ACCEPTANCE, APPLICATION & SCOPE
The following terms, conditions, restrictions, limitations, notices and disclaimers (the “Terms & Conditions” or “Terms”) shall apply to the use of The Rare Whiskey Shop’s (“RWS”) website or webpage, mobile website or webpage, and/or app (the “Site” or “Website”), whether directly or indirectly, including, but not limited to, through direct use of the Site or indirectly by contacting our online/shipping department. By using our Site, including, but not limited to, making any purchases through or using our Site, 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 SITE. RWS reserves the right at any time, at RWS’ sole discretion, to change or otherwise modify the Terms without prior notice, and your agreement to review, access, or use the Site signifies your acceptance of the updated or modified Terms.
The terms “we”, “us”, “our”, “RWS”, and “Company” refers to The Rare Whiskey Shop, whose headquarters is in the State of Florida with the mailing address of 3135 1st Ave N Suite 13352, Saint Petersburg, FL 33733. RWS is not and does not hold itself out to be a manufacturer, winery, distributor or wholesaler.
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 Site, including, but not limited to, anyone using, registering, visiting, or taking advantage of any of the features, functions, offers, links, products, or services to make any purchase, whether for you or for any third party on your behalf. You and RWS may also be individually referred to herein as a “Party” and collectively as “Parties”.
ALCOHOLIC BEVERAGE AGE RESTRICTIONS
By using the Site, you represent, warrant, and affirm to RWS that you are over the age of 21. RWS does not sell alcohol to persons under the age of 21. RWS makes reasonable efforts to ensure that alcoholic beverages are not purchased or delivered to anyone under the age of 21. If you choose to make a purchase through or using the Site, 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 RWS 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 RWS is not responsible if an order or shipment cannot be completed if you, or any 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 Site and do not make any purchases through or using the Site. If you misrepresent your age, regardless of whether it was intentional or not, 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 RWS is intended for personal consumption only and not for resale.
REPRESENTATIONS AND WARRANTIES
You agree, whether through your use of the Site, placement of an order or purchase, or otherwise, not to: (a) make any misrepresentation, attempt to deceive RWS, 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. 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, and regardless of whether you knew or should have known of said laws, codes, and regulations, keeping in mind that access to the Site, including orders and purchases made through or using the Site, may not be legal by certain persons, in certain states, or in certain countries. You further understand, acknowledge and agree that should you know or should have known that any service or products being offered on RWS’ Site would violate any applicable laws, codes, or regulations in your state (or the state that any product is being shipped to), you will immediately stop using this Site for and you will not make any purchases through or using the Site for said purchases.
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, RWS is solely located and operated out of the State of Florida, and RWS has no locations, operations, or contacts in any other state, territory, or country. You understand, acknowledge, and agree that you are buying from RWS 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 or through RWS is passing from RWS to you, or the purchaser or other intended or actual recipient that you may designate, in the State of Florida. It is your sole responsibility to ship and/or arrange for shipping from RWS to your home State. Accordingly, if you choose shipping as a delivery method, you understand, acknowledge, and agree that you are asking us to arrange for transportation or shipping of any product, including, without limitation, alcoholic beverages, under your instructions, and that we are providing a service to, and acting on behalf of you, or the purchaser or other intended or actual recipient that you may designate. RWS 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 transportation or shipping of any alcoholic beverage under your instructions, you understand, acknowledge, and agree that RWS is providing a service to, and acting on behalf of you, the purchaser, or any other intended or actual recipient that you may designate. This service being provided to you by RWS at your instructions and direction is being performed by RWS and provided to you solely within the State of Florida. By choosing shipping as a delivery method and having RWS 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 Site, in particular, without limitation, the purchase, shipping, transportation, and delivery of alcoholic beverages. You also represent, warrant, and affirm that you have obtained 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 RWS and/or any of its officers, directors, members, owners, agents, contractors, managers, and employees harmless from 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 these terms and conditions, please do not use this SITE, immediately cease and desist from using this SITE, do not agree to the Terms, and do not make any purchases through or using the SITE.
CALIFORNIA RESIDENTS – PROPOSITION 65 WARNING
Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. The warnings are intended to help California consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings.
