal fees and investigative costs) arising out of or relating to your use of this Site, any of its services or any information accessible over or through this Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms or any other laws, regulations and rules.
You will also further indemnify us against any claims that information or material which you have submitted to us is in violation of any law or regulation or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, violation of rights of publicity, false light, false advertising, violation of trade secrets, breach of confidence, unfair competition, infringement of copyright or infringement of any other intellectual property right).
We reserve the right to exclusively defend, with counsel of our choice and to control any claims arising from the above and any such indemnification matters. You further agree that you will fully cooperate with us in any such defenses at no cost to Luna Nueva Tequila.
11. Site may restrict, suspend and/or terminate your use.
We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at our sole discretion, for any reason whatsoever, including if we believe that you have breached these Terms at any time. We may also remove or alter the Site as a whole or any sections or features of the Site at any time.
You understand and consent to our ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms, or as may otherwise be necessary.
12. Entire Agreement.
These Terms and Conditions, including our Privacy Policy, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us.
You agree to abide to the terms of all third-party agreements we may have regarding use of software.
If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect.
13. Our Relationship.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee between you and us. These Terms are an agreement between you, alone, and us, and are not intended to be for the benefit of any third party, except for the successor(s) or assigns(s) of Luna Nueva Tequila.
14. Disputes and Jurisdiction
Any controversy, cause of action, or claim brought by you against us arising out of, concerning, or relating to these terms or this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Alternatively, we may in our sole and absolute discretion commence a lawsuit regarding such controversy or claim in the Federal District Court in for the Southern District of New York. You hereby agree to the jurisdiction and venue of such court with respect to such suit and waive any objections to such jurisdiction and/or venue of such court. You further agree that the breach by you of any of we will be entitled to a preliminary injunction or temporary restraining order to prevent the continuance of such injury.
15. Notice
Except as explicitly stated otherwise or required by law, you shall provide any notices relating to these Terms by email to us at KP@LUNANUEVATEQUILA.COM
Export of Data – To the extent that software is accessible through this site, such software may be subject to export, re-export and/or import controls imposed by the United States or any other jurisdiction. It is your responsibility to familiarize yourself with such provisions and comply with them.

Privacy Policy

Last updated: February 18, 2021

Thank you for visiting our website, mobile website, application, app, mobile application or social media accounts (collectively, the “Site”).

This privacy policy (the “Privacy Policy”) is designed to assist you, the user (“User” or “you”), in understanding how Luna Nueva Tequila (“K & Soda” or “we”) collect, use, and protect any information you may provide to us on the Site where it is posted.

Our Terms and Conditions, available on our site, describe the terms and conditions governing your access to and use of the Site.

By utilizing the Site, you hereby consent and agree to be bound by both the Privacy Policy and the Terms and Conditions. If you do not agree to the terms of the Privacy Policy, cease using the Site immediately.

Luna Nueva Tequila is committed to complying with the Code of Responsible Marketing Practices of the Distilled Spirits Council of the United States (DISCUS). For more information, seehttps://www.distilledspirits.org/wp-content/uploads/2020/05/2020-DISCUS-Code-of-Responsible-Practices-Final.pdf.

California Users

If you are a resident of California, refer to the “California Privacy Rights and Supplemental California Privacy Notice” section, below.

Intended for Users 21+

DO NOT USE THIS SITE IF YOU ARE UNDER THE AGE OF 21.

If you are under 21 years of age and have entered this Site by providing a false date of birth, you must immediately leave this Site. Under no circumstances may you use this Site or submit personal information to us if you are under 21 years of age.

The Site is neither directed to, nor does Luna Nueva Tequila intend to knowingly collect personal information from persons under the age of 21. Luna Nueva Tequila is committed to compliance with all applicable regulations, laws, and rules, including those issued by the Children’s Online Privacy Protection Act.

