Standard Terms and Conditions for https://thebourbonconcierge.com/.
These website Standard Terms and Conditions (these “Terms” or these “website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “website”). These Terms apply in full force and effect to your use of this website and by using this website, you expressly accept all terms and conditions contained herein in full. You must not use this website if you have any objection to any of these website Standard Terms and Conditions.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this website, under these Terms, The Bourbon Concierge and/or its licensors own all rights to the intellectual property and material contained in this website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this website.
You are expressly and emphatically restricted from all of the following:
- publishing any website material in any media;
- selling, sublicensing and/or otherwise commercializing any website material;
- publicly performing and/or showing any website material;
- using this website in any way that is, or may be, damaging to this website;
- using this website in any way that impacts user access to this website;
- using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website;
- using this website to engage in any advertising or marketing.
Certain areas of this website are restricted from access by you and The Bourbon Concierge may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this website. With respect to Your Content, by displaying it, you grant The Bourbon Concierge a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. The Bourbon Concierge reserves the right to remove any of Your Content from this website at any
time, and for any reason, without notice.
5. No warranties.
This website is provided “as is,” with all faults, and The Bourbon Concierge makes no express or implied representations or warranties, of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consult or advice to you.
6. Limitation of liability.
In no event shall The Bourbon Concierge, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and The Bourbon Concierge, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.
You hereby indemnify to the fullest extent The Bourbon Concierge from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms.
The Bourbon Concierge is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this website.
10. Shipping and Delivery Terms
The Bourbon Concierge is authorized by our legal carrier and bylaws of Washington DC where our liquor license resides for shipping product. The Bourbon Concierge reserves the right to refuse shipments that may subject us to the risk of legal action or other harm. The buyer is responsible for all obligations for compliance with your State's laws regarding Alcoholic Beverages. If a buyer lives in a state where receiving direct shipment of alcoholic beverages violates the law, we suggest that the buyer provide an alternative address in another state. Additionally, you 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 alcoholic beverages from out of state shipments. All orders require someone at least 21 years of age to sign for the package upon delivery. By placing your order, you have represented to The Bourbon Concierge that you are at least 21 years old and are giving The Bourbon Concierge consent to charge your credit card for the total amount of the order.
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 and any other purchased merchandise to you. By making use of this service from The Bourbon Concierge, 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 The Bourbon Concierge, 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.
Bourbon Concierge Shipping Protection (order protect) must be purchased at the time of checkout in order to cover lost, stolen (undeliverable or proven to be delivered to the wrong address), or damaged shipments. This covers a full refund or replacement of the effected products upon the approval of Bourbon Concierge management. For claims on damages, pictures of the bottles, boxes, packing Minor spillage/leakage, damage, cosmetic defects are all possible during transit and shipping protection does not cover these. Blanton's bottles in particular are prone to leakage and slight cosmetic cracks to the wax. These are not covered by shipping protection, however we are happy to review all individual blanton's issues to see if there is anything that can be done. The Bourbon Concierge is not responsible for any lost, stolen, or damaged packages that have been submitted as orders with an incorrect address, had a package hold request placed, a change of address requested, or any failed delivery attempts. Once a delivery has been made and can be verified by proof of delivery with the carrier to the correct address, shipping protection no longer applies and any replacements or refunds are at the discretion of The Bourbon Concierge. If the package is returned due to continued failed delivery, we will refund your order and a twenty-five percent (25%) restocking fee will be deducted from the refund. Shipping costs will not be refunded. If a package is returned to The Bourbon Concierge due to failed delivery attempts or refusal of delivery and is damaged, no refund will be issued. Please see our FAQ's for order cancellation policies.
11. Image Representation.
The product images shown are for illustration purposes only and may not be an exact representation of the product received. All bottles are 750ml unless otherwise specified with the exception of blantons gold and blantons straight from the barrel which are typically 700ml. Specific requests can be made however not guaranteed as our stock rotates.
By completing purchases for delivery outside the District of Columbia, the customer agrees that they are solely responsible for filing and paying any and all sales and/or taxes applicable or due in their state of residency and/or in the final destination state.
The Bourbon Concierge shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
14. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between The Bourbon Concierge and you in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same.
15. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of District of Columbia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in District of Columbia for the resolution of any disputes.
16. Order Cancellations and Refunds
Please refer to our frequently asked questions for our policies on order cancellations and refunds. https://thebourbonconcierge.com/pages/faqs