Terms and Conditions
YOU MUST BE AT LEAST 21 YEARS OLD TO VISIT TAKEYOURPICKLIQUORS.COM. IF YOU ARE NOT, YOU MUST LEAVE THE SITE IMMEDIATELY.
SALE OF ALCOHOLIC BEVERAGES
Take Your Pick Liquors (“TYPL”) does not sell alcohol to persons under the age of 21. By using this site, you swear and affirm to us that you are over the legal age required to buy alcoholic beverages and products and you are purchasing solely for (i) self consumption or (ii) gifting to a person in the United States, who is at least 21 years old. You also affirm that the state in which you are ordering and the state to which you are asking us to deliver permit the sale and delivery of alcoholic beverages.
By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages is at least 21 years old. You also agree that you are not permitted to resell alcohol purchased. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site.
By using the site, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions), as they may be amended from time to time, we may refer to herein collectively as your “Agreement” with us.
ACCEPTANCE OF AND CHANGES TO TERMS OF SERVICE
By using our site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our site following the effective date contained in the notification or the posting of such changes on our site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the then current terms and conditions of the Agreement.
If you have questions or concerns about our specific terms, please send an e-mail to info@takeyourpickliquors.
As a user of this site, you agree NOT TO DO any of the following:
- Intentionally or knowingly violate any applicable law or regulation or agreement to which you are bound – including this Agreement – nor the rights of any other party.
- Purchase liquor for other than the following reasons: (i) personal drinking consumption in the United States; or (ii) gifting to someone (of legal age) in the United States.
- Purchase for resale.
- Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities.
- Exceed authorized access, tamper with, or misuse any areas of TAKEYOURPICKLIQUORS.COM or their computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution.
- Frame or link to TAKEYOURPICKLIQUORS.COM or any of our other sites, unless permitted in writing by TAKEYOURPICKLIQUORS.COM.
When you visit our website, we collect information about the device you use, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. When you look through our site, we collect information about the pages or products that you view, how you got to our site, and how you interact with our site.
When you purchase or attempt to purchase a product through our site, we collect information about your order, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. See the Privacy Privacy section of our site for more information.
USER GENERATED CONTRIBUTIONS
This site does not allow users to submit or contribute content. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than a TYPL employee who is authorized by us and is acting in her or his official capacity.
All text, graphics, logos, icons, images, audio clips, video clips and software on the site are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned by us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by the Take Your Pick Liquors owner or his designee, you may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other website or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserve all such rights.
DISCLAIMER OF WARRANTIES
Although we endeavor to provide current, accurate and reliable information and pictures on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of the our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site.
LIMITATION OF LIABILITY
In no event shall we and/or our owner, employees, partners, agents, contractors and/or representatives be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our website, this Agreement, the use or performance of our website, the delay or inability to use our website, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our website, or otherwise arising out of the use of our website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
You agree to defend, indemnify, and hold Take Your Pick Liquors, employees, owner, officers, partners and agents and alcohol brand owners harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Take Your Pick Liquors, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the site and your activities in connection with the site; (ii) your breach or alleged breach of these Terms of Service or the representations or warranties that you have made in these Terms of Service; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or regulatory authorities in connection with your use of the site or your activities in connection with the site; (iv) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) Take Your Pick Liquors’ use of the information that you submit to us. You will cooperate as fully required by Take Your Pick Liquor in the defense of any claims. Notwithstanding the foregoing, Take Your Pick Liquor retains the exclusive right to settle, compromise and pay any and all claims and reserves the right to assume the exclusive defense and control of any claims. You will not settle any claims without, in each instance, the prior written consent of an officer of a Take Your Pick Liquor.
All of our processing is done via Stripe. You may pay for your order with a debit card or major credit card (Visa, MasterCard, American Express, Discover).
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
All sales are final – we do not accept returns. If you request a cancellation prior to the order being packed, we will do our best to issue a full refund. Once your order has been packed but not picked up by Fedex, we will do our best to issue a refund minus the shipping and handling cost.
Refund(s) will not be issued for orders once they have been picked up or dropped off with FedEx. Refund(s) will not be issued for package(s) that are returned to us for any reason. If the order is returned to us as undeliverable, you must contact us (email@example.com) within seven days of the last delivery attempt and pay for shipping for us to re-ship the order back to you. If you encounter a problem with your order related to shipment problems or errors in order fulfillment (such as a missing or broken item), you have seven days from the time that you place your order to contact us.
ORDER LIMITATIONS / LIMITED QUANTITIES
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with TAKEYOURPICKLIQUORS.COM. These restrictions may include orders placed by the same website account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the email and/or billing address provided at the time the order was made.
All orders placed on our site are subject to product availability and will be shipped according to Take Your Pick Liquors shipping policies. In the event your order never arrives, notification of lost items must be received within seven days from receipt of the shipping confirmation email. Please review the Shipping and Delivery section of our site for additional information.
CHANGES / ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered. We have the right to cancel orders if the product is not available, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
TERMINATION OF USE
We may terminate your TAKEYOURPICKLIQUORS.COM account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the site at any time without prior notice.
We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, major weather event, war, computer or telecommunications failure or other circumstance beyond our control.
Agreement To Arbitrate
In the event of a dispute between you and us arising under or relating to TAKEYOURPICKLIQUORS.COM site or the TYPL business, you hereby acknowledge and agree that by using the our website, you are irrevocably agreeing to resolve any such dispute or claim through binding arbitration, as described below, instead of bringing an action in court. This means that neither party shall have the right to litigate such dispute or claim in court or to have a jury trial.
You acknowledge and agree that discovery and appeal rights are limited in arbitration.
Class Action Waiver
Arbitration must be on an individual basis. This means that neither you nor take your pick liquors may join or consolidate claims in arbitration by or against other individuals, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
TYP Liquor reserves the right to refuse a sale for any reason.
Take Your Pick Liquors makes every effort to ensure our website's content is accurate, accessible and user friendly to all. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is in error and/or is not accessible, please email us at firstname.lastname@example.org.
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