Terms Of Use

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Rod & Hammer relationship with you in the context of this website.

The term “Rod & Hammer” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.

Alcohol Purchase Conditions

Legal Requirements

You must be 21 years of age or older, to order or receive alcoholic beverages from Rod & Hammer. Receipt of shipments containing alcoholic beverages requires the signature of a sober adult (a person 21 years of age or older who is not intoxicated). Products purchased from Rod & Hammer are not for resale, and are for personal consumption only.

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, and American Express.

Minimum Purchase

No minimum purchase is required.

States Authorized for Direct Shipment

Due to the ever-changing nature of shipping laws, we may be able to ship directly or indirectly, to California. If Rod & Hammer is unable to ship directly to your state, we can arrange for the sale and shipment of our products through a third party. Please note, when dealing through a third party, prices, discounts, and shipping costs may differ from those quoted by Rod & Hammer.

Out of state shipments are facilitated through a third-party network, and any order inquires or customer service issues should be resolved by contacting them directly via the info in the original order email.

Shipping

Ground shipping is provided by GSO at current market rates within California. Tracking will be provided and adult signature (21+) is required for all shipments and customer must be available to sign at time of delivery. Three (3) delivery attempts will be made prior to the shipment being sent back to Rod & Hammer. 

*Note – If the customer enters incorrect shipping information or is unable to sign for the delivery, customer pays additional ($20) re-shipping charge, regardless of his or her club membership or purchase amount.

Delicate Commodity

Alcoholic beverages are a perishable commodity and do not like extremes of temperature: hot humid summer and cold winter weather may adversely affect the condition of your product during shipment. Rod & Hammer is not responsible for, and will not replace product that is damaged by extreme weather conditions during shipment. When your order is picked up by the common carrier for delivery, responsibility for the product becomes the responsibility of the purchaser.

Returns & Cancellations

We will replace or refund you for any product that is damaged. By law, we cannot accept returns of alcoholic beverages unless the product is flawed. We are also unable to accept return of alcohol that was damaged due to adverse weather conditions during shipment, or product that is ordered in error. Please send an email to (info@rodandhammer.com) to arrange for a return.

Spirits Club Terms & Conditions

Welcome! Thank you for joining the Spirits Club. If you have any questions with respect to these Terms, please ask a team member at our tasting room or call (805) 543-1843. Your acceptance of these Terms creates a binding contract governing your Membership at Rod & Hammer and no other statements, representations, materials, or related information will alter or amend these Terms, except such revisions that Rod & Hammer institutes in accordance with these Terms.

Becoming a Member

There is no fee to join the Spirits Club and you may sign up at any time by visiting our Tasting Room at 855 Aerovista Pl, San Luis Obispo, CA 93401. Initial purchases do not count towards a future automatic allocation. Each member receives four allocations of spirits per year. Shipment schedules may be altered based on actual release dates. By becoming a member, you (i) represent that you are 21 years of age or older and (ii) agree to the Spirits Club Terms and Conditions.

Spirits Club Levels

  • Twin Fin
    • (2) Bottles per allocation
    • 15% discount on merchandise and bottles
  • Thruster Fin
    • (3) Bottles per allocation
    • 20% discount on merchandise and bottles
    • 10% discount on cocktails and food

Spirits Club Member Benefits

  • Specialty bottle pricing
  • Discounts on merchandise, cocktails and food
  • Complimentary pick up parties for you and a guest
  • Exclusive member-only events
  • Premier access to new and limited release spirits
  • Complimentary tasting & tours for you and a guest

*Spirits Club Benefits are subject to change at any time.

 

Club Allocation Pick-Up or Delivery

You may pick up your allocation at the tasting room or have it shipped to you. spirits provided or delivered by the Membership are for personal consumption only and may not be resold.  Additional spirits purchased online or at the tasting room does not apply towards your Spirits Club commitment.

Shipping Members – In the event your spirits is shipped, please note that deliveries must be received by a person 21 years of age, or older, and verification of age is required at the time of delivery.  Carrier will attempt to deliver the package containing alcohol three (3) times before sending it back to Rod & Hammer.  If a package returns, please contact the Spirits Club directly.  A re-shipping fee will be applied to all orders that are re-shipped. Shipping is $20 flat rate for Twin Fin members and is FREE for Thruster Fin members within California.

Pick-Up Members – Rod & Hammer urges will-call members to pick up their shipments within the first two weeks. Due to limited quantities, shipment-specific spirits are only guaranteed during that allocation month. If the spirits is no longer available by the time of pick-up, we will attempt to replace it with spirits of equal value. Spirits of lesser or greater value will either be credited or charged the difference. If you are unable to pick up your spirits during the shipment month, you must call or email Rod & Hammer to make other arrangements. If a spirits release is not picked up within 4 weeks, and no prior arrangements have been made, the spirits will be carefully packed and shipped the following week to the shipping address on file for an additional charge.

Payment Verification

All fees for Spirits Club memberships and associated charges, such as shipping and other related charges, are automatically billed to your credit card. By becoming a Spirits Club member, you authorize Rod & Hammer to charge your credit card four times per year at each club shipment (“billing date”) for the retail value of the shipped spirits (less the membership discount), plus tax, and any shipping costs. You further authorize Rod & Hammer to charge your credit card for any re-shipments or shipments for spirits not picked up in the will call period as outlined. 

Automatic Renewal

The Spirits Club membership renews automatically at each of the four automatic spirits shipments (“automatic shipment”) per year. You further authorize Rod & Hammer to bill your credit card for any re-shipment costs incurred in the instance an automatic shipment is returned to the tasting room.           

