New Motion Beverages, LLC (“we” or “New Motion”l) is a brewery located in the city of San Diego, California. Our operations include a brick and mortar location and this online shop (the “Shop”). All sales of products, including beverages, apparel, glassware and merchandise (the “Products”), occur on these grounds whether they are initiated in person or via the Shop. The buyer (“You” or “you”) is visiting our digital menu and agree that your purchases of Products are made in the state of California.
Below are additional terms and conditions that supplement our site Terms and Conditions. Please review. Any purchase of Products from our Shop shall be done in accordance with our Terms and Conditions and the supplemental conditions that follow.
AGE REQUIREMENT:
You must be 21 or older to purchase alcohol Products. You represent to us that you are indeed 21 or older. Someone over the age of 21 will be required to be present at the time of delivery.
PICK-UP AND SALE LOCATION:
All sales of Products are completed at our tasting room, and San Diego pickup is located here as well. Below is our address:
New Motion Beverages and Embolden Beer Company
8655 Production Ave. STE A
San Diego, CA, 92121
PICK-UP TIME FRAME:
Pick-up Product(s) will be held at the San Diego tasting room for 5 days after the order is placed. If the Product(s) is not picked up within 5 days after the order is placed, the Product(s) will be placed back into inventory without a refund.
PROXIES:
Proxies will be allowed only if (1) the proxy is named in the order notes and (2) the proxy provides state or federal identification matching the proxy listed in the order notes at pick up.
CANCELLATION CONDITIONS:
In the event of extenuating circumstances, our wonderful staff may elect to issue a refund to you for 90% of the purchase price, with the remaining fees collected as compensation for merchant fees and restocking. Please always contact [email protected] with questions about orders.
SHIPPING CONDITIONS:
Restricted Shipping: Pursuant to existing laws and carrier requirements, we are only able to ship alcoholic beverages to the following states:
California and Arizona.
Merchandise (if ordered without alcoholic beverages) is eligible to be shipped to addresses within the United States.
Dry Zip Code Limitations: We cannot ship to zip codes that have enacted local option to exclude the sale or shipment of alcoholic beverages. By purchasing Products, you verify that you have checked your local laws and have confirmed that importation of alcoholic beverages is permitted.
Shipping Address Limitations: We cannot ship to PO Boxes, APO/FPO addresses, Mail Boxes, or internationally.
Adult Signature is Required: As these Products contain alcohol, we are required to ship with an Adult Signature Required sticker, which means you will be required to show your ID to the delivery driver prior to taking delivery. Adult Signature Required Stickers require an additional surcharge which will be passed on to the purchaser. In the interest of avoiding missing deliveries, we suggest using your place of work as the delivery location. You may also opt to pick up your package at a shipping facility near you. If the recipient is found to be under the age of 21 by the shipping company, the order will be returned and no refund will be given.
Pricing and Inventory: Price and availability are subject to change without notice. Once your payment is confirmed we will make every effort to ship your order within 5 business days. Some orders may take a little longer during peak seasons. If you place an order and an item is out of stock we will contact you and ask you if you would like a refund or if you would like to wait until we receive the product. We retain the right to refuse any order.
Returned Packages: If your package of Products is returned to us, we may re-ship it to you for an additional shipping charge equal to the actual shipping cost. Any order that is refused or returned after three attempts to deliver will not be refunded. Shipping and packaging charges will not be refunded. In addition, the buyer will be responsible for any additional fees incurred to have the product returned to us.
Shipping Containers: In addition to the Adult Signature requirement, we are required to ship all alcohol Products in approved shipping containers to ensure they are handled properly. All shipping package costs will be added to your total at checkout.
Title and Responsibility: The title to Products is passed to you at the time of the sale and you remain responsible for shipping costs, including insurance. New Motion makes no representation to the legal rights of anyone to ship or import beverages containing alcohol. You authorize New Motion to act on your behalf to engage a common carrier to deliver your order to you.
Importing Products: If you require us to ship your purchased Products to you in your home state, you agree that you have read these terms and understand that when you import these Products into your state that it may require you to have a license or registration to do so and to pay applicable state taxes in your state. New Motion assumes no obligation and bears no responsibility whatsoever for applying for or obtaining any such permits or licenses. We strongly suggest that you investigate your state laws and determine the manner in which alcoholic beverages may lawfully be brought back home. You shall be responsible for all applicable excise, use and sales taxes due to their state related to the purchase of any taxable Products.
Liability for Damage: We are not liable for damages to Products caused by weather conditions and/or “Acts of God” during transportation. “Acts of God” include catastrophes such as, but not limited to, plane crashes, unforeseeable delays or accidents, destruction due to domestic and international unrest (i.e. riots, war, public enemies) confiscation, quarantine, or natural disaster.