Effective Date: May 27, 2025

By using our website or placing an order through BigHammerWines.com (“Site”), you agree to these Terms and Conditions (“Terms”). These Terms govern your use of our Site and services. Throughout this document, “Big Hammer Wines,” “we,” “us,” or “our” refers to Martellotto Inc. and its affiliates.

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1. Age Restriction

You must be 21 years or older to purchase wine or access alcohol-related content on our Site. By placing an order, you affirm that you and the recipient are 21+. A valid government-issued ID is required upon delivery. This is both a state and federal law and no exceptions will be made.

2. Orders, Pricing & Payment

All orders must be paid in full before shipping. We reserve the right to cancel or adjust orders due to errors in pricing, typographical mistakes, inventory discrepancies, or invalid promotional codes.

Typographical & System Error Safe Harbor

We reserve the right to correct any errors, inaccuracies, or omissions and to modify or cancel orders affected by such errors. This includes pricing mistakes, product description errors, availability errors, or system malfunctions. Your sole remedy is a refund of the purchase price for the affected items.

3. Comparable Prices & Market Value

Any “Compare At,” “MSRP,” or reference price may reflect winery release price, MSRP, market pricing, or similar items, and may not represent a former selling price at BigHammerWines.com.

See our Pricing Policy for full details.

4. Exclusive & Private Label Wines

Some wines are exclusive or private-label offerings not available in national distribution. Comparable pricing for such wines may reflect market estimates rather than historical pricing.

5. Title & Compliance

All wine is sold in California. Title passes to you when the product leaves our warehouse. You are responsible for compliance with destination-state laws.

6. Shipping & Delivery

We are not liable for delays caused by weather, carrier issues, incorrect addresses, or conditions beyond our control. If the weather is below 25 degree Fahrenheit or above 85 degrees Fahrenheit, we recommend you choose expedited shipping. Or, we may hold your shipment until weather is safe to ship. We offer storage of your order at our warehouse for an additional fee. As a customer service, from time to time, we will make an effort to file a claim on your behalf with carriers who damage or delay your order. In all cases, photos are required to file a damage claim and these can be sent to sales@bighammerwines.com

Please be sure to review our Shipping policy.

Force Majeure

BigHammerWines.com is not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, extreme weather, grid failures, supply chain breakdowns, labor shortages, government actions, or failures of third-party carriers or systems.

7. Tracking & Accounts

By providing your email or phone number, you consent to receive transactional and marketing communications. You may opt out at any time. Message and data rates may apply.

8. Returns, Cancellations & Restocking

Contact us within 14 days if dissatisfied. Returns must be unopened and in original packaging. A 20% restocking fee may apply. From time to time, we offer cellar selections, old and rare wines that are more than five years old and these wines are ineligible for any return or restocking.

California Alcohol Return Restrictions

California law generally prohibits returns of alcoholic beverages except where the product is spoiled, contaminated, or shipped in error. Returns cannot be granted for taste preferences, over-purchasing, or buyer’s remorse.

Nevertheless, we will make an effort to ensure your satisfaction with your order.

9. Insurance

Shipments are insured up to $100 unless additional insurance is purchased. Weather-related damage is not covered without prior arrangement.

10. Product Information & Wine Variations

Descriptions, ratings, and tasting notes may come from third parties and may not reflect real-time updates.

Vintage Substitution

Suppliers may occasionally deliver a different vintage than listed. We will notify you if substitution is necessary. Your sole remedy is cancellation or refund prior to shipment.

Critic Score Disclaimer

Critic scores may refer to different vintages or bottlings and are provided for informational purposes only. No guarantee is made that scores apply to the exact bottle shipped.

11. No Reliance

You acknowledge that you are not relying on comparable prices, discount statements, critic scores, tasting notes, or marketing content when making purchase decisions.

12. Rewards Program (BHW Bucks / Smile.io)

Rewards have no cash value and may be modified, suspended, or discontinued at any time. Unredeemed points may expire or be forfeited. We are not responsible for third-party platform issues or data loss.