We are providing the following warning for products linked to this page:
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to P65 Warning Alcohol
WARNING: Consuming this product can expose you to chemicals including bisphenol A (BPA), which is known to the State of California to cause birth defects or other reproductive harm. For more information go to P65 Warning Food
WARNING: This product can expose you to chemicals including arsenic, which is known to the State of California to cause cancer. For more information, go to P65 Warning.
ORDER CONFIRMATION & ACCEPTANCE
Your receipt of an order confirmation, whether electronically, telephonically, or through any other method, does not signify our acceptance of your order, and does not constitute confirmation of any offer by RWS to sell you any product.
We may, at our sole discretion, limit or cancel quantities purchased by you or on your behalf for any reason. We further reserve the right to reject any order you place with us for any reason. In the event we make a change to your order, we will attempt to notify you by contacting you at the email, phone number, or other contact information you provided at the time the order was made, or as set forth in your account information where applicable.
All orders placed on our Site are subject to product availability and are subject to any shipping restrictions and policies as set forth herein or anywhere else on RWS’ Site. In the event you do not receive any order, you understand and agree that you must notify RWS within thirty (30) days from receipt of the order or shipping confirmation (where applicable) sent to you. We, or our delivery partner, may refuse to deliver your order if they believe that furnishing alcohol to you or the person accepting the delivery on your behalf is illegal, unsafe, or inappropriate. If a delivery cannot be made for this or any other reason, you may be charged a restocking fee. Subsequent delivery attempts are at the discretion of us or our delivery partner and are subject to redelivery fees.
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 RWS 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 Site are not final until RWS 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 RWS has finished its verification process and your method of payment has been approved and charged. To assist RWS, you must provide billing address and other related information that matches the method of payment provided. Your order will not be approved if RWS is notified of improper or inadequate information, and you agree that RWS shall not be responsible for any improper and inadequate information provided by you or on your behalf. As set forth above, receipt of an order confirmation, whether electronic, in writing or through any other form of notification, does not signify RWS acceptance of your order or purchase. RWS 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 Site or the termination, rejection, or denial of any order(s) or purchase(s).
All sales made through our Site are subject to our Return Policy, which can be read and reviewed in our Customer Service section of RWS’ website located at www.therarewhiskeyshop.com and is incorporated herein by reference. Notwithstanding the foregoing, should you need to return an item purchased through our Site, please contact our Customer Care department at email@example.com for more information.
RESTOCKING FEES, REDLIVERY FEES, RE-SHIPPING FEES & CHANGE OF ADDRESS FEES
Cancellations or rescheduling requests for any orders placed on our Site can only be made before an order has already left either our store or warehouse.
- If an order has already left the store or warehouse, cancellations are not guaranteed and could be subject to up to a $20 restocking and/or redelivery fee (per package for any orders shipped through a common carrier) to account for the cost of labor, gas, and time at our discretion. A “gift” where the gift sender selects the delivery method and time will also fall under this category and the same rules will apply.
- If a third-party courier or common carrier is used to fulfill your order and the order is canceled prior to the courier or carrier picking up your order from the store or warehouse, there may be a $5.00 cancellation fee.
- If a third-party courier or common carrier is used to fulfill your order and the order is canceled after the courier or carrier has picked up the order from the store or warehouse, there will be a restocking fee up to $20.00 charged (per package for any orders shipped through a common carrier) for the cost of the shipping and any incidentals.
- If a third-party courier or common carrier is unable to deliver your product for any reason, including, but not limited to, nobody home, nobody over the age of 21 to receive the order, if we or they believe the delivery would be illegal, unsafe or inappropriate, or if you or the person accepting the delivery refuses the order, there will be a restocking fee up to $20.00 charged (per package for any orders shipped through a common carrier) for the cost of the shipping and any incidentals.
- If you entered the delivery address incorrectly at the time of placing your order, and the order has already left the store or warehouse, you may be charged a change of address fee up to $20 for the cost related to that change, including, but not limited to, costs assessed by any third-party courier or common carrier, labor, or any other incidentals.
- If we are unable to deliver your order for any reason, subsequent delivery attempts are at our discretion and may be subject to additional redelivery and re-shipping fees.
