Terms and Conditions
OVERVIEW
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
YOU MUST BE OVER TWENTY-ONE YEARS OF AGE TO USE THIS SITE.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By using this site, you affirm and/or acknowledge the following:
You are over the age of 21.
The recipient of your order is over the age of 21.
Your order is intended for personal consumption and not for sampling or resale purposes.
Title and ownership of all products pass to you in the state the alcoholic beverage is purchased. The products will be delivered on your behalf within that state.
By using the third-party retailers' service to arrange the delivery of your order into any state other than the state in which the retailer is licensed to sell alcoholic beverages, you represent that such delivery is in compliance with the laws and regulations of the state and municipality to which you requested the goods to be delivered.
SECTION 1 – RELATIONSHIP BETWEEN RETAILER, YOU, AND US
When you purchase a product using our website, you are not purchasing that product from us. RATHER, YOU ARE APPOINTING US AS YOUR AGENT TO PLACE AN ORDER AND PURCHASE THE PRODUCT FROM A THIRD PARTY LICENSED TO SELL BEVERAGE ALCOHOL. THIS AGENCY RELATIONSHIP IS EXPLAINED MORE FULLY BELOW. PLEASE NOTE – WE NEVER TAKE TITLE TO THE PRODUCT.
SECTION 2 – PRODUCTS, TITLE AND OWNERSHIP, INDEMNIFICATION & WAIVER
Once purchased, the goods belong to you. Unless you direct that the product remains in storage, third-party retailers, acting as your agent, will then request that the goods be delivered to you at the address you provide. Because all products are accepted for delivery in the state in which the retailer is licensed, you will be required to pay the state and local sales tax associated with a sale and delivery in that state. ALL RISK OF LOSS WILL PASS TO YOU WHEN THE GOODS ARE DELIVERED WITHIN THE STATE IN WHICH THE RETAILER IS LICENSED. MOREOVER, YOU ARE RESPONSIBLE TO KNOW THE LAW OF THE STATE IN WHICH YOU LIVE OR TO WHICH YOU WISH THE GOODS SHIPPED AS THEY RELATE TO THE SHIPMENT AND DELIVERY OF ALCOHOLIC BEVERAGES. YOU ARE RESPONSIBLE TO PAY ANY STATE AND LOCAL EXCISE TAXES AND USE TAXES. YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS AGAINST ANY DAMAGES (INCLUDING ATTORNEY’S FEES) RESULTING FROM ANY CLAIM THAT THE GOODS PURCHASED BY YOU CANNOT BE LEGALLY SENT INTO THE STATE IN WHICH YOU LIVE BY A PERSON WHO OWNS SUCH GOODS AND HAS PURCHASED THEM FOR HIS OR HER PERSONAL CONSUMPTION OR THAT YOU HAVE EXCEEDED THE AMOUNT OF GOODS WHICH MAY BE SHIPPED INTO THE STATE FOR PERSONAL CONSUMPTION OR THAT ANY TAXES OR DUTIES WHICH MAY BE IMPOSED UPON SUCH SHIPMENT OR CONSUMPTION HAVE NOT BEEN PAID.
YOU UNDERSTAND THAT ALTHOUGH THIRD-PARTY RETAILERS ARE ACTING AS YOUR AGENT IN THE TRANSACTION, YOU AGREE THAT YOU HAVE WAIVED ANY CLAIM OF CONFLICT OF INTEREST, BREACH OF FIDUCIARY OBLIGATION, OR ANY OTHER SIMILAR CLAIM.
SECTION 3 – PRICES SUBJECT TO CHANGE; MODIFICATIONS
Prices for the products listed on the website are subject to change without notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 4 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities, may not be returnable, and if returnable, may be returned or exchanged only according to the Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. Products or services may be limited in availability as to person, geographic region, or jurisdiction. You agree that we may exercise the right to limit the products we are willing to purchase or services we are willing to perform on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission by us.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse to place any order you ask us to place. Moreover, you understand that the licensed vendor has the right to refuse or reject any order we may place with it. We or the vendor may, in our or its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. You agree that you will not place any order through us with the intent of reselling an item. We reserve the right to prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases you ask us to place on your behalf. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – USE OF OUR WEBSITE
By using our website, you agree to our Terms of Service. You further represent that you are at least 21 years of age.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to alcoholic beverage laws and copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services. Moreover, you may be liable to us for any damages resulting from your breach.
SECTION 8 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO CASE SHALL THIRD-PARTY RETAILERS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.