BigHammerWines.com – Terms & Conditions
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.
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.
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/
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
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.