TERMS OF SERVICELast Updated: 6/15/2022
Hi! Thanks for shopping with City Beer. We want to make sure that you know exactly what to expect and you get the most out of your experience. So, we’ve put together some basic terms.
These Terms of Service (“Terms”) govern your use of the City Beer (“we”, “us,” or “our”) websites, including www.citybeerstore.com (collectively, our “Service”). Your use of the Service constitutes acceptance of these Terms.
Any use of or access to the Service by anyone under 21 years of age is strictly prohibited and in violation of these Terms. By using this site you are representing that you are over the age of 21. We work diligently to ensure that alcohol beverages are not delivered to anyone who is under the age of 21. By using this site you are representing that the person receiving a shipment of alcohol beverages from us is over the age of 21. By using this site you also agree that the alcohol beverage(s) purchased from us is intended for personal consumption and not for resale.
If you have any questions, email us at firstname.lastname@example.org.
Changes to these Terms.
We may change these Terms on a going-forward basis from time to time. If we do so, we will notify you of the changes. We will also update the “Last Updated” date at the top of these Terms when we make changes. Your continued use of the Service will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service. We encourage you to review these Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Service.
You may order products by submitting orders to us via the Service. We have the right, in our sole discretion, to accept or reject any order. No order is binding on us, and, regardless of your acceptance of such order, we may cancel or rescind a previously accepted order, without liability or penalty, by providing written notice to you specifying the applicable date of rejection, cancellation, or rescission, for any or no reason. If we cancel or rescind a previously accepted order, we will refund any amounts paid by you associated with such order, if any. Some state regulations may require a business address for shipment to a delivery location, and, if applicable, you represent that the address you have provided is a business address.
Products, Content, and Specifications
Details of the products and services available for purchase are set out on the Service. All features, content, specifications, products, and prices of products and services described or depicted on this Service are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors (however, the actual color you see will depend on how accurately your computer displays such colors) and prices. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time.
Accuracy of Information
We attempt to ensure that information on the Service is complete, accurate, and current. Despite our efforts, the information on the Service may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service. For example, products included on the Service may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service.
In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Shipping and Delivery and Related Charges
All product prices are exclusive of, and you are solely responsible for and shall pay, all shipping fees and taxes; provided, however, that you shall not be responsible for any taxes imposed on, or with respect to, our income. Any shipments or deliveries of product that are refused or undeliverable by our third-party carriers will be returned to us at your expense.
To purchase a product from us using the Service, we will ask you to provide certain information relevant to the purchase, including, without limitation, your credit card, debit card, or gift card information (collectively, “Payment Method”) as well as billing address and shipping information. You represent and warrant that
(a) all information that you provide in connection with a transaction with the Service is or will be accurate, complete, and current, and
(b) you have the legal right and authority to use any Payment Method utilized in connection with any transaction.
By submitting such Payment Method, you grant to us the right to provide your Payment Method to third parties in connection with your purchase. You agree to pay all charges incurred in connection with any Payment Method used in connection with a transaction with the Service.
We may accept various payment through a third-party payment process, and, by making payment through the Service, you agree to be bound by the terms of our third-party payment processors, as applicable.
You may purchase gift cards through the Service, which may be redeemed solely through the Service for our products or services. The amount of the gift card you purchase will be charged to you according to your selected Payment Method. Gift cards cannot be redeemed for other gift cards or cash except where required by law and cannot be transferred once redeemed. We are not responsible for lost or stolen gift cards, or for use without your or the recipient’s permission. Contests, Sweepstakes, and Games. From time to time we may offer contests, sweepstakes, and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes, or game.
Order Management, Processing Orders
Orders (other than subscription orders) take between one and three business days before being shipped. Please be advised that during holidays or with special releases there could be delays in fulfilling orders. Once your order is processed, you will receive a tracking number by email where you can check the progress of the order. We reserve the right to limit quantities of ordered items as necessary.
We do not handle shipping ourselves; any complaints about shipping delays should be directed to the shipping carrier assigned to your order. Please be patient.
Updates and Inventory
There may be from time to time glitches in our inventory systems, and occasionally we do not have an item you ordered in stock. In this case, we will take one of the following actions to complete your order:
(i) upgrade the missing item(s) for another product of the same style, or
(ii) refund the missing item(s).
Upgrades are made with products of equal or greater value than the purchased item; in the latter case, the upgrade will be made free of additional charge. The specific upgraded item shall be chosen in our discretion.
