Terms of Service
Effective Date: April 27, 2026 Last Updated: April 27, 2026
These Terms of Service (“Terms”) govern your access to and use of labodegawholesales.com, any related webpages, customer account features, checkout flow, ordering tools, communications, and related services provided by La Bodega Wholesale LLC (“La Bodega,” “we,” “us,” or “our”).
By accessing or using our website, creating an account, placing an order, using our chatbot or automated voice line, or otherwise using our services, you agree to be bound by these Terms, our Privacy Policy, our Refund & Return Policy, and our Shipping & Delivery Policy. If you do not agree, do not use the website or our services.
1. Company Information
La Bodega Wholesale LLC 930 W Main St Santa Maria, CA 93458 Customer Service: (805) 925-5512 Automated Information Line: (805) 608-4881 Email: diego@labodegawholesales.com
2. Eligibility and Business Use
Our website and services are intended primarily for business purchasers, including restaurants, tiendas, resellers, and other commercial customers.
You represent that:
- you are at least 18 years of age
- you have the legal authority to enter into these Terms on your own behalf or on behalf of the business you represent
- the information you provide to us is accurate and complete
You may not use the website or services for any unlawful purpose or in any way that violates these Terms.
3. Account Registration and Security
You may need to create an account to access certain features of the website, including order history, saved addresses, and account-related services.
You agree to:
- provide accurate, current, and complete information
- keep your account credentials confidential
- promptly update your account information if it changes
- notify us immediately of any unauthorized access to or use of your account
You are responsible for activity that occurs under your account credentials, except to the extent caused by our own failure to maintain reasonable security. Where we use a security procedure such as login credentials, multi-factor authentication, or another authentication method, actions taken using a valid credential may be attributed to you.
We may suspend or terminate an account if we reasonably believe the account is being used fraudulently, unlawfully, or in violation of these Terms.
4. Wholesale Account Eligibility
We offer two pricing tiers: standard customer pricing and discounted wholesale pricing.
Customers seeking wholesale pricing must apply through our wholesale account application. Wholesale eligibility may require:
- a valid resale certificate
- business license or tax identification documentation
- proof of business operations (such as an established storefront, restaurant, tienda, or commercial operation)
- additional documentation we may reasonably request to verify business use
Approval is at La Bodega’s sole discretion. We may approve, deny, or revoke wholesale status at any time. If we deny a wholesale application, you may reapply at any time with updated documentation.
Wholesale customers agree:
- to use products purchased at wholesale prices for the legitimate business purposes stated in the application, and not for personal household consumption
- to maintain a current and valid resale certificate where required for sales-tax exemption
- to notify us of any material change in business status, ownership, or resale certificate
Misuse of wholesale pricing — including using wholesale-priced goods for personal consumption, providing false documentation, or reselling to ineligible parties — is a material breach of these Terms and may result in account suspension, retroactive billing of the difference between wholesale and standard pricing, and other remedies available to us.
5. Electronic Communications and Electronic Acceptance
You agree to transact with us electronically. By creating an account, clicking to accept these Terms, placing an order, or using our website or related ordering tools, you agree that electronic records, notices, disclosures, and communications satisfy any legal requirement that they be in writing.
You agree that your use of buttons, checkboxes, login credentials, checkout submissions, and other electronic actions may constitute your electronic signature and your acceptance of these Terms and other agreements presented to you on the website.
We may send notices, confirmations, updates, and other communications to the email address or account contact information associated with your account. Notices are deemed received when sent to the email address or account on file in a form you can process.
You may withdraw your agreement to transact electronically at any time by contacting us at diego@labodegawholesales.com. If you do, we may not be able to provide certain account or ordering services that depend on electronic transactions.
6. Privacy and Other Policies
Your use of the website and services is also governed by:
- our Privacy Policy, which explains how we collect, use, and disclose information
- our Refund & Return Policy, which explains when refunds, replacements, and returns are available
- our Shipping & Delivery Policy, which explains delivery zones, pickup, minimum-order rules, and risk of loss
Each of these policies is incorporated into these Terms by reference. By using our services, you agree to all four documents together.
7. Website Use and Permitted Conduct
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the website for your internal business use in connection with evaluating products, managing your account, and purchasing goods from La Bodega.
You may not:
- use the website for unlawful, fraudulent, or deceptive purposes
- interfere with the operation, security, or availability of the website
- attempt to access accounts, systems, or data that are not yours
- scrape, copy, reproduce, distribute, or exploit website content except as permitted by law or by our prior written consent
- use bots, scripts, crawlers, or automated tools to access the website in a manner that imposes unreasonable load or bypasses our controls
- upload malicious code, malware, or harmful content
- use the website to infringe intellectual property or privacy rights
We reserve the right to restrict, suspend, or terminate access to the website if we believe these Terms have been violated.
8. Product Information and Availability
We strive to present product descriptions, availability, pricing, images, pack sizes, and other content accurately. However, product listings may contain typographical errors, inaccuracies, or omissions, and product availability may change without notice.
Product images are for general illustration only. Actual packaging, labeling, size, ingredients, or appearance may vary.
