TERMS & CONDITIONS
Welcome to AmericanSpirits.biz (the “Website”), the online website and home of American Spirits (“American Spirits”).
ACCEPTANCE, APPLICATION & SCOPE
The following terms, conditions, restrictions, limitations, notices and disclaimers (the “Terms & Conditions” or “Terms”) shall apply to the use of our Website, whether directly or indirectly, including, but not limited to, through direct use of the Website or indirectly by contacting our online/shipping department. 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. American Spirits reserves the right at any time, at American Spirits’ 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 “we”, “us”, “our”, “American Spirits” and “Company” refers to American Spirits, whose headquarters is located in the State of Florida with the mailing address of 280 3rd Street South, Saint Petersburg, FL 33701. American Spirits operates alcoholic beverage retail stores in the State of Florida. American Spirits 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 Website, 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 American Spirits 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 American Spirits that you are over the age of 21. American Spirits does not sell alcohol to persons under the age of 21. American Spirits 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 American Spirits 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 American Spirits 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 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 American Spirits 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 American Spirits, 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, and regardless of whether you knew or should have known of said laws, codes and regulations, 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. You further understand, acknowledge and agree that should you know or should have known that any service or products being offered on American Spirits’ Website 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 Website for and you will not make any purchases through or using the Website 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, American Spirits is solely located and operated out of the State of Florida, and American Spirits 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 American Spirits 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 American Spirits is passing from American Spirits 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 American Spirits’ retail stores located in the State of Florida. It is your sole responsibility to ship and/or arrange for shipping from American Spirits 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. American Spirits 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 American Spirits 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 American Spirits at your instructions and direction is being performed by American Spirits and provided to you solely within the State of Florida. By choosing shipping as a delivery method and having American Spirits 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 American Spirits 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.
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 www.P65Warnings.ca.gov/alchohol
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 www.P65Warnings.ca.gov/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 https://www.P65Warnings.ca.gov
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 American Spirits to sell you any particular 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 e-mail, 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.
Any and all orders placed on our Website is subject to product availability and is subject to any shipping restrictions and policies as set forth herein or anywhere else on American Spirits’ Website. In the event you do not receive any order, you understand and agree that you must notify American Spirits within thirty (30) days from receipt of the shipping confirmation sent to you.
As set forth above, all orders, including in-store pickup orders, are subject to product availability. In-Store Pickup may be limited to particular American Spirits locations. American Spirits will use the email address (or other contact information provided by you if necessary) to notify you when your order is ready for pickup. Although additional restrictions may apply, at pickup, the person who placed the order must be present and display valid State or other government issued identification, and the credit card used as payment for the order.
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 American Spirits 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 American Spirits 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 American Spirits has finished its verification process and your method of payment has been approved and charged. To assist American Spirits, you must provide billing address and other related information that matches the method of payment provided. Your order will not be approved if American Spirits is notified of improper or inadequate information, and you agree that American Spirits 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 American Spirits acceptance of your order or purchase. American Spirits 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).
All sales made through or Website are subject to our Return Policy, which can be read and reviewed in our Customer Care section and is incorporated herein by reference. Notwithstanding the foregoing, should you need to return an item purchased through our Website, please contact our Customer Care department at info@AmericanSpirits.biz for more information.
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 American Spirits attempts to correct any inaccuracies where discovered, American Spirits makes no representations and warranties that said information is correct, and that American Spirits 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.
For wine priced $20 or below, if the selected vintage is no longer available, we will substitute a comparable vintage of the same wine.
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 American Spirits. 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 American Spirits 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 American Spirits’ endorsement, review or verification of the content.
American Spirits 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 American Spirits’ 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.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD American Spirits 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 IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR ACTIVITIES IN CONNECTION WITH THE WEBSITE OR YOUR PURCHASE OF ANY PRODUCTS FROMT THIS WEBSITE, 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 American Spirits 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.
IF YOU ARE DISSATISFIED WITH American Spirits, ANY PORTION OF American Spirits’ WEBSITE, WITH ANY PART OF THESE TERMS AND CONDITIONS, OR YOUR TRANSACTION OR PROPOSED TRANSACTION WITH American Spirits, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE. NOTWITHSTANDING THE FOREGOING, AND WITHOUT LIMITING APPLICATION OF SAME, American Spirits 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 American Spirits 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 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”. American Spirits 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 American Spirits; (ii) represent the entire agreement between the you and American Spirits 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 American Spirits. Nothing contained herein shall imply any partnership, joint venture or agency relationship between you and American Spirits 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 (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 Website and/or your use of the Website. 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 American Spirits 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.