13. Fraud Screening, Misuse & Termination

All orders are subject to fraud screening. We may cancel orders or suspend accounts for:

• fraud or suspected fraud
• chargeback abuse
• duplicate accounts
• misuse of promotions or rewards
• abusive behavior toward customer support

Chargeback Abuse Fee Recovery

If you file an unjustified chargeback, BigHammerWines.com reserves the right to recover product value, shipping fees, merchant processing fees, administrative time, and collection costs.

14. User-Generated Content

Users are responsible for their own reviews and comments. We are not liable for user-generated content.

15. Digital Publishing Disclaimer

We may revise or remove offers, images, and descriptions at any time. We are not liable for reliance on outdated or inaccurate content.

16. Wine as an Agricultural Product

Wine may vary naturally in aroma, flavor, sediment, and bottle condition. We disclaim all implied warranties of merchantability and fitness for a particular purpose.

17. Limitation of Liability

We are not liable for indirect, incidental, consequential, punitive, or special damages. Total liability shall not exceed the amount paid for the product giving rise to the claim.

California Civil Code §1542 Waiver

You waive all rights under Civil Code §1542, which states that a general release does not extend to unknown claims. This waiver applies to all disputes related to the Site or products.

18. Indemnification

You agree to indemnify, defend, and hold harmless BigHammerWines.com from any claims, damages, losses, liabilities, and expenses arising from your use of the Site, violation of these Terms, or violation of applicable laws.

19. Binding Arbitration & Class Action Waiver

Any dispute relating to your use of the Site or purchase of products shall be resolved by individual binding arbitration administered by the American Arbitration Association (AAA).

• No class actions
• No class arbitration
• No representative suits
• No private attorney general actions

You waive the right to a jury trial. The arbitrator shall decide issues of enforceability and scope.

20. Governing Law

These Terms are governed by California law. Claims not subject to arbitration must be brought exclusively in San Diego County courts.

21. Privacy Rights

See our Privacy Policy for CCPA/CPRA rights including access, deletion, correction, and opt-out rights.

22. Proposition 65 Notice

Alcohol may increase cancer risk and cause birth defects. See P65Warnings.ca.gov/alcohol.

23. Changes to Terms

We may update these Terms at any time by posting revised versions. Your continued use of the Site constitutes acceptance.

24. Contact Us

Email: sales@bighammerwines.com
Address: 13831 Danielson St. Poway, CA 92064

Pricing Policy & Comparable Price Methodology

At BigHammerWines.com, we believe in transparency about how we present prices, discounts, and any “Compare At” or reference pricing. This page explains how our pricing information is determined and how you should interpret it as a customer.

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1. What “Compare At” and Other Reference Prices Mean

On some product pages and promotions, you may see reference prices such as “Compare At,” “Original Price,” “MSRP,” “Market Price,” or similar terms (collectively, “Comparable Prices”). These values are provided as informational reference points only and do not necessarily represent a former selling price charged by BigHammerWines.com for that specific product.

Comparable Prices may reflect one or more of the following:

• Winery release price or tasting-room price
• Manufacturer’s suggested retail price (MSRP)
• Publicly advertised prices from other retailers, where available
• Industry-standard estimates of market value for similar wines of comparable region, varietal, vintage, and quality tier

Because wine pricing can vary widely by region, retailer, and time, Comparable Prices should be viewed as guidance, not a guarantee of what you would pay elsewhere.

2. How Discounts and Savings Are Calculated

From time to time, we may display discounts, savings, or “you save” statements. Unless otherwise noted, these values are generally calculated using the following formula:

(Comparable Price – BigHammerWines.com Price) ÷ Comparable Price

This yields a percentage or dollar amount savings relative to the Comparable Price, not necessarily relative to every retailer or every historical price.

These calculations are intended to help you quickly understand the relative value of an offer, but they are always estimates and may not reflect the lowest available price in every market at all times.