We reserve the right to correct errors and update product information at any time, including after an order is submitted.
9. Orders; Acceptance; Rejection
When you place an order through the website, you are making an offer to purchase the selected goods under these Terms.
An order is not accepted when you click “Place Order” or when you receive an automated order acknowledgment. An order becomes binding only when we expressly accept it, including by sending a shipment confirmation, pickup-ready confirmation, delivery confirmation, or other written acceptance, or by delivering the goods.
We reserve the right to refuse, limit, cancel, or modify any order for reasons including:
- product unavailability
- pricing or listing error
- suspected fraud or unauthorized activity
- account issues
- delivery limitations
- credit, payment, or verification issues
- business-policy or legal compliance concerns
If we cancel an order after payment has been authorized or captured, we will refund the amount actually collected in accordance with our refund obligations and applicable law.
10. Pricing; Taxes; Payment; Order Minimums
All prices are displayed in U.S. dollars unless we state otherwise. Prices, product availability, minimums, and promotional terms may change without notice. The price applied to your order is the price displayed at the time of our acceptance, not necessarily the time you placed the order.
Order minimums and payment rules:
- Delivery orders require a minimum of $250 before tax and fees and must be paid by credit or debit card through our secure online checkout. Cash on delivery is not accepted for delivery orders.
- Pickup orders have no minimum. Pickup orders may be paid online by card or by accepted payment methods at the time of pickup.
- Sales tax is calculated at checkout. Standard customers are charged California sales tax at the applicable rate. Approved wholesale customers with a valid resale certificate on file are tax-exempt for qualifying products.
You are responsible for:
- paying the prices, fees, taxes, and charges applicable to your order
- providing valid payment information
- ensuring that billing and tax-related information is accurate and complete
Payments are processed through third-party payment providers, including Stripe. By submitting payment information, you authorize us and our payment processor to charge the applicable amount for your order, including any authorized adjustments for taxes, substitutions approved by you, or other charges clearly disclosed during checkout or otherwise agreed in writing.
If we discover a pricing error or other material mistake before acceptance of an order, we may cancel the order or contact you with the corrected terms.
11. Shipping, Delivery, Pickup, and Delays
We will make reasonable efforts to ship, deliver, or make products available for pickup within the timeframe stated on the website or otherwise communicated to you. Specific shipping and delivery procedures are described in our separate Shipping & Delivery Policy.
If we are unable to ship, deliver, or have your order ready for pickup within the timeframe applicable to your order, we will contact you electronically and offer you the option to:
- consent to a revised date for shipment, delivery, or pickup
- modify the order
- cancel the order and receive a refund of amounts paid that were not earned, in accordance with our Refund & Return Policy and applicable law
For orders we are unable to fulfill, we will initiate the refund to your original payment method within 7 working days of cancellation. The time for the refund to appear in your account depends on Stripe and your card issuer’s processing times, which typically takes an additional 1 to 5 business days after we initiate the refund.
You are responsible for:
- providing accurate delivery and contact information
- ensuring someone is available to receive delivery where required
- inspecting delivered goods promptly
- following storage, handling, refrigeration, and food-safety requirements after delivery or pickup
Risk of loss and responsibility for the goods passes to you upon delivery to the delivery address, customer pickup, or other transfer of possession, unless otherwise required by law or stated in writing.
12. Shortages, Damage, and Order Issues
You must inspect your order promptly upon delivery or pickup. If items are missing, damaged, incorrect, defective, or otherwise nonconforming, you must notify us as soon as reasonably possible and within the timeframe stated in our Refund & Return Policy.
We may require documentation, photographs, packaging information, batch or lot information, or return of the affected product where appropriate.
Our ability to address shortages, damages, temperature issues, mis-picks, or other product concerns may depend on timely notice and your compliance with reasonable claim procedures.
13. Returns and Refunds
Because many of our products are food, beverage, perishable, temperature-sensitive, or inventory-sensitive items, not all products are eligible for return.
The complete rules for returns, refunds, replacements, and credits are set out in our separate Refund & Return Policy, which is incorporated into these Terms by reference.
In summary, and subject to that policy:
- perishable, refrigerated, frozen, opened, used, special-order, or final-sale items are not returnable except as required by law
- unauthorized returns may be refused
- approved returns may require proof of purchase and prior authorization
- where a refund is required or approved, we may issue it to the original payment method or by another method agreed in writing, subject to applicable law
For orders we are unable to fulfill, we will issue a refund to your original payment method as described in Section 11.
Nothing in these Terms or the Refund & Return Policy limits any refund obligations that apply under mandatory law.
14. Customer Purchase Orders and Conflicting Terms
If you provide a purchase order, vendor form, confirmation, or other document that contains terms additional to or different from these Terms, those additional or different terms are rejected and do not become part of the agreement unless we expressly agree to them in a signed writing.
These Terms control unless a separate written agreement signed by La Bodega states otherwise.
15. Chatbot and Automated Voice Line
We offer automated tools, including our web chatbot (“Nacho”) and automated voice information line (“Lisa”), to assist with general product information, business hours, location details, and customer-service routing.
