ACCEPTANCE, APPLICATION & SCOPE
The following terms, conditions, restrictions, limitations, notices and disclaimers (the “Terms & Conditions”) shall apply to the use of our Website. By using our Website, including, but not limited to, making any purchases through or using our Website, YOU AGREE TO BE BOUND BY THESE TERMS, CONDITIONS, RESTRICTIONS, LIMITATIONS, NOTICES AND DISCLAIMERS, AND ALL THE TERMS, CONDITIONS, RESTRICTIONS, LIMITATIONS, NOTICES AND DISCLAIMERS that appear or are made available to you on our Website (the “Terms”). The Company reserves the right at any time, at the Company’s sole discretion, to change or otherwise modify the Terms without prior notice, and your agreement to review, access or use the Website signifies your acceptance of the updated or modified Terms.
The terms “you” or “your” refers to anyone using, registering, visiting or taking advantage of any of the features, functions, offers, links, products or services made available on or through our Website. You and the Company may also be individually referred to herein as a “Party” and collectively as “Parties”.
ALCOHOLIC BEVERAGE AGE RESTRICTIONS
By using the Website, you represent, warrant and affirm to the Company that you are over the age of 21. The Company does not does not sell alcohol to persons under the age of 21. The Company makes reasonable efforts to ensure that alcoholic beverages are not purchased, picked up by or delivered to anyone under the age of 21. If you choose to make a purchase through or using the Website, and choose to have that purchase delivered to you or to someone else on your behalf, you are acknowledging, representing, warranting and affirming that you or the person picking up an order or receiving a shipment of alcoholic beverages from the Company is over the age of 21 and has a valid form of identification to present before picking up an order or receiving a shipment. You agree that the Company is not responsible if an order or shipment cannot be completed if you, or any person picking up an order or accepting a shipment on your behalf, cannot comply with these Terms. If you are under the age of 21, please do not use or visit this Website, do not agree to the Terms and do not make any purchases through or using the Website. If you misrepresent your age, regardless of whether it was intentional or not, in order to obtain or provide alcohol to a person or persons under the age of 21, we will report your actions to the appropriate authorities.
NOT FOR RESALE
You represent and warrant that any purchase(s) made by you or on your behalf from the Company is intended for personal consumption only and not for resale.
REPRESENTATIONS AND WARRANTIES
You agree, whether through your use of the Website, placement of an order or purchase, or otherwise, not to: (a) make any misrepresentation, attempt to deceive the Company, commit fraud or conduct any fraudulent activities, whether knowingly or unknowingly; and/or (b) intentionally, knowingly, recklessly or negligently violate any applicable law, code or regulation, these Terms, agreements that you are bound by, or the rights of any other third party. You understand, acknowledge and agree that you are responsible for compliance with applicable laws, codes and regulations that apply to you, whether directly or indirectly, keeping in mind that access to the Website, including orders and purchases made through or using the Website, may not be legal by certain persons, in certain states or in certain countries.
TITLE, OWNERSHIP & DELIVERY DISCLAIMERS
The laws regarding the sale, including the transportation, of alcoholic beverages and other related products are intricate, complex and constantly changing. As stated above, the Company is solely located and operated out of the State of Florida, and the Company has no, and has never had, locations, operations or contacts in any other state, territory or country. You understand, acknowledge and agree that you are buying from the Company in the State of Florida. You further understand, acknowledge and agree that title to, and ownership of, any products and services, including, without limitation, title to, and ownership of, alcoholic beverages and other related products, purchased by you, on your behalf or for a third party from the Company is passing from the Company to you, or the purchaser or other intended or actual recipient that you may designate, in the State of Florida. You, or the purchaser or other intended or actual recipient that you may designate, has the right to pick up any products purchased, including alcoholic beverages and other related products, regardless if purchased through or using the Website, at one of the Company’s retail stores located in the State of Florida. If you choose shipping as a delivery method, you understand, acknowledge and agree that you are asking us to engage a common carrier in the State of Florida to deliver your order to you, or the purchaser or other intended or actual recipient that you may designate. For your convenience, the Website lists those states where common carriers will deliver, or have delivered, alcohol. The Company makes no representations, warranties or affirmations about the legality of shipping its products, including, without limitation, alcoholic beverages, whether through a common carrier or otherwise. You are responsible for compliance with all laws, codes or regulations regarding such shipments. You also have the right to make your own shipping arrangements, subject to any terms, conditions, restrictions, notices and disclaimers set forth herein.
