Terms of service
Terms of service
TO VISIT THE WHISKEYPROS.COM, YOU MUST BE AT LEAST 21 YEARS OLD. YOU MUST LEAVE THE SITE IF YOU ARE NOT. IF YOU ATTEMPT TO PURCHASE OR RECEIVE ALCOHOL BEING UNDER 21 YEARS OLD BY PLACING AN ORDER ON WHISKEYPROS.COM, WE WILL ASSIST LAW ENFORCEMENT IN PROSECUTING YOU TO THE FULLEST EXTENT OF THE LAW.
YOUR USE OF THIS SITE IN ANY MANNER REPRESENTS YOUR ACCEPTANCE AND ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS LISTED BELOW. DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND IF YOU ARE UNDER THE AGE OF 21.
OVERVIEW
This website is operated by California Royal Spirits Throughout the site, the terms “we”, “us” and “our” refer to California Royal Spirits. California Royal Spirits offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something with it, 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.
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 store 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.
SECTION 1 - ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least 21 years old. You may not use our products for any illegal or unauthorized purpose or for a resale nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to 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.
WhiskeyPros.com does not sell, offer to sell, or solicit the sale of alcohol; instead, our Services allow you to buy alcohol and other items for sale from licensed alcohol retailers who have chosen to work with us ("Retailers").
When you place an order with WhiskeyPros.com, you may be charged a service fee. Every service fee will be disclosed to you when you place your order and will be paid in addition to the purchase price and any applicable taxes. When you make an order on the Site, you are making a purchase offer to one or a few of our partner-Retailers. Your credit card company may authorize the complete purchase price (including any additional service fees and required taxes), but the Retailer does not accept your offer at that time. We communicate with the Retailer on your behalf, Retailer examines your order and determines whether or not to accept it. We can switch to another Retailer to fulfill your order. If the Retailer accepts your order, we will charge your credit card for the purchase price (plus applicable taxes and any additional service costs). The Retailer arranges for delivery, pick-up, or shipment.
One or a few Retailers in the Whiskey Pros business community must accept and ship all orders placed on the drinkrequest.com site, and any order cannot be considered accepted until it is shipped by the retailer. According to applicable laws and regulations, the liquor store (Retailer) may refuse to accept or fulfill your order for any reason, such as, for example, a technological error or "glitch" in transmitting the pricing to the customer over WhiskeyPros.com. As a result, no contractual or other obligation exists between the Retailer and you (or the intended recipient), even if your credit or debit card is authorized or charged at the time of order placement or afterward until a licensed retailer accepts and ships the order. In that case, the customer's credit or debit card would be fully refunded. Likewise, in such case, you will not be responsible for payment, nor would Whiskey Pros or the Retailer be obligated to provide any further compensation to you or any other party (other than a credit for the amount charged to your customer's card).
The Retailer or a delivery provider used by the Retailer will handle the delivery of your order. WhiskeyPros.com does not hire, choose, or manage delivery drivers. WhiskeyPros.com does not guarantee shipping or delivery times and is not responsible for Retailers' acts, omissions, items, content, or any delivery driver or service.
SECTION 2 - 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 the 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 express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
All alcoholic beverages titles and ownership transfer from the Retailer to the buyer at the Retailer in the state where the alcoholic beverage is purchased, and it is the consumer's exclusive obligation to ship and/or arrange for shipping from that Retailer to the state designated by the buyer. We are offering a service to you and acting on your behalf, or the buyer if another party, by arranging for transportation for delivery or shipping of any alcoholic beverage per your order. By directing us or the retailer to arrange to ship on your behalf, you represent that you are acting in accordance with the laws and regulations of your state, municipality, and any other State that apply to you, and the purchase, shipping, transportation, and delivery of alcoholic beverages.
You acknowledge and recognize that you have obtained all necessary permissions or consents, paid all necessary fees, and are operating through fully licensed intermediaries were necessary and that you, or the buyer or other destined or real recipient, are legally entitled to receive and take ownership of alcoholic beverages, is legally allowed to the volumes purchased and conveyed, and is 21 years or older. DO NOT PLACE AN ORDER IF YOU DO NOT WISH TO MAKE THE REPRESENTATIONS AND WARRANTIES IN THIS PARAGRAPH.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products 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 at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Retailers define their own prices on WhiskeyPros.com, and retailers and their delivery partners may charge you extra costs such as shipping and delivery fees, redelivery fees, and restocking fees. Your order, including shipping expenses, may be taxed. The amount of the tax is determined by factors such as the items ordered, the place of delivery, and the Retailer's legal duties. We retain the right to levy a service fee in order to cover our administrative expenditures. If WhiskeyPros.com charges a service fee, you will be made aware of it, and the cost will be collected by WhiskeyPros .com.
If the charge to your payment method differs improperly from the entire amount, including subtotal, fees, and gratuity, presented to you at checkout and/or after gratuity is selected, WhiskeyPros.com retains the right to charge your payment method again after the original charge.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our 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/phone number provided at the time the order was made. We reserve the right to limit or 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 made at our store. 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.
For more detail, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - 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 express 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 Whiskey Pros, 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, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless DrinkRequest and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 19 - CHANGES TO 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - DISPUTE RESOLUTION
You and Whiskey Pros may have a disagreement. If this occurs, we are dedicated to collaborating with you to seek an amicable solution. If an issue or disagreement occurs between you and Whiskey Pros both parties acknowledge and agree to make a good faith attempt to address it informally before beginning any formal dispute resolution procedure. This includes first providing the opposite party a written explanation of the disagreement. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to the following email address: info@WhiskeyPros.com. If Whiskey Pros begins a dispute, we will send a written explanation of the disagreement to the email address linked with your account. The textual description must be tailored to each individual and include at least the following information: a brief description of yourself.
You and Whiskey Pros agree to settle the disagreement in good faith in an informal telephone dispute resolution conference. The informal telephonic dispute resolution conferences must be individualized in such a way that each time either party intends to initiate individual arbitration, a separate conference must be held; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either side is represented by counsel, the counsel for that party may attend the informal telephone dispute resolution conference, but the party must also appear and participate. If the problem is not successfully addressed through this informal method within sixty (60) days of receipt of the written description of the dispute, you and Whiskey Pros agree to the further dispute resolution terms set out below.
The abovementioned informal conflict resolution procedure is a necessary condition antecedent to the initiation of any formal dispute resolution proceeding. While the parties are engaged in this informal dispute resolution procedure, they agree that any applicable limitations period, filing fee, or other deadlines shall be tolled. Failure to participate in this procedure may result in fees being awarded against you in arbitration.
If any provision of these Terms is found to be invalid by an arbitrator or court of competent jurisdiction, the parties agree that the arbitrator or court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions remain in full force and effect.
THE PARTIES ACKNOWLEDGE THAT ARBITRATION MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE THE CLAIM AND THAT THEIR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND WHISKEY PROS ARE EACH WAIVING THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
FORCE MAJEURE
We will be excused from performing under these Terms of Service if we fail or are prevented, forbidden, or delayed from performing due to: (a) any provision of any current or future law, 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, war, computer or telecommunications failure, or other circumstance beyond our control.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@WhiskeyPros.com.