What Information We Collect

We collect information. This includes, but is not limited to:

Contact information such as your name, address, email, online identifier, username, cell phone number, and/or date of birth;
Information you submit or post on the Site or online such as on social media sites,
Submitted requests or inquiries;
Participation in Site features such as loyalty or rewards programs if any;
Product and service requests or questions, if any;
Information related to social media activity such as posts, photos, followers, social media you follow, social media aliases or handles;
Demographic information (e.g., gender, age, zip code, etc.), information on interests (e.g., music or sports), preferences, and purchases;
Job application information when you contact us pertaining to employment;
Usage information. Such as the browser(s) used, the website(s) you came from or gone to after utilizing the Site, location information, if you have enabled location services in your device settings or otherwise available;
Device information, including IP address and device identifiers.
Methodology for Information Collection

Information is collected from various sources and across devices. By way of illustrating the foregoing, and without limitation, this includes:

Collecting information directly from you. Choosing not to provide some information may result in your inability to enjoy or rely upon full functionality or benefits from the Site.
Passive information collection, such as using standard web measurement and tracking technologies such as “cookies,” web server logs, web beacons (also known as “action tags” or “one pixel .gif files”), clear GIFs or other statistics programs. We do this on our Site (including mobile apps), and in emails sent to you.
Information from your web browser & usage. You may accept cookies, reject cookies, or receive notification when a cookie is sent, depending on your browser but you should note that the use of such restrictive browser settings may limit your use of the Site.
Accumulated information collection about users over time through Site usage, directly or through such means as third-party collect information this way, as well.
Third-party information such as information from business contractors or partners including, without limitation, social media users and sites.
Combined usage of information such as combining information we and third parties collected offline with information collected online, again over time, across multiple platforms and / or devices.
Use of Information

Your information may be used by Luna Nueva Tequila, and its agents or third parties may utilize your information in any number of ways including, without limitation, to:

Establish legal age to use Luna Nueva Tequila’s products and services including, without limitation, use of the Site;
Improve Luna Nueva Tequila’s products and services including the Site as well as to customize Site utilization;
Site protection, Site investigation, and prosecuting anyone harming the Site or its users including, without limitation, cooperation with law enforcement or private investigators;
Site improvement, problem solving, investigation, analysis, and improvement including, without limitation, as with server(s), software, databases, or technical or other issues relating to the Site, Luna Nueva Tequila, its products and services;
Tendering or providing Luna Nueva Tequila’s products and services, and information relating thereto, including loyalty and rewards programs, if any;
Communication and inquiry responses;
Analysis, management, improvement, alteration, and protection of the Site and/or Luna Nueva Tequila’s products and services (including, without limitation, analyzing preferences, interests, and shopping history and habits);
Upload information into our database, which may be hosted by a third-party database service provider.
Use your e-mail address or other information to send you a variety of e-mail communications such as (i) notices about Site local events and programs, (ii) newsletters from Site, (iii) solicitations to support a Site position on an issue, and (iv) solicitations concerning Luna Nueva Tequila.
Provide your name and mailing address to one of the direct mail service providers that may print and distributes print mailings on Site’s behalf.
Confirm your registration for real world or virtual events;
Luna Nueva Tequila’s business uses;
As part of our efforts to keep Site products, services, and integrations safe and secure;
To protect Site’s or others’ rights or property;
To provide you with location features and services, like telling you and your friends when something is going on nearby;
To measure or understand the effectiveness of ads you and others see, including to deliver relevant ads to you;
To make suggestions to you and other users on Site;
Internal operations, including without limitation, troubleshooting, data analysis, testing, research and service improvement. Granting us this permission not only allows us to provide Site as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
Notifications to you such as upcoming promotions, special or time-limited offers, offers for users registered with the Site or a Luna Nueva Tequila program, if any, any other services Luna Nueva Tequila determines, or to send mailings. Please also refer, below, to the section “Your Choices For Information Use”;
Advertising about Luna Nueva Tequila’s goods and services including, without limitation, promotional materials, contests and/or sweepstakes;
For any other purpose as otherwise permitted by law or stated at the time information is provided or collected.
To the extent personal information is voluntarily disclosed by you, such as name, email address, personal photographs in a community forum, such information may be collected and used by others and may result in unsolicited messages from other parties. We have no control over this type use of your personal information and are not responsible for any such consequences.

