Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of Whiskey Caviar's websites (the "Sites") and other digital services (collectively, the "Services"), including all features, functionality, content, and applications offered by Whiskey Caviar and its affiliates ("Whiskey Caviar," "we," "our," or "us").
By accessing or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, are under the legal drinking age, or reside outside the United States, do not use the Services.
2. Eligibility
The Sites and Services are intended only for individuals who are:
-
At least 21 years old (legal drinking age), and
-
Located within the United States.
You are prohibited from using our Services if you do not meet these criteria.
3. Updates to These Terms
We reserve the right to modify these Terms at any time. Updates may be posted directly on the Sites. Your continued use of the Services after such updates constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.
4. Prohibited Uses
You agree not to use the Services:
-
In violation of any applicable law or regulation.
-
To exploit, deceive, or harm others or to collect unauthorized personal information.
-
To send spam, junk mail, or unauthorized advertising.
-
To impersonate Whiskey Caviar, its staff, users, or affiliates.
-
To introduce malware, disable or damage the Services.
-
To bypass any security features or access unauthorized data.
-
Using bots, scrapers, or other automated tools.
5. User Responsibilities
You are solely responsible for interactions with other users. Whiskey Caviar assumes no liability for user conduct but reserves the right to monitor disputes and take appropriate action at its discretion.
6. Communications
By using our Services or submitting personal information, you consent to receive communications from us, including:
-
Service-related emails,
-
Security notifications, and
-
Administrative alerts (via email or posted notices).
7. Purchases & Promotions
Purchasing Products
If you make a purchase through our Services:
-
You agree to provide accurate billing and payment information.
-
You authorize us to process payments and share information with third-party processors.
-
You are responsible for all applicable taxes and fees.
-
You confirm that you are authorized to use the payment method.
All transactions are subject to verification, availability, and current pricing. We reserve the right to refuse or limit orders and modify promotional terms.
Promotions
Participation in any sweepstakes, contests, or offers is subject to specific rules. If there’s a conflict between promotion terms and these Terms, the promotion terms take precedence.
8. Intellectual Property
We grant you a limited, non-transferable license to use the Services lawfully and for personal purposes only.
All content on the Services, including logos, trademarks, text, images, and videos ("Whiskey Caviar Content"), is owned or licensed by Whiskey Caviar and protected by intellectual property laws. You may not reproduce, distribute, modify, or exploit any Whiskey Caviar Content without prior written permission.
9. Shipping Damage & Navidium Insurance
If your insured order arrives damaged:
-
Submit photographic evidence within 24 hours to: contact@whiskeycaviar.com.
-
If Navidium insurance was not purchased, Whiskey Caviar and the courrier are not liable for transit damage.
Refunds or replacements are at the sole discretion of Whiskey Caviar and Navidium. Suspected fraud (e.g., doctored photos or empty bottles) will result in reporting to your credit card issuer and a permanent ban from the Services.
10. Missed Deliveries
The courrier will attempt delivery three times. If unsuccessful, the package will be returned to us. You will be charged for:
-
The original shipping fee,
-
The return shipping fee, and
-
The re-shipment fee.
Ensure someone 21+ years old is available to receive the delivery.
11. Termination & Monitoring
We may suspend, restrict, or terminate your access to all or part of the Services without notice if:
-
You violate these Terms,
-
Your use risks legal exposure or harm to others.
We reserve the right to modify or remove content and to monitor usage for compliance.
12. Third-Party Links
Links to third-party websites or resources are provided for convenience. Whiskey Caviar does not endorse or assume responsibility for third-party content or practices. Use at your own risk.
13. Service Availability & Updates
We strive for maximum uptime but may interrupt service for maintenance, security, or other operational reasons. Whiskey Caviar may remove or update content without notice.
14. User Submissions
By submitting ideas, suggestions, or creative materials, you agree:
-
Whiskey Caviar owns all rights to submitted content.
-
No confidentiality or compensation is guaranteed.
-
We may use submissions for any purpose without restriction.
15. Arbitration Agreement
All disputes shall be resolved by binding arbitration under the American Arbitration Association’s Commercial Arbitration Rules.
-
Seat of arbitration: San Diego, CA
-
Language: English
-
You waive class actions and agree to individual arbitration only.
-
The prevailing party may recover reasonable legal costs.
16. Governing Law
These Terms are governed by the laws of the State of California, with venue in San Diego County. You agree to the exclusive jurisdiction of these courts.
17. Disclaimers & Limitation of Liability
Use of Services is at your own risk. Whiskey Caviar provides all Services and content “as is” without warranties. We do not guarantee:
-
Uninterrupted or error-free functionality,
-
Protection from malware or viruses,
-
Accuracy or completeness of information.
To the fullest extent permitted by law, Whiskey Caviar and its affiliates are not liable for any direct, indirect, incidental, or consequential damages.
Here is a clean, professional SMS Messaging Addendum you can add directly to Whiskey Caviar’s Terms of Service. It clearly outlines message frequency, fees, and guidelines and is written in standard compliance language (TCPA / CTIA-friendly).
18. SMS Messaging Terms & Conditions
By opting in to receive SMS or MMS messages from Whiskey Caviar (“we,” “us,” or “our”), you agree to the following SMS Messaging Terms & Conditions. This addendum applies specifically to all text message communications sent by Whiskey Caviar.
Message Frequency
Message frequency may vary based on user interaction, account activity, promotions, and transactional updates. Messages may include, but are not limited to:
-
Order confirmations and shipping updates
-
Account notifications
-
Promotional messages, offers, and announcements
We strive to limit messaging to what is relevant and necessary, but frequency is not guaranteed and may change at any time.
Message & Data Rates
Message and data rates may apply. Whiskey Caviar does not charge for SMS messages, but your mobile carrier may impose standard messaging or data fees. Charges are billed by and payable to your mobile carrier and are subject to your carrier’s terms.
Opt-In & Consent
By providing your mobile number and opting in, you expressly consent to receive recurring automated and non-automated text messages from Whiskey Caviar. Consent is not a condition of purchase.
Opt-Out Instructions
You may opt out of receiving SMS messages at any time by replying STOP to any message. After opting out, you will receive a confirmation message, and no further SMS communications will be sent unless you re-subscribe.
For help, reply HELP or contact customer support.
Supported Carriers
SMS services are supported by most major U.S. carriers. Whiskey Caviar is not responsible for delayed or undelivered messages due to carrier limitations or network issues.
User Guidelines
By participating in our SMS program, you agree that you will not:
-
Use abusive, threatening, or unlawful language in responses
-
Attempt to disrupt or misuse the messaging service
-
Submit false or misleading information
We reserve the right to suspend or terminate SMS communications for any user who violates these guidelines.
Privacy
Your privacy is important to us. Information collected through SMS messaging is handled in accordance with our Privacy Policy and is not sold or shared with third parties for their marketing purposes.
Changes to SMS Terms
We reserve the right to modify or discontinue our SMS program or these SMS Terms at any time. Continued participation after changes constitutes acceptance of the revised terms.
19. Indemnification
You agree to indemnify and hold harmless Whiskey Caviar and its affiliates from any claims, liabilities, or legal fees resulting from your use of the Services or violation of these Terms.
20. Waiver & Severability
A failure to enforce any part of these Terms is not a waiver. If any provision is found invalid or unenforceable, the rest shall remain in effect.
21. Entire Agreement
These Terms, together with our Privacy Policy, represent the full agreement between you and Whiskey Caviar and supersede all prior agreements.