If you cancel your order before being shipped, you will receive a complete refund within 24 to 48 hours. Shipped orders cannot be cancelled or rerouted and no refunds will be provided in such scenario.
Per California State law, we do not accept returns and are unable to offer refunds on alcoholic beverages. For returns of other items (e.g., merchandise), if such item is eligible to be returned, you will cover the shipping costs of the return and incur a 25% restocking fee to the order total, excluding the shipping cost. All returns must be authorized by our employee, and all items must be in their original condition. If there is an error your order, let us know and we will be happy to see what can be done.
Shipping, Packing, Delivery, Delivery Location
We currently only ship in the State of California. We do not ship to PO Boxes or APO/FPO addresses.
Changing Delivery Address
If you need to change the delivery address of an order for any reason whatsoever, please notify us as soon as possible before the order is shipped. If the order has already been shipped, rerouting or stopping is not possible.
Packaging, Labeling, and Shipment
We will use commercially reasonable efforts to properly pack, mark, and ship or personally deliver (to the extent expressly agreed to by the parties in writing) products and, to the extent applicable, provide you with shipment documentation showing our name, our identification number for the subject products, and the quantity of pieces in shipment. We will select the method of shipment of and the carrier for products. We may, in our sole discretion, without liability or penalty, make partial shipments or deliveries of products to you.
Any time quoted for delivery, including any estimated delivery date, is an estimate only. To the extent you have concerns about a delayed shipment, please contact the shipping carrier. No delay in the shipment or delivery of any product relieves you of your obligations under these Terms, including accepting delivery of any remaining installment or other orders of products.
We make no representation as to the right of any person to import any product into any state. For each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner. In all instances, any solicitation, invitation, offer, advertisement, or communication to purchase from us is void where prohibited by law. You may be required to submit detailed reports of the products in your cellar to your residing state’s legal authorities using the forms they supply. You agree to be responsible to meet all such reporting requirements imposed by the alcoholic beverage control authorities in the jurisdiction you reside.
Order Refusal or Carrier Returns, Refused Orders, Returned Orders
If you refuse delivery of an order, you will not be eligible to receive the products in question or a refund therefor. If an order is returned to us by carrier and such return is not due to any action or omission on your part, please contact us within 48 hours and we may reship your order (subject to your payment of applicable shipping fees). However, you will not be eligible for a refund or reshipment of the product if such return is as a result of your action or omission (e.g., if a person over 21 is not present to receive the shipment). If a package is lost during transit, we will contact the shipping carrier to get a “lost package” confirmation. This usually takes between two and three business days after which time either the package is found or we should be able to take action. Depending on the products, we will do either of the following:
(1) refund the order (e.g., if the items are limited releases that we can’t acquire anymore), or
(2) reship the order.
Orders damaged during transit usually get sent back to us. When this happens, we have to wait for the package to be delivered to us so we can assess the damage. From there, we will proceed with actions as if the order had been lost.
Other Shipping Issues
We do not honor hold requests and we cannot guarantee a specific day or time in which an order will be delivered. We cannot combine shipping; if you place multiple orders using our Service, we will ship each order individually. This is in case any issues should arise with any of the orders, we can address them each separately. Once an order has been made, we do not permit order modification or substitution. Once the package is in control of the shipping carrier, we cannot alter how long it will take to be delivered, we only have access to the same information you have while tracking the order. Please track your package in the respective website.
No Liability for Certain Events
We will not be liable for any damage to products caused by weather conditions, accidents, or natural disasters during transportation. Potential heat exposure during warm weather conditions and extreme cold during the winter months may damage items during shipping. In addition, we will not be liable for catastrophes such as, but not limited to, shipping carrier accidents while in transport, unforeseeable delays due to harsh weather conditions, damage or destruction due to domestic and international unrest (i.e., riots, war, public enemies), or confiscation, quarantine, or natural disaster.
Receipt of Order
You represent and warrant that you are 21 years of age or older and agree to furnish a government-issued identification document to verify your age at the time you accept any products from us. Every shipment MUST be signed for by an adult, 21 years or older. No exceptions! In the event that no eligible adult is available to receive the package at the time of delivery, the order may be attempted to be redelivered or will be held at your local shipping office. If no attempt to claim the order is made or re-delivery fails, the order is returned to our warehouse. After receiving your package, if there are any issues with your order such as damaged or missing products, you must contact us within 24 hours of receiving the package. After this period is over, we are not to be held responsible for any issues.
