- BINDING EFFECT.
- SALE OF ALCOHOLIC BEVERAGES.
The Company does not sell alcohol to persons under the age of 21. By using this site you are representing that you are over the age of 21. The Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are representing that the person receiving a shipment of alcoholic beverages from the Company is intended for personal consumption and not for resale. If your purchase is spoiled, contaminated or otherwise not consumable you may return the product within (7) days of valid receipt for a refund to the original form of payment or, if you prefer, exchange the product. Those who choose to access the Site from locations other than where we ship or do business do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- RECEIVING MERCHANDISE AND PASSAGE OF TITLE.
Laws regarding the sale and transportation of alcoholic beverages are complex and constantly evolving. The politics, policies and procedures regarding such sales and the transportation are different in every state. Please be aware that Title to the alcoholic beverages passes to you when you purchase in California. In states where we are shipping to you in accordance with a state privilege requiring the payment of state taxes, you will be charged the state taxes (including the sales tax), if any, assessed by the state for that transaction. Title to products intended for shipment to federal property and Indian reservations passes to the customer when the products are retrieved by the common carrier, and California sales tax will be collected on all such purchases. When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. The Company makes no representations about the legality of shipping alcoholic beverages. Our site lists those states where, to date, common carriers will deliver alcohol. You are responsible for compliance with laws regarding such shipments.
b. In order to arrange for the transportation of the alcoholic beverages, the Company is providing a service to, and on behalf of you. By using this service you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to receive quantities ordered, and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age. If between the date of order and date of arrival, the laws of your state change in a manner that makes it illegal for you to import your shipment, you may return the order for a full refund.
c. All returns must be made in accordance with California and the state you are ordering from. We currently ship to the following states: Alaska, Arizona, California, Colorado, Florida, Minnesota, Nevada, New York, North Carolina, Oregon, Texas, Washington, and Washington DC. In many states returns across state lines are not permitted. In the event of a return across state lines or the need for a refund please contact customer service to make a claim at: email@example.com.
d. You can ship your products to yourself or another recipient via common carrier. Any recipient of alcoholic beverages must provide proof of age (over 21 years of age).
e. All orders are shipped out Monday through Friday according to the following schedule:
All Orders placed before 4:00 pm (Pacific Standard Time) Monday through Friday will be shipped out the following business day.
Orders placed on the weekends and major holidays will be shipped out the next business day.
We reserve the right to hold shipments if we believe weather conditions (extreme heat or freezing cold) may impact the quality of our product.
If you have particular requests, please note those in the “Special Instructions” box.
- USE OF SOFTWARE.
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
- USER CONTENT.
You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- INAPPROPRIATE CONTENT.
- COPYRIGHT INFRINGEMENT.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: Copyright Agent ASV, LLC 23742 Lyons Avenue Suite 220579 Newhall, California 91321 or firstname.lastname@example.org
- ALLEGED VIOLATIONS.
- NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMMISSIONS OR YOUR MISUSE OR MISINTERPRETATION OF , ANY INFORMATION CONTAINED ON THIS WEBSITE. INFORMATION PUBLISHED ON THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR STATE OR COUNTRY.
- LIMITED LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- AFFILIATED SITES.
- PROHIBITED USES.
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site or Service, such as trademarks, designs, text, logos, and icons or other intellectual property are owned by and proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of this Site in any way for any public or commercial purposes, without the Company’s written permission.
- GOVERNING LAW.
- SEVERABILITY; WAIVER.
- NO LICENSE.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
- CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.