The Site and Luna Nueva Tequila shall NOT be responsible or liable for comments or actions of third-parties on the Site nor otherwise relating to or connected in any way with the Site.

Your Information May be Shared. We share information:

With Third parties and contractors such as advertisers, communications facilitators, promoters, vendors, contractors, or agents of the Site and/or Luna Nueva Tequila, or operating on their behalf;
In order to identify, contact or pursue legal action or defenses against any potential cause of injury to, liability to, or interference with Luna Nueva Tequila’s rights or property, or those of customers or other users of the Site, or anyone else who could be harmed or adversely affected by such activities; but under no circumstances shall Luna Nueva Tequila be obligated or in any way be liable for not taking such acts;
To effectively operate the Site and the Terms and Conditions of the Site;
Protect against, and make improvements to prevent from any liability, investigate and defend against any potential liabilities, claims, or allegations, and/or protect the security or integrity of the Site;
Responding to or in defense of, subpoenas, governmental authorities or investigation, judicial process, law enforcement in connection with an investigation, or otherwise as permitted by law, under good-faith belief that such action is necessary to comply with state and federal laws, rules, regulations, or where we deem it appropriate for the business uses of Luna Nueva Tequila, at our sole discretion;
Giving information to:
Affiliated or commonly owned entities, business partners, such as companies that co-sponsor a promotion, agents, contractors, and vendors;
Luna Nueva Tequila’s successor to all or part of its business or any entity acquired or affiliated at a later date including, without limitation, sharing of customer information;
Creditors, Investors or other parties of interest, in the event of our bankruptcy, insolvency, or reorganization; and
Any other reasons so long as it will be disclosed to you or as may be posted on the Site, from time to time.
Your Choices For Information Use

Affiliates, media partners, and/or third-parties will receive information from the Site or Luna Nueva Tequila in order to serve ads on our Site and/or on the sites on which we advertise. Accordingly, these parties and we may display interest-based advertising using gathered information including, without limitation information about you, over time, across multiple platforms, devices or other sites. Accordingly, unique cookies or web beacons may placed or recognized on your browser, computer, device, or server. These will enable recognition of a user or device including, without limitation, recognizing a cookie when a browser visits this Site to learn which advertisements bring users to our Site.

To learn more about these third-party companies, cookies and how to “opt-out” of this type of advertising, please go to http://www.aboutads.info/choices/

Opting-Out of Emails

To stop receiving our promotion emails, email us at unsubscribe@drink818.com or click on the link provided at the bottom of each email communication. Even if you opt out of receiving promotional messages, we will still send you messages as may be necessary under law, pertaining to an investigation, or pertinent to your questions and purchases.

Linked Sites

The Site also may link to other websites, including social media, which have different privacy policies. Links to other websites are provided solely as a convenience to you; Luna Nueva Tequila and the Site do not endorse such other websites. Your browsing, use and interaction on any other websites, including websites linking to the Site, are subject to that website’s policies. Accordingly, you should review the privacy policy posted on any website that you may access through, or which links to the Site.

Luna Nueva Tequila and the Site shall not be responsible for these other websites including, without limitation, collection, use or disclosure of information collected through third-party websites.

Luna Nueva Tequila and the Site hereby and expressly disclaim any liability related to or concerning such collection, use or disclosure including, without limitation, information or content contained on such sites.

You hereby consent to our use of information received from social media site(s), mobile devices, third parties, and/or your participation in social media linked to the Site, for any reason in accordance with this Privacy Policy, just as if it were submitted to us directly.

Social Sharing Features.

The Site may offer social sharing features and other integrated tools, such as the Facebook, Twitter, Instagram, and Pinterest buttons (e.g., “Share,” “Post,” “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Advertising and Analytics Services Provided by Others Interest-Based Ads.

In addition to the cookies we deliver to your computer or mobile device through our Sites, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. Other third parties may deliver cookies to your computer for the purpose of tracking your online behaviors across nonaffiliated websites and delivering targeted advertisements either on our Sites or on other websites.

You have choices about the collection of information by third parties on our Sites. For example, if you don’t want information about your visit to our Sites sent to Google Analytics, you may follow the link in the section labeled “Your Choices,” below. Please note that the Add-on does not prevent information from being sent to us.