Cancellation

Members may cancel their membership without penalty any time after purchasing and receiving at least two allocations/shipments. Membership will continue until cancelled. Members can cancel by phone: (805) 543-1843, by email: club@rodandhammer.com, or online at: shop.slobrew.com. To avoid being charged for an automatic shipment, a cancellation request must be submitted seven (7) days before the next billing date. Automatic shipments processed prior to a cancellation are nonrefundable, even if not yet received. 

Member Information

Each Spirits Club Member is responsible for maintaining accurate and updated personal information in his or her account profile. Rod & Hammer communicates details of Spirits Club Membership by email. If your contact information changes, or if you wish to change your contact information, you must notify Rod & Hammer. Please contact Rod & Hammer by phone: (805) 543-1843, by email: club@rodandhammer.com, or online at: shop.slobrew.com to update your personal information. Your personal information will only be used by Rod & Hammer and its affiliates and will not be sold or shared with anyone.

Damage During Shipment and Delays

If you are a shipping member, your allocation will be sent to you four times a year. There are no available returns or exchanges of shipped spirits except as set forth herein. spirits is a delicate and perishable commodity and conditions outside of Rod & Hammer’s control may adversely affect the spirits during shipment. We will make our best effort to only ship during favorable weather conditions. If your spirits are received in a damaged, spoiled, or otherwise defective state, you may contact us regarding the damage. Rod & Hammer may, in its discretion, send a replacement in exchange, which is your sole and exclusive remedy for a damaged or defective product. Rod & Hammer will not refund shipping charges or additional shipping. Other charges will apply to deliveries that are returned as undelivered or refused.In the event of circumstances outside the control of Rod & Hammer, which prevent, hinder, or delay Rod & Hammer from performing its obligations, including, but not limited to, acts of God, earthquake, flood, severe weather conditions or other natural calamity, strikes, insurrection or acts of terror, governmental action or inaction, including delays or failures to issue permits and authorizations or an inability to obtain supply and materials or other means of shipping, Rod & Hammer’s obligations will be suspended for the term of such event or Rod & Hammer may elect to cancel the Spirits Club for the affected Members.

Rod & Hammer’s Rights

Spirits Club Membership and its benefits are offered at Rod & Hammer’s discretion. Rod & Hammer reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of these Terms and to cancel, suspend, or revoke any Membership to any Member at any time for any reason, without further obligation to Spirits Club members or others. Rod & Hammer may change or modify these Terms by posting the updated Terms at shop.slobrew.com. Your continued participation in the Spirits Club after such posting constitutes your acceptance of the new or different Terms. These Terms supersede all previously published terms and conditions in their entirety. 

Disclaimers

Rod & Hammer and its affiliates and their respective officers, directors, employees and agents (the “released parties”) make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Spirits Club, membership, or any products or services related to the Spirits Club. by participating in the Spirits Club, each member hereby releases the released parties from and against any and all claims, damages, losses, liabilities, and against any and all claims, damages, losses, liabilities and other expenses relating to that member’s participation in the Spirits Club. The released parties will not be liable for any damages, losses, liabilities, and other expenses of any kind arising out of or in connection with your membership, including damages, losses, liabilities, and other expenses arising out of changes to or termination of the Spirits Club. This is a comprehensive limitation of liability that applies to all damages, losses, liabilities, and other expenses of any kind, including but not limited to direct, indirect, incidental, punitive, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. To the extent permitted by law, the limitations on Rod & Hammer’s liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damages. By agreeing to these terms, you willingly agree that you have relinquished your right to seek these damages from Rod & Hammer and the released parties and that this is a reasonable allocation of risk.

Individual Arbitration of Disputes; Jury Trial Waiver

Please read this section carefully because it requires you and Rod & Hammer to resolve all disputes through binding individual arbitration and limits certain rights you may have, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery, except the right to certain remedies and forms of relief.

I UNDERSTAND AND AGREE TO THE FOLLOWING ARBITRATION PROVISION:

Member and Rod & Hammer agree that they will resolve any disputes through binding and final arbitration instead of through court proceedings. 

Pursuant to the Federal Arbitration Act any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association  in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitrator(s) shall have the power to rule on any challenge to their own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.  The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  The arbitrator(s) may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator(s)’ power to rule on their own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator(s) have no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.  In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Choice of Law: Spirits Club and these Terms will be governed by and construed under the substantive laws of the State of California, without reference to conflict-of-law considerations, except where federal law, including the Federal Arbitration Act, apply.

Venue: In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the Superior Court of California, County of San Luis Obispo and the Central District of California for such purposes. 

Attorneys’ Fees: In the event that any party institutes any legal suit, action, or proceeding, including arbitration, against the other party arising out of or relating to these Terms, the prevailing party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.

Rod & Hammer Logos

Members may not display, reproduce, distribute, modify, transmit, or otherwise use the Rod & Hammer’s logos or other design, text, logo or icons for public or commercial purposes without Rod & Hammer’s written permission. Members are permitted to use this material only for personal, non-commercial purposes.

Legal Compliance

Member discounts and benefits are not valid with other special offers or discounts. Member benefits are non-transferable. All goods, services and benefits provided by Rod & Hammer, including spirits, are only provided and/or shipped to such states in which Rod & Hammer is licensed to provide such goods, services and benefits. Membership in the Spirits Club is void where prohibited, and by joining the Spirits Club, you represent that your membership in the Spirits Club and receipt and use of any goods, services or other items received through the Spirits Club does not and will not violate any applicable law or regulation. Members agree to comply with all applicable laws, rules and regulations, including without limitation, laws governing the possession and use of spirits and alcoholic beverages.

Severability

If any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by law and the remainder of that provision will no longer be considered as part of these Terms.

You may contact us by writing to the following address:

Rod & Hammer
855 Aerovista Pl
San Luis Obispo, CA 93401