Welcome to the Internet site of LuxuriousDrinks.com Luxurious Drinks B.V. (" Luxurious Drinksâ„¢ ").
User Obligations
You agree not to do any of the following while using the LuxuriousDrinks.com Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the LuxuriousDrinks.com Site or LuxuriousDrinks.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the LuxuriousDrinks.com Site except as permitted in writing by LuxuriousDrinks.com.
The Sale of Alcoholic Beverages
LuxuriousDrinks.com does not sell alcohol to persons under the age of 18. By using this site you swear and affirm that you are over the age of 18. LuxuriousDrinks.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 18. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from LuxuriousDrinks.com is over the age of 18. You also agree that any alcohol purchased from LuxuriousDrinks.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 18 LuxuriousDrinks.com will prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all drinks passes from LuxuriousDrinks.com to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for the shipping it from the warehouse to his/her home state. By arranging for transportation of the drinks, LuxuriousDrinks.com is providing a service to, and acting on behalf of the purchaser. By utilizing this service from LuxuriousDrinks.com, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this LuxuriousDrinks.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of LuxuriousDrinks.com. LuxuriousDrinks.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this LuxuriousDrinks.com Site by anyone other than authorized LuxuriousDrinks.com employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, LuxuriousDrinks.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. LuxuriousDrinks.com does not sponsor or endorse any of these companies or their services.
Links
The LuxuriousDrinks.com Site may contain links to other web sites or resources. You acknowledge and agree that LuxuriousDrinks.com is not responsible or liable for (a) the availability or accuracy of such web sites or resources; or (b) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the LuxuriousDrinks.com Site does not imply that LuxuriousDrinks.com endorses the linked site.
Protection of Content Provided by LuxuriousDrinks.com and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the LuxuriousDrinks.com Site ("Site Content") are copyrighted materials owned by or licensed to LuxuriousDrinks.com. The Site Content may contain trademarks, service marks and trade names which are owned by LuxuriousDrinks.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by LuxuriousDrinks.com, its affiliates, or third parties. "LuxuriousDrinks.com" is a trademark of LuxuriousDrinks.com. Unless authorized in writing by an officer of LuxuriousDrinks.com, LuxuriousDrinks.com's trademarks may not be used in connection with any product or service that is not LuxuriousDrinks.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LuxuriousDrinks.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of LuxuriousDrinks.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the LuxuriousDrinks.com Site. Nothing contained in the LuxuriousDrinks.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of LuxuriousDrinks.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to LuxuriousDrinks.com, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
LuxuriousDrinks.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LuxuriousDrinks.com's Designated Agent the following information:
LuxuriousDrinks.com's Policy Concerning Claims of Infringement
a. Written Notice of Copyright Claims.
Claims of infringement should be in writing and should be directed to LuxuriousDrinks.com's designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices
LuxuriousDrinks.com will give you any necessary notices by posting them on the LuxuriousDrinks.com Site. You authorize LuxuriousDrinks.com to send notices via electronic mail as well if LuxuriousDrinks.com decides, in its sole discretion, to do so. You agree to check the LuxuriousDrinks.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the LuxuriousDrinks.com Site.
Disclaimer of Warranties
ALTHOUGH LuxuriousDrinks.com ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE LuxuriousDrinks.com SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE LuxuriousDrinks.com SITE. LuxuriousDrinks.com DOES NOT WARRANT THAT YOUR USE OF THE LuxuriousDrinks.com SITE, OR THE OPERATION OR FUNCTION OF THE LuxuriousDrinks.com SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE LuxuriousDrinks.com SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. LuxuriousDrinks.com AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE LuxuriousDrinks.com SITE. THE LuxuriousDrinks.com SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL LuxuriousDrinks.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LuxuriousDrinks.com SITE, THE USE OR PERFORMANCE OF THE LuxuriousDrinks.com SITE, THE DELAY OR INABILITY TO USE THE LuxuriousDrinks.com SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LuxuriousDrinks.com SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LuxuriousDrinks.com SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LuxuriousDrinks.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LuxuriousDrinks.com SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LuxuriousDrinks.com SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS LuxuriousDrinks.com'S LIABILITY OR YOUR REMEDIES.
No Responsibility to Sell Mispriced Products or Services
LuxuriousDrinks.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. LuxuriousDrinks.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, LuxuriousDrinks.com shall immediately issue a credit to your credit card account in the amount of the charge.
Privacy Policy
Your use of the LuxuriousDrinks.com Site is governed by the LuxuriousDrinks.com Privacy Policy.
Termination of your LuxuriousDrinks.com Account
LuxuriousDrinks.com may terminate your LuxuriousDrinks.com Account with or without cause at any time effective immediately.
Modifications to Prices or Billing Terms
LuxuriousDrinks.com RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
The Terms of Service were updated January 8, 2014.