By arranging for pickup, transportation or shipping of any alcoholic beverage under your instructions, you understand, acknowledge and agree that the Company is providing a service to, and acting on behalf of you, or the purchaser or other intended or actual recipient that you may designate. This service being provided to you by the Company at your instructions and direction is being performed by the Company and provided to you solely within the State of Florida. By choosing shipping as a delivery method and having the Company arrange the shipping on your behalf, you are representing, warranting and affirming that you are acting in compliance with the laws, codes, statutes and regulations of your State, municipality, county, city and any other local laws, codes, statutes and regulations that apply to you regarding the use of the Website, in particular, without limitation, the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, wine. You also represent, warrant and affirm that you have obtained any and all required permission or consent, obtain any required licenses, paid any required fees (including, without limitation, taxes), are working through properly licensed intermediaries where required, are at least 21 years of age, and are legally entitled to receive and take possession of alcoholic beverages. You agree to defend, indemnify and hold the Company and/or any of its officers, directors, members, owners, agents, contractors, managers and employees harmless form an against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, without limitation, attorneys’ fees, arising out of or related to a violation of these representations, warranties and affirmations. If you cannot make these representations, warranties and affirmations, or you do not agree with all of these terms and conditions, please do not use this Website, immediately cease and desist from using this Website, do not agree to the Terms and do not make any purchases through or using the Website.
PICK UP & DELIVERY METHODS
Subject to product availability, you can choose to have the Company, for you and on your behalf, ship your products to you, or another intended or actual recipient that you may designate, through a common carrier. The Company’s Website department is open Monday through Friday, between 9:00 a.m. and 4:00 p.m. Orders placed on weekends and Holidays will be processed the following business day. Once your order is placed and approved, it may take up to 48 business hours to be shipped. The Company also reserves the right to delay release or delivery of any order to ensure product quality and protection from any unforeseen conditions, including, without limitation, weather conditions.
Secondly, subject to the Company’s review and approval, you can choose to make your own shipping arrangements through a licensed major common carrier. The Company reserves the right, at its sole discretion, to review, approve or deny this request for any reason, including, without limitation, if the Company determines that you have engaged in or attempted to, whether intentionally or unintentionally, violate any law, code or regulation, commit fraud, make a misrepresentation or violate the Terms. If you choose to make your own shipping arrangements, you must first make the request in writing.
CREDIT CARD AUTHORIZATION
If you are paying for your order via credit card, debit card, or any other form of authorized payment, by accepting these Terms, you hereby authorize the Company to charge the credit card, debit card, or other form of authorized payment for the noted or authorized amount. Further, you represent, warrant and affirm that you are an authorized user of the submitted credit card, debit card or other form of authorized payment, and that you will not dispute the payment with the merchant.
Orders and purchases submitted on the Website are not final until the Company checks and verifies the information you provided for compliance, including, but not limited to, shipping address and method of payment. Orders and purchases are deemed completed once the Company has finished its verification process and your method of payment has been approved and charged. To assist the Company, you must provide billing address and other related information that matches the method of payment provided. Your order will not be approved if the Company is notified of improper or inadequate information, and you agree that the Company shall not be responsible for any improper and inadequate information provided by you or on your behalf. Receipt of an order confirmation, whether electronic, in writing or through any other form of notification, does not signify the Company’s acceptance of your order or purchase. The Company reserves the right, at its sole discretion and for any reason, to terminate, reject or deny any order(s) or purchase(s), whether in whole or in part, made by you or on your behalf. These Terms shall survive the discontinued use of the Website or the termination, rejection or denial of any order(s) or purchase(s).
Should you need to return an item and your product was shipped, please contact our Customer Care department for specific instructions on returning your product. Returns must be made within 7 days and only if the product received was not as described. If your product was picked up at one of our store locations, or if your product was purchased in our store, please return to the store for return instructions or processing.
This Website and its content, including, but not limited to, trademarks, designs, logos, texts, images, clips, photographs, graphics, icons, software or other intellectual property are the property of, owned by and proprietary to the Company. The Website may contain trademarks, trade names and service marks which may be owned by third parties. Nothing on the Website or herein shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you. Any redistribution or reproduction of part or all of the contents of the Website in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit or store the Website or any of its content in any other website or other form of electronic retrieval system.
The Website may contain content, including, but not limited to, images, phrases and/or links, to or related to third party brands, resources or websites. You acknowledge, understand and agree that the Company is not responsible or liable for the accuracy of any such content and the availability of any such content, and that the inclusion of any such content does not indicate the Company’s endorsement, review or verification of the content.