In addition, if you would like to opt out of having participating entities track your online behavior for advertising purposes when you are browsing our Sites, you can follow the link provided in the section labeled “Your Choices,” below. You will be directed to an industry-developed website that allows you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information on our Sites do not participate in the Website Opt Out, in which case the best way to avoid third party tracking of your online behaviors may be through your browser settings and deletion of cookies.

Please note that the Website Opt Out are device specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need take the steps outlined above from each device.

Customized Ad Campaigns.

The Site and Luna Nueva Tequila may also work with third party social media sites, such as Facebook, to serve ads to you as part of a customized campaign, unless you notify us that you prefer not to have information about you used in this way.

Security Procedures

Use of the internet is inherently risky. The Internet is never perfectly secure, nor do we guarantee the security of any information so transmitted.

Although the Site engages in reasonable precautions, and implements reasonable technical measures against unauthorized access to, erroneous disclosure of, and unlawful interception of personal information submitted via the Site or otherwise collected or possessed by Luna Nueva Tequila, neither the Site nor Luna Nueva Tequila can guarantee that information may not be accessed, disclosed, altered, or destroyed whether as a result of a breach of our efforts, any other event beyond our reasonable control, or otherwise. Accordingly, information provided by you, information about you, or information concerning your history with the Site may not secure and safe from risks.

Any and all representations or warranties, whether express or implied, with respect to ensuring, for specific purposes or otherwise, guaranteeing or otherwise offering any definitive promise of security in connection with your information are hereby expressly waived by you and shall be disclaimed.

United States Only

The Site is intended exclusively for United States users.

By using the Site, you agree and acknowledge that the Site is hosted in the United States and that data collected through the Site will be stored and processed in the United States. Please be advised that your use of the Site is governed by U.S. law, this Privacy Policy, and the Terms and Conditions.

Your information may be stored, transferred and/or processed in and to the United States, and in other countries by our affiliates and/or service providers. The data protection laws in these countries may provide a lower standard of protection than your country of residence. We will transfer information in compliance with applicable laws and will implement reasonable safeguards to ensure adequate secured by any third party accessing your information (for instance, by using the Model Clauses as approved by the European Commission).

By using our Site and providing information to us, you consent to the terms of this Privacy Policy and the collection, use, maintenance, transfer to and processing of your personal data in the United States or other countries or territories, and, unless otherwise stated in this Privacy Policy, we use this consent as the legal basis for any data transfer.

Privacy Policy May Be Altered Without Any Prior Notification.

This Privacy Policy may be updated from time to time, at the Site’s sole discretion. You are solely responsible for reviewing for any changes, alterations, or deletions to the Privacy Policy. The Site may take one or more of the following steps, but is not obligated to do so note the date the Privacy Policy was last updated.

Your use of the Site following any such updated Privacy Policy shall be deemed acceptance of the revised policy. It behooves you to review the Privacy Policy upon prior to every use and periodically.

If we are required by law to obtain your express consent for any changes to the Privacy Policy, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.

California Privacy Rights and Supplemental California Privacy Notice

The California Consumer Privacy Act of 2018 (“CCPA”) requires additional information to California residents.

The section entitled “What Information We Collect” above lists the categories of personal information we have collected about California residents in the preceding 12 months. These categories of personal information correspond with the following categories of personal information provided under the CCPA:

Identifiers including name, postal address, unique personal identifier, online identifier, username, IP address, email address and account name;
Information that identifies or is capable of being associated with you, including payment information, social media information, and, if you submit a resume when applying to work for us, information about your employment and employment history;
Information about products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
Internet or other electronic network activity information;
If you submit a resume when applying to work for us with information about your education, such education information;
Inferences drawn from any of the information identified above reflecting your preferences and characteristics.
The Site explains, above under the section “Methodology for Information Collection” the sources from which we collect personal information. In the Section, above, “Use of Information” the Site explains the business and commercial purposes for which we collect California residents’ personal information. As described above in the section entitled “Your Information May Be Shared” it is explained in detail how California residents’ information may be shared and/or disclosed including, without limitation, as follows:

