Welcome to La Chancla! The terms "we," "us," and "our" refer to La Chancla. La Chancla Wine is a registered trade name (DBA) of Texas Red Wines LLC, a Texas limited liability company. La Chancla operates this online store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated wine shopping experience (the "Services"). La Chancla is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. These Terms are governed by the laws of the State of Texas and applicable federal law, including the Federal Alcohol Administration Act (27 U.S.C. § 201 et seq.) and the 21st Amendment Enforcement Act.

Please read these Terms of Service carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, you should not use or access our Services.

 

YOU MUST BE AT LEAST 21 YEARS OF AGE TO ACCESS OR PURCHASE FROM THIS WEBSITE. Wine and other alcoholic beverages are age-restricted products regulated under the Texas Alcoholic Beverage Code ("TABC") and federal law. By using this website, placing an order, or checking the age-affirmation box on our site, you represent, warrant, and certify under penalty of law that you are at least 21 years of age.

If you are under 21, you are prohibited from accessing this website for any reason whatsoever, including browsing. We actively screen orders and reserve the right to require documentary proof of age at any time. Any misrepresentation of age is a violation of these Terms and may constitute a violation of applicable law.

As required by Texas law, an adult signature (21+) with valid government-issued photo ID is required at time of delivery. Our carriers will not leave alcoholic beverage shipments unattended or with a person who cannot verify their age. If no eligible adult is available to accept delivery after repeated attempts, the package will be returned to us and a restocking fee may apply.

 

By agreeing to these Terms, you represent that you are at least 21 years of age and legally permitted to purchase alcoholic beverages under the laws of your state and locality. You have given us your consent to allow any of your adult (21+) dependents to use the Services on devices you own, purchase, or manage, provided such use is lawful in their jurisdiction.

To use the Services, you may be asked to provide your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

 

La Chancla operates under licenses issued by the Texas Alcoholic Beverage Commission (TABC) and complies with all applicable state and federal alcohol laws. The following restrictions apply to all purchases:

(a)  Geographic Restrictions. We may only ship wine to states and localities where direct-to-consumer wine shipping is legally permitted. It is unlawful for us to ship to dry counties, dry cities, or jurisdictions that prohibit the importation of wine. You are responsible for knowing whether receipt of wine shipments is lawful at your delivery address. We reserve the right to refuse or cancel any order destined for a restricted location without notice.

(b)  Texas Shipment Limits. Pursuant to Texas Alcoholic Beverage Code § 16.09, direct shipments to any single Texas consumer may not exceed nine (9) gallons of wine per calendar month or thirty-six (36) gallons per twelve-month period. Orders exceeding these limits will be declined or adjusted.

(c)  Carrier Permit Requirement. All shipments of wine within Texas will be made only through carriers holding a valid TABC Carrier's Permit as required by law. Packages will be labeled in accordance with Texas Alcoholic Beverage Code § 16.09(b) and applicable federal carrier regulations.

(d)  No Sales to Intoxicated Persons. We will not knowingly complete a sale or delivery to any person who appears to be intoxicated.

(e)  No Resale. All purchases are for personal or household use only. The resale, brokering, or commercial redistribution of wine purchased through our Services is prohibited without appropriate state and federal licensing.

(f)  Federal Law Compliance. All sales and shipments comply with the Federal Alcohol Administration Act (27 U.S.C. § 201 et seq.), the 21st Amendment Enforcement Act (27 U.S.C. § 122a), and all applicable TTB (Alcohol and Tobacco Tax and Trade Bureau) regulations.

 

We have made every effort to accurately represent our products and services. However, colors or product appearance may differ from how they appear on your device due to display settings and configuration. We do not warrant that the appearance, quality, or taste of any product purchased will meet your expectations or match depictions on our site.

All product descriptions are subject to change at any time without notice at our sole discretion. Vintage availability and varietal composition may vary. We reserve the right to discontinue any product, substitute a comparable vintage, or limit quantities offered to any person, geographic region, or jurisdiction at any time.

 

When you place an order, you are making an offer to purchase. La Chancla reserves the right to accept or decline your order for any reason at its sole discretion, including but not limited to regulatory compliance, shipping restrictions, or inventory limitations. Your order is not accepted until La Chancla confirms acceptance in writing (including by email).

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as La Chancla may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, or phone number provided at time of order.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK]. Note that due to the perishable nature of wine and applicable state regulations, returns may be limited.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

 

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include applicable Texas state and local sales taxes, excise taxes, shipping, handling, or other charges. Texas sales tax will be applied to all taxable transactions in accordance with Texas Tax Code Chapter 151.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred will be honored by your financial institution; and (iv) you will pay all charges at posted prices, including all applicable taxes and fees.