3. Exclusive & Private Label Wines

Some wines sold on BigHammerWines.com are:

• Exclusive bottlings for our customers
• Private label or custom cuvées produced for us
• Limited-production wines that are not widely distributed nationally

For these products, there may be no widely established retail price or competitor benchmark. In such cases, Comparable Prices may be based on:

• Winery- or producer-suggested pricing
• Comparable wines from the same region and varietal at similar quality tiers
• Industry norms and our experience in the wine market

No implication is made that these exclusive or private-label wines have been offered at the Comparable Price by other retailers or that they are available elsewhere at all.

4. Market Pricing Volatility

Wine pricing can change due to a variety of factors, including but not limited to:

• Vintage changes and availability
• Critical reviews, ratings, or press coverage
• Import, distribution, or transportation costs
• Tariffs, taxes, and regulatory changes
• Seasonal demand and supply constraints

As a result, Comparable Prices and perceived savings can fluctuate over time. The Comparable Price displayed at any given moment is based on the best available information we have at that time and may not reflect past or future pricing.

5. Data Sources & Potential Errors

We gather Comparable Price information from a variety of sources, including winery communications, supplier data, industry publications, and publicly visible retail pricing. While we make a good-faith effort to ensure accuracy, this data may occasionally be incomplete, outdated, or inconsistent.

If we discover a clear error in pricing or reference information, we may:

• Update the displayed price or Comparable Price
• Correct or withdraw promotional claims
• Cancel affected orders prior to shipment and issue a refund

In the event of a pricing or reference error, your sole remedy is a refund of the purchase price for the affected items.

6. No Reliance on Comparable Prices

Comparable Prices and any related statements about savings or discounts are intended to help you evaluate relative value, but they are not guarantees of actual savings compared to every other retailer or offer. By purchasing from BigHammerWines.com, you acknowledge and agree that you are not relying primarily on Comparable Prices or discount claims in making your buying decisions.

We encourage you to consider all aspects of the offer—including producer, region, vintage, style, reputation, and your own preferences—when deciding what to purchase.

7. Questions About Pricing

If you have questions about how a particular price or Comparable Price was determined, or if you believe there is an error, please contact us so we can review it.

Email: sales@bighammerwines.com

We appreciate the opportunity to clarify our pricing and continue improving the transparency of our offers.

Rewards Program (BHW Bucks / Smile.io)

BigHammerWines.com may offer a rewards, loyalty, or points-based program (“Rewards Program”), including but not limited to BHW Bucks earned through Smile.io or any successor platform. Participation is voluntary and subject to the terms below.

No Cash Value

BHW Bucks, points, and rewards have no cash value, are not redeemable for cash, and do not constitute property or a legal obligation owed to any customer. Points are promotional in nature and may only be redeemed in accordance with current program rules.

Right to Modify or Terminate

BigHammerWines.com reserves the right to modify, suspend, or discontinue the Rewards Program at any time, with or without notice. This includes but is not limited to: changing earning rates, altering redemption requirements, expiring points, modifying program terms, changing program providers (such as discontinuing Smile.io), or terminating the program entirely.

No Liability for Program Changes

BigHammerWines.com shall not be liable for any losses, perceived value, or damages resulting from changes to the Rewards Program, expiration or cancellation of points, discontinuation of Smile.io or other third-party platforms, or technical issues including outages or data loss.

Points Expiration

Unless otherwise stated, points and rewards may expire at any time at our discretion. Points may also be forfeited due to account inactivity, program misuse, suspected fraud, or violation of program rules.

No Guarantee of Reward Availability

Rewards, discounts, and redemption options are offered subject to availability. BigHammerWines.com does not guarantee the continued availability of any specific reward or benefit.

Fraud & Abuse

We reserve the right to revoke rewards, cancel points, or close customer accounts in cases of suspected fraud, abuse, duplicate accounts, exploiting returns, or any attempt to game the Rewards Program.

Third-Party Administration

The Rewards Program may be operated through third-party providers such as Smile.io. BigHammerWines.com is not responsible for errors, outages, platform failures, point discrepancies, migration issues, or loss of points caused by third-party systems.

Program Termination

If the Rewards Program is terminated, all unredeemed points or rewards will be forfeited and will have no cash value. No compensation, credit, or refund will be issued for unused or expired points.