YOU MUST BE 21 YEARS AND UP TO VISIT THIS SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY PRIOR TO USING OUR WEBSITE. YOUR USE OF THIS SITE IN ANY FASHION REPRESENTS YOUR ACCEPTANCE AND ACKNOWLEDGMENT OF THE PROVISIONS SET FORTH BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, DO NOT USE THIS WEBSITE.
- whiskeycaviar.com (hereinafter the “Website” or “Site”) is an online store owned and operated by Whiskey Caviar, it maintains a retail store located at 2121 San Elijo Ave. Cardiff, CA 92007. All sales made under this Website ship from the retail location. All prices are subject to change without notice. Whiskey Caviar is not responsible for typographical errors and reserves the right to change incorrect pricing at its sole and absolute discretion. Whiskey Caviar serves the right, at its sole and absolute discretion, to revise these terms and conditions at any time. Images are not direct representations of the bottle in stock. The image is for display purposes only as you may receive an outdated or newer design of the same item. Your continued and ongoing use of the Website following any such changes acknowledges your acceptance of those changes and their applicability to you. If you do not agree with these terms and conditions of use, please do not use this Website.
- Purchase of Alcoholic Beverages. By placing your order you have represented to Whiskey Caviar you are at least 21 years old and are giving consent to Whiskey Caviar to charge your credit card for the total amount of your order. You represent to Whiskey Caviar that all items purchased on the Site are for personal consumption and not for resale. You will be charged sales tax, if any, as may be assessed by your State for the sale of alcoholic beverages; otherwise, California sales tax will be assessed on the sale as California charges sales tax for anything sold in this State. You will also be responsible for any local taxes imposed by your State, if any. In the event an item ordered is out of stock, we will notify you via email with information on its next availability. At that time, you may wait for the product to arrive, replace it with another item, or remove it from the order altogether. We will adjust the total payment accordingly. Once an order is placed, any address change request must be made promptly. Whiskey Caviar will make a good faith effort to accommodate such request but makes no guarantee such address change can be accomplished. All fees and costs associated with an address change request will be passed to the customer. Non-California residents are responsible for determining if their state or county laws allow wines, spirits or tobacco products to be shipped into their state or county. Each state or county has their own laws and regulations related to these products. Please check with your appropriate agencies. Each individual accepts full responsibility for their state verification.
- Title to Goods. Laws concerning the sale and shipping of alcoholic beverages are complex and vary from State to State. Accordingly, you will be the legal owner of the goods when your order is approved by your credit card company. Title to all alcoholic beverages purchased on this Site pass to you in the State of California when the goods are picked up by the common carrier.
- Shipping Laws. You are responsible for abiding by all State and local laws, rules, and regulations of your State pertaining to the receipt of alcoholic beverages from out of state. You additionally represent you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, and are legally entitled to take possession of the alcoholic beverages. You further represent you are legally entitled to take possession of the quantities ordered, and that you and the person accepting delivery of the alcoholic beverages are at least 21 years of age. By making a purchase on our Site, you are asking us to appoint a common carrier and arrange for transportation on your behalf for the delivery of alcoholic beverages to you. By making use of this service from Whiskey Caviar, you are representing you are acting in agreement with your local and State laws regarding the purchase, transportation, and delivery of alcoholic beverages. Accordingly, we make no representations or warranties concerning the legal requirements of shipping alcoholic beverages to your State; our Website merely provides a list of those States where common carriers have indicated their willingness to deliver alcohol. As such, you understand and acknowledge you are accountable and liable for compliance with all laws concerning such shipments to your State, and you further agree to indemnify and hold harmless Whiskey Caviar, its agents, officers, directors, shareholders, and employees, from any and all claims, demands, damages, liability whatsoever, whether in tort, contract, or otherwise, arising out of the shipment of alcoholic beverages to your State, including any and all claims that such shipment may violate any federal, state, or local regulation pertaining to the sale and shipment of alcoholic beverages.