 

All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, weather events, TABC regulatory review, customs processing, local ordinances, or other events outside our control.

Title to, and risk of loss of, all wine passes to the buyer once the product is tendered to the licensed carrier. By purchasing from us, you authorize the carrier to act as your agent for purposes of receiving and transporting the wine from our facility to your delivery address.

Adult Signature Required: All wine shipments require the signature of a person 21 years of age or older at the time of delivery. A valid government-issued photo ID must be presented to the delivery driver. Packages cannot be left unattended under any circumstances. Delivery drivers are authorized and required to refuse delivery if the recipient cannot provide a valid ID, appears to be under 21, or appears to be intoxicated.

It is your responsibility to ensure someone 21 or older will be available to accept the shipment at the delivery address. If a delivery cannot be completed after reasonable attempts, the shipment will be returned to us. You may be responsible for return shipping costs and a restocking fee.

 

Our Services, including all trademarks, brands, text, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by La Chancla, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Services without our prior written consent. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved by La Chancla.

LA CHANCLA WINE is a federally registered trademark of Texas Red Wines LLC, registered with the United States Patent and Trademark Office (USPTO). All of La Chancla’s names, logos, product and service names, designs, and slogans are trademarks or registered trademarks of Texas Red Wines LLC (DBA La Chancla Wine) or its affiliates or licensors and may not be used without prior written permission. Shopify’s name, logos, and marks are trademarks of Shopify Inc. Unauthorized use of any of the foregoing marks may constitute trademark infringement under 15 U.S.C. § 1114 and related state law.

 

You may be provided access to optional tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties of any kind. We shall have no liability whatsoever arising from your use of optional third-party tools.

The Services may also contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party websites. If you choose to leave our Services to access third-party sites, you do so at your own risk. Complaints or claims regarding third-party products or services should be directed to the applicable third party.

 

[NOTE TO MERCHANT: This section should not be removed or modified.] La Chancla is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with La Chancla. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and La Chancla, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with La Chancla.

 

All personal information we collect through the Services is subject to our Privacy Policy [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify and third-party partners located in other countries. Please review our Privacy Policy [LINK] for complete details.

 

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback will comply with these Terms.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, defamatory, obscene, or otherwise objectionable. You are solely responsible for any Feedback you make and its accuracy.

 

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors, update information, or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

 

You may access and use the Services for lawful purposes only. You may not, directly or indirectly: (a) use the Services for any unlawful or malicious purpose; (b) violate any international, federal, Texas, or local regulations, rules, laws, or ordinances, including those of the TABC; (c) infringe upon our intellectual property rights or those of others; (d) harass, abuse, insult, harm, defame, or intimidate any person; (e) transmit false or misleading information, including misrepresentations of age; (f) purchase wine for the purpose of providing it to persons under 21; (g) transmit spam or unsolicited solicitations; (h) impersonate any other person or entity; or (i) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Additionally, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, sell, or exploit any portion of the Services; (c) collect the personal information of others; (d) spam, phish, spider, crawl, or scrape the Services; or (e) circumvent the security features of the Services or any related website. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

 

We may terminate this agreement or your access to the Services at any time without notice at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

 

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LA CHANCLA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE LIABILITY CANNOT BE EXCLUDED BY LAW, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE ORDER GIVING RISE TO THE CLAIM.

 

You agree to indemnify, defend, and hold harmless La Chancla, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or any policies referenced herein; (2) your violation of any law, including any Texas or federal alcohol law, or the rights of a third party; (3) your misrepresentation of age or eligibility to purchase alcoholic beverages; or (4) your access to and use of the Services.

We will notify you of any indemnifiable claim, and we may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).

 

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, whether oral or written.

 

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

 

These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Texas and applicable federal law, without regard to conflict of law principles. You and La Chancla consent to venue and personal jurisdiction in the state and federal courts located in Dallas County, Texas.

Any dispute, claim, or controversy arising out of or relating to these Terms or the purchase of our products shall first be subject to good-faith negotiation between the parties for a period of thirty (30) days before initiating formal legal proceedings. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time on this page.

 

Questions about the Terms of Service should be sent to us at info@lachanclawine.com.

 

La Chancla Wine, a DBA of Texas Red Wines LLC

Email: info@lachanclawine.com

2149 US 380 Brownfield, Texas 79316

Contact Address:

PO BOX 195163

Dallas, TX 75219