OVERVIEW
This website is operated by Cask and Barrel Club, LLC., a limited liability company formed under the laws of the state of Florida. Throughout the site, the terms “Cask and Barrel Club”, “we”, “us” and “our” refer to Cask and Barrel Club, LLC. Cask and Barrel Club 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 from us, 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.
YOU MUST BE OVER TWENTY-ONE YEARS OF AGE TO USE THIS SITE.
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 site 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.
By using this site, you affirm and/or acknowledge the following:
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You are over the age of 21
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The recipient of your order is over the age of 21
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Your order is intended for personal consumption and not for sampling or resale purposes.
Title and ownership of all products pass to you in the State the alcoholic beverage is purchased. The products will be delivered on your behalf within that state.
By using the Cask and Barrel Club service to arrange the delivery of your order into any state other than the state in which the retailer is licensed to sell alcoholic beverages, you represent that such delivery is in compliance with the laws and regulations of the State and municipality to which you requested the goods to be delivered.
SECTION 1 – RELATIONSHIP BETWEEN RETAILER, YOU AND US
When you purchase a product using our website, you are not purchasing that product from us. RATHER, YOU ARE APPOINTING US AS YOUR AGENT TO PLACE AN ORDER AND PURCHASE THE PRODUCT FROM A THIRD PARTY LICENSED TO SELL BEVERAGE ALCOHOL. THIS AGENCY RELATIONSHIP IS EXPLAINED MORE FULLY BELOW. PLEASE NOTE – WE NEVER TAKE TITLE TO THE PRODUCT.
SECTION 2 – PRODUCTS, TITLE AND OWNERSHIP, INDEMNIFICATION & WAIVER
Cask and Barrel Club is a marketing company that acts as the agent for its customer. When you seek to purchase a product listed on this website, you are appointing Cask and Barrel Club to act as your agent to place the order with a licensed retailer. Each licensed retailer will only sell and deliver in the state in which it is licensed. Cask and Barrel Club, acting as your agent, will seek to place the order with the licensed retailer. If the retailer accepts the order, it will deliver the product to Cask and Barrel Club as your agent. Cask and Barrel Club, as your agent will accept delivery of the product in the state in which the retailer is licensed and will deliver or arrange for the goods to be delivered to a warehouse, in your name, in that state. Cask and Barrel Club never takes title to the goods in its own name. Once purchased, the goods belong to you. Unless you direct that the product remains in storage in that state, Cask and Barrel Club, acting as your agent, will then request that the goods be delivered to you at the address you provide. Because all products are accepted for delivery in the state in which the retailer is licensed, you will be required to pay the state and local sales tax associated with a sale and delivery in that state. ALL RISK OF LOSS WILL PASS TO YOU WHEN THE GOODS ARE DELIVERED WITHIN THE STATE IN WHICH THE RETAILER IS LICENSED. MOREOVER, YOU ARE RESPONSIBLE TO KNOW THE LAW OF THE STATE IN WHICH YOU LIVE OR TO WHICH YOU WISH THE GOODS SHIPPED AS THEY RELATE TO THE SHIPMENT AND DELIVERY OF ALCOHOLIC BEVERAGES. YOU ARE RESPONSIBLE TO PAY ANY STATE AND LOCAL EXCISE TAXES AND USE TAXES. YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS AGAINST ANY DAMAGES (INCLUDING ATTORNEY’S FEES) RESULTING FROM ANY CLAIM THAT THE GOODS PURCHASED BY YOU CANNOT BE LEGALLY SENT INTO THE STATE IN WHICH YOU LIVE BY A PERSON WHO OWNS SUCH GOODS AND HAS PURCHASED THEM FOR HIS OR HER PERSONAL CONSUMPTION OR THAT YOU HAVE EXCEEDED THE AMOUNT OF GOODS WHICH MAY BE SHIPPED INTO THE STATE FOR PERSONAL CONSUMPTION OR THAT ANY TAXES OR DUTIES WHICH MAY BE IMPOSED UPON SUCH SHIPMENT OR CONSUMPTION HAVE NOT BEEN PAID.
YOU UNDERSTAND THAT ALTHOUGH CASK AND BARREL CLUB IS ACTING AS YOUR AGENT IN THE TRANSACTION, IT MAY ACCEPT PAYMENT FROM OR CHARGE FEES TO THE RETAIL LICENSEE AND OTHER PARTIES TO TRANSACTIONS IN WHICH YOU ARE INVOLVED AS THE PURCHASER. YOU AGREE THAT YOU HAVE WAIVED ANY CLAIM OF CONFLICT OF INTEREST, BREACH OF FIDUCIARY OBLIGATION OR ANY OTHER SIMILAR CLAIM.
SECTION 3 – PRICES SUBJECT TO CHANGE; MODIFICATIONS
Prices for the products listed on the website 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.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities, may not be returnable, and if returnable, may be returned or exchanged only according to the Return Policy. PLEASE NOTE THAT WHEN YOU MAKE A PURCHASE ORDER, YOU ARE APPOINTING US AS YOUR AGENT TO TRANSMIT THAT ORDER TO A LICENSED THIRD PARTY SELLER. THE RETURN POLICY OF THAT SELLER AND THE LAWS OF THE STATE IN WHICH THAT SELLER IS LICENSED, MAY DETERMINE WHETHER THE GOODS MAY BE RETURNED AND IF SO, THE APPLICABLE RETURN POLICY.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Products or services may be limited in availability as to person, geographic region or jurisdiction. You agree that we may exercise the right to limit the products we are willing to purchase or services we are willing to perform on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice. 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.
For more detail, please review the Return Policy.
SECTION 5 – 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 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 written permission by us.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse to place any order you ask us to place. Moreover, you understand that the licensed vendor has the right to refuse or reject any order we may place with it. We or the vendor may, in our or its 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 or phone number provided at the time the order was made. You agree that you will not place any order through us with the intent of reselling an item. We reserve the right to 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 you ask us to place on your behalf. 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.
SECTION 7 – 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 8 – USE OF OUR WEBSITE
By using our website, you agree to our Terms of Service. You further represent that you are at least 21 years of age.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to alcoholic beverage laws and 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. Moreover, you may be liable to us for any damages resulting from your breach.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or 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 10 – 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 11 – 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 along with your name or likeness. By providing a comment or comments you authorize us to use your name (and if you sent it) and your likeness without compensation. 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 right. 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 12 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 13 – 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 14 – 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 15 – 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 expressed 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 CASK AND BARREL CLUB, 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, BREACH OF FIDUCIARY OBLIGATION 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 AS LIMITED AS THE LAW PERMITS.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cask and Barrel Club and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 17 – 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 18 – 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 and by ceasing to use our site and services.
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 19 – ENTIRE AGREEMENT, NO WAIVER
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 constitutes 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 20 – GOVERNING LAW AND HEADINGS
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 Florida.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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.
No change to the Terms of Service shall be valid unless changed in writing and posted on this page.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