- Change in Shipping Laws. Following the placement of any order, and prior to the goods being shipped, in the event the laws of your State change so as to make it illegal for you to import alcoholic beverages into your State, you may return the order for a full refund, provided however, you have submitted proof to Whiskey Caviar, and its counsel, of regulations pertaining to such law changes. All returns must be made in accordance with California law and returns across state lines are not permitted. Once an order has shipped, title to the goods has passed to you in accordance with the terms and conditions stated herein and no refund can be issued.
- Processing and Shipping. Once an order is placed and processed by Whiskey Caviar, a tracking number for all shipments will be issued to the customer. While Whiskey Caviar tries to make every effort to fulfill orders as fast as possible, a typical order can take an average of 1-5 days to ship. However, please allow 8-10 days for delivery. Shipping charges are calculated based on weight, destination, and delivery method. All products delivered must be signed by an adult over the age of 21. You are responsible for checking your order immediately upon delivery. Items must be reported as missing or incorrect within five (5) calendar days from the date of delivery. In the event an incorrect item was shipped, you must submit a photo of the sealed bottle in an email to email@example.com
We are currently not shipping to the following states: Hawaii, Alaska and Utah
- Refunds. ABSOLUTELY NO REFUNDS. All sales are final. If you order on accident you MUST email immediately to be refunded. Anything after an immediate email will be subject to a 10% restocking fee. While Whiskey Caviar takes every precaution to ensure your order is packaged properly and arrives safely, Whiskey Caviar is NOT responsible for goods damaged in transit. All orders are shipped in bubble wrap and packaged with layers of foam cushioning to protect the bottles, as well as a durable box for extra protection. The option of choosing insurance on the package falls on the customer. Customers that pay for shipping insurance can file a claim via Route for a refund or resend. Orders that include original packaging from the manufacturer or contain irregular-shaped bottles may be packed differently, but securely in Whiskey Caviar’s sound business judgment. During times of bad weather (extreme heat, snowstorm etc.), you are responsible for notifying Whiskey Caviar of any special request to hold and postpone your order. Whiskey Caviar will not be responsible for any damages whatsoever due to the weather or climate conditions during shipment.
- Limitation of Liability. Whiskey Caviar will not be liable under any legal theory, whether in tort (including negligence), contract, or otherwise, for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the Website, regardless of whether Whiskey Caviar has been advised of the possibility of any such damages. WHISKEY CAVIAR RESERVES THE RIGHT TO CHANGE ANY INFORMATION CONTAINED ON THE WEBSITE AT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEBSITE, OR ANY CONTENT CONTAINED THEREIN, DO NOT USE THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST WHISKEY CAVIAR IS TO DISCONTINUE USE OF THE SITE AND DAMAGES AGAINST WHISKEY CAVIAR SHALL BE LIMITED TO THE DOLLAR VALUE OF THE ORDER PLACED BY YOU.
- Disclaimer of Warranties. Every effort has been made to maintain the accuracy of this Website. However, inadvertent factual or typographical errors may exist. Whiskey Caviar expressly disclaims all liability for any such errors or omissions in any of the information contained on this Website. Accordingly, and without limiting the generality of the foregoing, the information contained herein is provided “AS IS” and without warranty of any kind whatsoever, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for intended use.
- Force Majeure. Neither Party will be deemed to be in default of or to have breached any provision herein as a result of any delay, failure in performance or interruption of service, resulting from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires or other catastrophes or occurrences which are beyond such party’s reasonable control.
- Governing Law; Dispute Resolution. These terms and conditions and the use of this Website by you shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflict of law principles thereof. You irrevocably and unconditionally agree that any legal proceeding arising under or in connection with these terms and conditions or use of the Website will be brought exclusively in the courts of the State of California, County of San Diego.
- If any of these terms and conditions (or any portion thereof) or the application of any such provision (or any portion thereof) to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other persons or circumstances, and the parties shall endeavor to fulfill the intent of the severed provision to the extent permitted by law.
- All captions, titles or section headings of these terms and conditions are for ease of reference only and shall not affect the interpretation or construction of any provisions herein. Wherever the word “including” or “include” shall appear, such term shall be construed to mean “including without limitation” or “include without limitation,” as the case may be.