Sharing your personal information for business purposes: we may share the following categories of your personal information with service providers, third parties, business partners, public or government (including enforcement) authorities, creditors, and successors for our business purposes: identifiers, information capable of being associated with you, information about products and services, internet or other electronic activity information (as described above), information related to job applicants (if submitted), and inferences drawn from information about you. As described above, examples of business purposes include performing transactions, registering accounts, managing our relationship with you, and monitoring for security threats and fraud.
Sharing your personal information for commercial or other purposes: we may share the following categories of your personal information with third parties, business partners, and affiliates in a manner that constitutes a “sale” under California law: identifiers, information capable of being associated with you, information about products and services, internet or other electronic activity information (as described above), information related to job applicants (if submitted), and inferences drawn from information about you. This information may be shared for the following purposes: personalization, analytics, marketing, retargeting, and sales.
California Residents’ Privacy Rights

Subject to certain exceptions and qualifications, as a California resident, you have the right to: (i) request access to your personal information; (ii) request deletion of your personal information; (iii) request information about the personal information about you that we have “sold” (as such term is defined under California law) to third parties within the past 12 months; and (iv) opt-out of the “sale” of your personal information, as detailed above.

Do Not Sell My Information. To opt-out of the sale of your personal information as described in this section, click here.
Should you wish to request the exercise of your other rights as detailed above with regard to your personal information, to the extent required by applicable law, we shall respond to your request to exercise your rights above upon your request submitted in to one of the options provided below in the “Contact Us” section. We may need to take steps, including to request additional information from you, to verify your identity. Please indicate in your request that you are a California resident making a “California privacy rights” inquiry.
California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:

• On our Privacy Policy Page

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices, the Site will notify the users via in-site notification within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to send information, respond to inquiries, and/or other requests or questions

To be in accordance with CANSPAM, we agree to the following:

• Not use false or misleading subjects or email addresses.

• Identify the message as an advertisement in some reasonable way.

• Include the physical address of our business or site headquarters.

• Monitor third-party email marketing services for compliance, if one is used.

• Honor opt-out/unsubscribe requests quickly.

• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at unsubscribe@drink818.com
• Follow the instructions at the bottom of each email and the Site we will promptly remove you from ALL correspondence.

Mobile Applications

From time to time, we may offer certain mobile applications, including iOS applications (“Apps”), for download. We will use commercially reasonable efforts, given the limitations imposed upon us by third party providers such as Apple Inc. and Google Inc., to clearly disclose what, if any information is collected by the particular App, how it is used, and with whom it is shared. Please note, certain practices are outside of our control, for example, tracking by Google, Inc., Apple, Inc., or your third-party telecommunications carrier.

The Site and Luna Nueva Tequila are not responsible for the actions of such third parties. You should always read and understand the policies of any third party provider, such as Google with respect to Android apps and Apple with respect to IOS apps, and your wireless carrier, before making any purchase or downloading any app.

Contact Us

If you have any questions or comments regarding this Privacy Policy email us at info@drink818.com.

Thank you for visiting our site.

Disclaimer

It is important to note that efforts to the website are ongoing as we work to implement the relevant improvements to meet WCAG 2.1 A/AA guidelines over time.

Luna Nueva Tequila continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.

Despite our efforts to make all pages and content on Luna Nueva Tequila fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.

LIVE 24/7 ACCESSIBILITY SUPPORT

If you are having any issues relating to assistive technology, including screen readers, keyboard access, or other issues relating to the accessibility of our website, we want to help you achieve what you came to do. A live agent is standing by, ready to take your toll-free call and help resolve your issue together. Email kp@lunanuevatequila.com and be sure to specify the web page so we can look into making that page accessible for you. We greatly value your questions and comments.

Third Party Applications

While you are visiting our site, you will notice that we make use of third-party sites such as, YouTube, Facebook, Instagram, Twitter, and Pinterest to provide information about Luna Nueva Tequila. Though individuals may have challenges with access to these particular sites, Luna Nueva Tequila does not control or remedy the way content is portrayed.