The Company shall not be liable for any failure of or delay in the performance of the Terms if the failure of or delay in performance is caused by: (a) any act, emergency condition, war, strikes, labor disputes, embargoes, government orders, act of God or any other force majeure event; (b) any act or condition beyond the Company’s control; (c) any present or future law, code, regulation, court order, U.S.A. or any state, municipality, county, city or local government body; or (d) any act or omission of a third party, including, but not limited to, any act or omission of any vendor, supplier, distributor or manufacturer.
The Company is committed to keeping your personal information confidential. To ensure the safety of your personal information, we use Secure Socket Layer (SSL) Technology. SSL protects information as it crosses the Internet. Any data stored is kept in a secure off-site location and stored in a password-protected server.
When we collect or use your personal information and sensitive billing information, it is in an effort to improve your shopping experience, to notify you about our products and services, answer inquiries and communicate with you, provide promotional information, solicit information from you, to resolve disputes, troubleshoot problems, prevent potentially prohibited or illegal activities, enforce the Terms, and manage your account, including, without limitation, complete order(s), purchase(s) and process billing.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD THE COMPANY AND/OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS, CONTRACTORS, MANAGERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES, ARISING OUT OF RELATED TO THE WEBSITE, THE PERFORMANCE OF THE WEBSITE, YOUR USE OF THE WEBSITE, THESE TERMS, FAILURE TO PROVIDE SERVICES OR PRODUCTS, ANY VIOLATION (WHETHER KNOWINGLY OR UNKNOWINGLY) OF ANY APPLICABLE LAW, CODE OR REGULATION, AGREEMENT THAT YOU ARE BOUND BY OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, BREACH OF ANY REPRESENTATION, WARRANTY OR AFFIRMATION (INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR AFFIRMATION UNDER THESE TERMS), MISREPRESENTATION, DECEPTION OR FRAUD, AND ANY ACT, OMMISSION, NEGLIGENCE OR FRAUD BY YOU OR ON YOUR BEHALF.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS, CONTRACTORS, MANAGERS AND EMPLOYEES BE LIABLE TO YOU, ANY THIRD PARTY YOU ARE ACTING ON BEHALF OF OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR TREBLE DAMAGES, OR ANY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, PROFITS, USE OR DATA, ARISING OUT OF OR RELATED TO THE WEBSITE, THE PERFORMANCE OF THE WEBSITE, YOUR USE OF THE WEBSITE, THESE TERMS, FAILURE TO PROVIDE SERVICES OR PRODUCTS, ANY VIOLATION (WHETHER KNOWINGLY OR UNKNOWINGLY) OF ANY APPLICABLE LAW, CODE OR REGULATION, AGREEMENT THAT YOU ARE BOUND BY OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, BREACH OF ANY REPRESENTATION, WARRANTY OR AFFIRMATION (INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR AFFIRMATION UNDER THESE TERMS), MISREPRESENTATION, DECEPTION OR FRAUD, AND ANY ACT, OMMISSION OR NEGLIGENCE, WHETHER BASED ON TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY OR OTHERWISE.
DISCLAIMER OF WARRANTIES
THE WEBSITE, THE CONTENT CONTAINED ON THE WEBSITE, AND ANY GOODS, PRODUCTS OR SERVICES PURCHASED BY OR THROUGH THE WEBSITE IS BEING PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS, IMPLIED, CONTRACTUAL OR STATUTORY WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
The Terms (i) constitute a binding agreement between you and the Company; (ii) represent the entire agreement between the you and the Company and supersedes all prior representations, warranties and/or agreements, whether written or oral, relating to the subject matter contained herein; and (iii) may not be modified or amended except in writing signed by both you and MRL. Nothing contained herein shall imply any partnership, joint venture or agency relationship between you and the Company and neither party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein provided. If any provision of the Terms is deemed to not apply to your particular order or purchase, or if any provision of the Terms shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of the Terms shall not be affected and shall remain in full force and effect. The Terms, including, without limitation, the Website and your use of the Website, shall be governed by and construed in accordance with the laws of the State of Florida without regard to the choice or conflicts of law principles or provisions of any jurisdiction. You agree to submit to the personal and subject matter jurisdiction of the courts located in Pinellas County in the State of Florida, for the resolution of all disputes, claims, causes of action, remedies or damages, whether in law or in equity, arising from or related to the Terms, the Website and/or your use of the Website. Neither Party shall sell, transfer or assign the Terms, or the rights or obligations here under, without the prior written consent of the other Party. The parties' rights and obligations here under will bind and inure to the benefit of their respective successors, heirs, executors and joint administrators and permitted assigns. The headings of the various sections of these Terms have been inserted for convenience of reference only. The failure by the Company to exercise some right or enforce some provision under these Terms at any particular time shall not act as a waiver of any other right in any way.