Terms of Use

These Terms of Use are a binding agreement. Please read them carefully. By accessing or using www.denadatequila.com (the "Site") or purchasing products through it, you agree to these Terms. If you do not agree, do not use the Site.

1. Who We Are

The Site is operated by DNA Spirits, LLC d/b/a De Nada Tequila ("De Nada," "we," "us," or "our"). De Nada® and De-Nada® are federally registered trademarks of DNA Spirits, LLC. Orders placed through the Site are fulfilled by independent licensed alcohol retailers, as described below.

2. Eligibility; Age Requirement

This Site is intended solely for individuals who are 21 years of age or older. By using the Site you represent and warrant that you are at least 21 years old. We do not knowingly collect information from, market to, or sell products to anyone under 21. If you are under 21, you must leave the Site immediately.

3. Responsible Consumption

De Nada encourages responsible consumption of alcohol. Alcoholic beverages should be consumed in moderation and only by persons of legal drinking age. GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Do not drink and drive. Nothing on this Site is intended to encourage excessive or irresponsible consumption, or consumption by minors.

4. The Sale of Alcoholic Beverages

All orders are fulfilled by independent licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor De Nada sell alcohol to persons under the age of 21. By placing an order, you swear, affirm, and represent that you are over the legal age required to buy alcoholic beverages and that YOU ARE PURCHASING SOLELY FOR (i) SELF CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD. YOU ALSO AFFIRM THAT THE STATE IN WHICH YOU ARE ORDERING AND THE STATE TO WHICH YOU ARE ASKING US TO DELIVER PERMIT THE SALE AND DELIVERY OF ALCOHOLIC BEVERAGES.

We will rely upon the foregoing representations. If we or a fulfilling retailer are held liable because your representations are not true, you agree to indemnify and reimburse us and the retailer(s) that sold the alcohol products for all costs, expenses (including reasonable attorneys' fees), and damages we or the retailer(s) suffer or incur.

All orders placed on the Site are subject to acceptance and shipment by a licensed liquor retail store in our network, and no order is deemed accepted until it is shipped by the retailer. Pursuant to applicable laws and regulations, the retailer may refuse to accept or fulfill any order for any reason, including a technological mistake or "glitch" in the transmission of pricing. No contractual obligation to sell and ship attaches or is final or binding on the licensed retailer unless and until the retailer accepts and ships the order, even if your credit or debit card is authorized or charged at the time of order placement; in that event, your card will be credited back in full.

An adult (21+) signature is required upon delivery of all alcohol orders. You acknowledge that the person receiving a shipment of alcoholic beverages from the licensed retailer must be at least 21 years old and may be required to present valid government-issued identification. You agree that you are not permitted to resell alcohol purchased through the Site.

The sale of these alcoholic beverages will appear on your bank statement as "BEVSTACK-WINE/LIQR".

5. Pricing and Product Information

Prices, product descriptions, and availability are subject to change at any time without notice. Suggested retail prices shown on the Site may differ from prices at independent retailers. We strive for accuracy but do not warrant that product descriptions, images, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free. In the event of a pricing or descriptive error, we and the fulfilling retailer reserve the right to cancel any order and refund amounts charged.

6. Returns; Missing, Incorrect, or Damaged Goods

All sales are final; returns and exchanges are not accepted. Due to U.S. state laws governing the shipment of alcohol, we cannot accept returns of damaged or defective items. However, if your item arrives damaged or defective, you may request a refund or replacement by emailing orders@denadatequila.com within 3 days of receiving your order, with clear photos or videos of the damaged or defective product as proof. Once we receive and review the proof, we will notify you via email of the approval or rejection of your request. If approved, a credit will be applied to your original method of payment.

7. Failure to Deliver

If you enter an incorrect delivery address or fail to sign for your order upon delivery, email orders@denadatequila.com. If your order is returned to the sender, you may receive a refund for the cost of your items, minus applicable shipping costs and a restocking fee.

8. Intellectual Property

The Site and all of its content, including the De Nada® and De-Nada® marks (federally registered trademarks of DNA Spirits, LLC), the De Nada Tequila brand name, logos, trade dress, bottle and label designs, text, graphics, photographs, videos, and software, are owned by or licensed to DNA Spirits, LLC and are protected by United States and international copyright, trademark, and other intellectual property laws. No claim of exclusive rights is made to the word "tequila" apart from the marks as a whole. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. No content may be copied, reproduced, republished, distributed, modified, or used to create derivative works without our prior written consent. All rights not expressly granted are reserved.

9. User Content and Social Media

If you tag, mention, or otherwise share content featuring De Nada (including via @denadatequila or brand hashtags), you grant De Nada a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, display, distribute, adapt, and publish that content, together with your social media handle, in our marketing channels, on the Site, and in advertising, without further notice or compensation. You represent that you own or control the rights to any content you share, that everyone depicted is 21 or older, and that our use will not violate any third party's rights. We may decline to use, or remove, any content at our discretion.

10. Prohibited Conduct

You agree not to: (a) use the Site if you are under 21; (b) provide false information, including false age or delivery-state attestations; (c) purchase products for resale or for delivery to anyone under 21; (d) interfere with the operation or security of the Site; (e) use any automated means to access or scrape the Site; (f) impersonate any person or entity; or (g) use the Site for any unlawful purpose.

11. Third-Party Sites and Services

The Site links to third-party websites and services, including our online store and checkout (operated with third-party commerce and fulfillment partners), social media platforms, and other resources. We do not control and are not responsible for third-party sites, their content, or their privacy or commercial practices. Your use of third-party sites is at your own risk and subject to their terms.

12. Disclaimer of Warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DE NADA, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, FULFILLING RETAILERS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless De Nada and its officers, directors, members, employees, agents, suppliers, distributors, fulfilling retailers, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; (c) any false attestation regarding age or delivery jurisdiction; or (d) content you submit or share.

15. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any product purchased through the Site that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in New York, New York, or, at your election, by remote proceedings. YOU AND DE NADA EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Claims may be brought only in an individual capacity. Either party may bring qualifying claims in small claims court instead. This Section does not apply to claims for injunctive relief regarding intellectual property.

16. Governing Law

These Terms and any dispute arising out of them are governed by the laws of the State of New York, without regard to its conflict of laws principles, and, where applicable, the Federal Arbitration Act.

17. Termination; Changes

We may suspend or terminate your access to the Site at any time, with or without cause or notice. We may modify these Terms at any time by posting the revised Terms on the Site; the revised Terms take effect upon posting, and your continued use of the Site constitutes acceptance. Sections that by their nature should survive termination (including Sections 8, 9, and 12 through 16) survive.

18. Severability; Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and De Nada regarding the Site.

19. Contact

Questions about these Terms: orders@denadatequila.com, or by mail at De Nada Tequila (DNA Spirits, LLC), 148 South Liberty Drive, Stony Point, NY 10980.