Terms of Service
TERMS OF SERVICE:
PLEASE NOTE THAT YOUR USE OF THE WINESPIRITSNOW.COM SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE WINESPIRITSNOW.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF WINESPIRITSNOW.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
SITE ACCESSIBILITY
We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site, you represent that you are over the age of 21. Also, Wine Spirits Now works diligently to ensure that alcohol beverages are not delivered to anyone who is under the age of 21. By using the Site, you represent that the person placing an order, or receiving a shipment or delivery of alcoholic beverages from us (where permitted) is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.
Your representations are critical to your right to use the Site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we may take action to prevent you from accessing the Site and report your misrepresentation to the appropriate authorities.
PARENTAL CONTROL PROTECTION
As required by the Communications Decency Act of 1996, WINESPIRITSNOW.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. Crownwineandspirits.com does not sponsor or endorse any of these companies or their services.
ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WINESPIRITSNOW.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 WINESPIRITSNOW.COM SITE, THE USE OR PERFORMANCE OF THE WINESPIRITSNOW.COMSITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WINESPIRITSNOW.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WINESPIRITSNOW.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINESPIRITSNOW.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WINESPIRITSNOW.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WINESPIRITSNOW.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS WINESPIRITSNOW.COM'S LIABILITY OR YOUR REMEDIES.
SHIPPING & DELIVERY
The Buyer assumes title to the alcohol beverages upon purchase and all responsibility for shipment of any alcohol beverages purchased. By placing this mail order with WineSpiritsNow.com for the alcohol beverages, the Buyer is responsible for hiring a common carrier and authorizes WineSpiritsNow.com to release Buyer's purchase to the common carrier at WineSpiritsNow (ZASP Holding Inc)'s licensed premises. Buyer hereby acknowledges and agrees that WineSpiritsNow.com does not make any representation or warranty with respect to compliance with Florida law or any state law regarding this transaction. Buyer assumes all liability and risk of loss associated with Buyer's purchase. Buyer is solely responsible for the shipment of alcohol beverages and any other merchandise purchased, including without limitation, the determination of the legality of the shipment and any tax consequences as a result of this purchase.
FORCE MAJEURE
WineSpiritsNow.com shall be excused from performance under this Terms of Service if WineSPiritsNow.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of WineSpiritsNow.com.
INDEMNITY
You agree to indemnify, defend, and hold harmless WineSpiritsNow.com, its affiliates, employees, officers, agents, vendors and service providers (“ZASP Holdings Inc”), from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any ZASP Holdings Inc Entities, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms & Conditions; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) ZASP Holdings Inc Entities use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by ZASP Holdings Inc Entities in the defense of any Claim and Losses. Notwithstanding the foregoing, ZASP Holdings Inc retain the exclusive right to settle, compromise and pay any and all Claims and Losses. ZASP Holdings Inc Entities reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a ZASP Holdings Inc.
GENERAL
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site.
In the event of any conflict between any such third-party terms and conditions and these Terms & Conditions, these Terms & Conditions will govern.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms & Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms & Conditions will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms & Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.