Product information, including, without limitation, product and service descriptions, details, vintages (including vintages displayed on images), images, prices, and availability, is being provided for convenience only and is subject to change without notice. Although RWS attempts to correct any inaccuracies where discovered, RWS makes no representations and warranties that said information is correct, and that RWS has the right to limit, modify or cancel orders placed, or quantities purchased, by you or on your behalf at its sole discretion as set forth above.
This Site 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 RWS. The Site may contain trademarks, trade names, and service marks which may be owned by third parties. Nothing on the Site 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 the contents of the Site 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 Site or any of their content in any other website or other form of electronic retrieval system.
The Site 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 RWS 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 RWS’ endorsement, review or verification of the content.
RWS 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 RWS’ control; (c) any present or future law, code, regulation, court order by 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.
Your use of our Site is also subject to our Shipping Policy, which can be found in our Customer Service section of RWS’ website located at www.therarewhiskeyshop.com and is incorporated herein by reference.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD RWS 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 OR RELATED TO THE SITE, THE PERFORMANCE OF THE SITE, YOUR USE OF THE SITE, THESE TERMS, FAILURE TO PROVIDE SERVICES OR PRODUCTS, ANY VIOLATION (WHETHER KNOWINGLY OR UNKNOWINGLY) OF ANY APPLICABLE LAW, CODE, OR REGULATION IN CONNECTION WITH YOUR USE OF THE SITE, YOUR ACTIVITIES IN CONNECTION WITH THE SITE, OR YOUR PURCHASE OF ANY PRODUCTS FROM THIS SITE, 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, OMISSION, NEGLIGENCE, OR FRAUD BY YOU OR ON YOUR BEHALF.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RWS 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 SITE, THE PERFORMANCE OF THE SITE, YOUR USE OF THE SITE, 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, OMISSION, OR NEGLIGENCE, WHETHER BASED ON TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH RWS, ANY PORTION OF RWS’ SITE, ANY PART OF THESE TERMS AND CONDITIONS, OR YOUR TRANSACTION OR PROPOSED TRANSACTION WITH RWS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. NOTWITHSTANDING THE FOREGOING, AND WITHOUT LIMITING APPLICATION OF SAME, RWS TOTAL AGGREGATE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT PAID TO RWS BY YOU FOR ANY PRODUCTS OR SERVICES. THIS LIMITATION OF LIABILITY IS SEPARATE, DISTINCT, AND INDEPENDENT OF ANY OTHER TERMS, CONDITIONS, OR PROVISION OF THESE TERMS THAT DOES OR THAT MAY LIMIT OUR LIABILITY OR YOUR REMEDIES UNDER THIS AGREEMENT.
DISCLAIMER OF WARRANTIES
THE SITE, THE CONTENT CONTAINED ON THE SITE, AND ANY GOODS, PRODUCTS, OR SERVICES PURCHASED BY OR THROUGH THE SITE ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE”. RWS 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.
RWS is committed to ensuring that individuals with disabilities enjoy full access to our website. In recognition of this commitment, we have previously and are in the process of making modifications to improve the accessibility and usability of this website, using the applicable portions of the Web Content Accessibility Guidelines (WCAG) as our standard. Our efforts are ongoing, and we welcome your feedback on the accessibility of our website. Please let us know if you encounter accessibility barriers on our website so that we may work to resolve those issues promptly. Our contact information follows below. Please include the date and time that you encountered the website issue, the webpage on which the issue was encountered, the specific issue you encountered, and the name and version of each browser and assistive technology used when the issue was encountered. To ask questions or comment about our accessibility disclaimer and practices, contact us at: firstname.lastname@example.org, or write us at: 3135 1st Ave N Suite 13352, Saint Petersburg, FL 33733, Attn: Website Accessibility.
The Terms (i) constitute a binding agreement between you and RWS; (ii) represent the entire agreement between you and RWS, 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 RWS. Nothing contained herein shall imply any partnership, joint venture, or agency relationship between you and RWS 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 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 Site and your use of the Site, 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 (or Hillsborough County in the State of Florida for any dispute that is subject to the jurisdiction of the United States District Courts), 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 Site and/or your use of the Site. Neither Party shall sell, transfer, or assign the Terms, or the rights or obligations hereunder, without the prior written consent of the other Party. The parties’ rights and obligations hereunder 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 RWS to exercise some right or enforce some provision under these Terms at any time shall not act as a waiver of any other right in any way.