Nacho is an automated software agent. Lisa is an automated voice service. Both are automated tools and not human representatives. Their automated nature is disclosed in accordance with applicable California law governing automated communications.
These automated tools:
- are provided for convenience
- may rely on automated systems and third-party AI services
- may produce incomplete, outdated, or inaccurate responses
- do not have authority to bind La Bodega to pricing, credit, delivery, inventory, refund, or other commercial commitments unless we later confirm those commitments in writing
If there is any conflict between information provided by an automated tool and information confirmed by La Bodega in writing, the written confirmation controls.
16. Third-Party Services and Links
The website may integrate with or link to third-party services, payment providers, maps, communications tools, analytics services, and other external services. We are not responsible for the availability, content, policies, or practices of third-party services.
Your use of third-party services may be subject to separate terms and privacy policies.
17. Intellectual Property
The website and its content, including text, graphics, product listings, branding, logos, software, page design, and other materials, are owned by La Bodega or its licensors and are protected by applicable intellectual property laws.
Except as expressly allowed in these Terms, you may not copy, reproduce, modify, distribute, display, perform, publish, create derivative works from, reverse engineer, or exploit website content without our prior written permission.
All trademarks, logos, and trade names displayed on the website are the property of their respective owners.
18. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY LA BODEGA IN WRITING, THE WEBSITE, SERVICES, AUTOMATED TOOLS, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LA BODEGA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
We do not warrant that:
- the website will be uninterrupted, secure, or error-free
- defects will be corrected
- the website or servers are free of viruses or harmful components
- chatbot or automated voice responses will be accurate or complete
- products will meet your particular business needs unless expressly stated by us in writing
Nothing in this disclaimer affects warranties or obligations relating to food safety, container and label conformity, or other warranties that cannot lawfully be excluded under applicable law, including under the California Commercial Code. Nothing in these Terms excludes any warranty that cannot be disclaimed under applicable law.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LA BODEGA AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE WEBSITE, SERVICES, PRODUCTS, AUTOMATED TOOLS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LA BODEGA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY ORDER, PRODUCT, WEBSITE USE, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO LA BODEGA FOR THE SPECIFIC ORDER OR PRODUCT GIVING RISE TO THE CLAIM.
If a remedy provided in these Terms or in our Refund & Return Policy fails of its essential purpose, you may pursue remedies otherwise available under the California Commercial Code or other applicable law.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR VIOLATION OF LAW.
20. Indemnification
You agree to defend, indemnify, and hold harmless La Bodega and its affiliates, owners, officers, directors, employees, agents, contractors, and service providers from and against claims, demands, actions, liabilities, losses, damages, judgments, settlements, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- your use of the website or services
- your breach of these Terms
- your violation of law
- your negligence, misconduct, or fraud
- your infringement of another party’s rights
This indemnification obligation does not extend to claims to the extent caused by La Bodega’s own fraud, willful misconduct, or gross negligence.
21. Suspension and Termination
We may suspend or terminate your access to the website, your account, or related services at any time if we reasonably believe:
- you violated these Terms
- your use creates security, fraud, credit, operational, or legal risk
- continued service is not commercially feasible
- we are required to do so by law
Termination or suspension does not affect payment obligations, accrued rights, or provisions of these Terms that by their nature should survive, including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute provisions.
22. Changes to the Website or Services
We may change, suspend, discontinue, or restrict all or part of the website, ordering features, product listings, account features, chatbot functions, or voice-line services at any time without liability, subject to applicable law.
23. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above.
If we make a material change — such as a change to the order acceptance process, pricing or payment terms, refund obligations, governing law, or your rights under these Terms — we will provide reasonable advance notice before the change takes effect. We will typically do this by emailing customers with active accounts at the address on file and by posting a notice on the website.
Non-material changes (such as clarifications of existing language, corrections of typos, or vendor name updates) will be reflected by updating the “Last Updated” date without separate notice.
Updated Terms become effective on the date stated in the notice or, if no date is stated, when posted. Your continued use of the website or services after updated Terms become effective means you accept the revised Terms.
24. Governing Law and Venue
These Terms and any dispute arising out of or relating to the website, services, products, or these Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.
Any dispute that is not otherwise resolved informally will be brought exclusively in the state or federal courts located in or serving Santa Barbara County, California, and you consent to the personal jurisdiction and venue of those courts.
Before filing any formal claim, both parties agree to attempt to resolve the dispute informally by contacting the other party in writing at the addresses or email shown in these Terms.
25. Severability
If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law.
26. Entire Agreement
These Terms, together with our Privacy Policy, Refund & Return Policy, and Shipping & Delivery Policy, constitute the entire agreement between you and La Bodega regarding the website, services, and products, and supersede prior or contemporaneous understandings on that subject. Any additional terms agreed in a separate writing signed by La Bodega control over these Terms to the extent of any conflict.
27. Contact Us
If you have questions about these Terms, contact:
La Bodega Wholesale LLC 930 W Main St Santa Maria, CA 93458 Customer Service: (805) 925-5512 Email: diego@labodegawholesales.com
For automated information about hours and location, you may also call (805) 608-4881.