The Service may include automatic recurring payments for periodic charges (“Subscriptions”). If you activate a Subscription, you authorize us to periodically (in accordance with your Subscription billing cycle) charge your Payment Method until cancellation. If payment is not successfully made due to expiration of your Payment Method, insufficient funds, or otherwise, we will withhold from shipping products to you until we have successfully charged a valid Payment Method. We reserve the right to change the Subscription or adjust corresponding pricing in any manner and at any time as we may determine in our sole discretion following notice to you. Note that you will not be able to choose the specific products that are included in your subscription packages – that choice will be made by us in accordance with the options provided to you when you sign up for a Subscription.
The Subscription will continue until you cancel or we terminate it at our discretion for any reason. In order for your cancellation to take effect in a calendar month, you must notify us of the cancelation prior to the first day of such month. You may notify us that you wish to cancel the Subscription by emailing email@example.com. Once you have notified us that you wish to cancel prior to the first day of a calendar month, we will not charge further subscription fees for such month or any later months, and your Subscription will cease as of the beginning of such calendar month. Following such cancellation, any Subscription orders already charged will still be shipped to you, and all subsequent scheduled product shipments will be automatically canceled.
You will need to sign-up in order to have access to certain the parts of the Service. You will:
(a) provide true, accurate, current, and complete information about yourself or the entity you represent as prompted by the Service’s sign-up page (“Registration Data”), and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your current or future use of the Service (or any portion thereof). We may provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers, or business). Please note that anyone able to provide your personally identifiable information may be able to access your account so you should take reasonable steps to protect your personally identifiable information.
You will not:
(a) collect and use any content, including product listings, descriptions, or prices from the Service;
(b) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission;
(c) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(d) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
(e) bypass any measures we may use to prevent or restrict access to the Service.
Any unauthorized use automatically terminates the permissions and licenses granted to you by us.
Ownership. We and our licensor(s), vendor(s), agent(s), and content provider(s) own all of the content featured or displayed on the Service, including text, graphics, photographs, images, moving images, sound, and illustrations (“Content”). All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. You may not modify any Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You will not remove any copyright, trademark, or other proprietary notice from any material found on the Service. You are responsible for ensuring your use is permissible before reusing any Content. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service. The Service, Content, and all related rights remain our exclusive property or the exclusive property of our licensors, vendors, agents, and/or Content providers unless otherwise expressly agreed, and are protected by U.S. and international copyright laws.
If you give to us any idea, proposal, suggestion, or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback, and product improvements (“Feedback”), you give us, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works from, use, share, and commercialize your Feedback in any way and for any purpose. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Third Parties, Third-Party Links
The Service may contain links to websites that we and our affiliates do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you access any other websites linked to or from the Service, you do so entirely at your own risk. Transactional Partners. We may promote the services of third parties (“Partners”) within the Service. In cases where you use Partner services, you are transacting directly with the Partner. When using these Partner services, you are bound by the Partner’s terms of service in addition to remaining bound by these Terms. If there is a conflict between these Terms and a Partner’s terms of service, the Partner’s terms of service will prevail with respect to the Partner’s services. We do not license any intellectual property to you as part of any Partner’s services and are not responsible or liable to you or others for information or services provided by any Partner.
Termination and Suspension
You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason, with or without prior notice. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Service in the event that
(a) you breach these Terms;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
If your account is terminated, we may delete data or otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Service or your data.
Disclaimer; Limitation of Liability.
THE SERVICE AND OUR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE; AND (B) IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU IN CONNECTION WITH THE SERVICES FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER.
You will defend, indemnify, and hold us and any of our affiliated entities or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with
(a) the use of the Service or content, message, or information you provide or transmit on or through this Service;
(b) your violation of any of these Terms;
(c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; or
(d) your violation of any law, rule, or regulation of the United States or any other country.
Neither we nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our or your reasonable control, including, without limitation, fire, lightning, explosion, power surge or failure, flooding, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including, without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, or fuel or energy shortages; or acts or omissions of other common carriers.
Any claim relating to, and the use of, this Service and the materials contained herein is governed by the laws of the State of California.
These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted, or secure access to the Service, and operation of the Service may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions will be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by us in our sole discretion. Headings are for reference purposes and have no interpretive value. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
All sections which by their context ought to survive these Terms will survive any termination or expiration of these Terms.