Terms and Conditions
The following terms and conditions of use (the “Terms and Conditions) govern your use of the DrinkUpNY website (http://www.drinkupny.com), which includes without limitations, the home page, splash page, and all other pages under the same top level domain name, and all content thereon (the “Site”) as provided by Mukherjee 10th St Liquor Store, LLC (hereinafter “DrinkUpNY” or “We”). We may change the Terms and Conditions from time to time and at any time without notice to you by posting such changes on the Site.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THE SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
Age Requirements for Use of Site/Shipping and Delivery Restrictions:
This Site, and related services, is intended only for the use of persons who are at least 21 years of age. Persons under 21 years old are prohibited from using the Site or related services in any way.
By ordering from DrinkUpNY you are representing that you are at least 21 years of age and that the person to whom any product is being shipped is also at least 21 years of age. We reserve the right to ask for proof of identity before processing an order. An adult signature with proof of age verification is required at the time of delivery. This cannot be waived. If no one at least 21 years old is available at the time of delivery, the package will not be left. We cannot ship to PO Boxes.
Shipping and Delivery Policy:
Orders placed with DrinkUpNY are expected to ship within five (5) business days, though We make every effort to ship your order earlier. If you place an overnight order and expect your overnight order to be shipped on the same day, please contact DrinkUpNY before placing the order at email@example.com to confirm.
Orders are shipped via UPS. UPS will email a tracking number to you upon pickup from DrinkUpNY. Due to Federal Aviation Administration regulations We are unable to provide overnight shipping for items that contain 70% ABV or higher. During times of inclement weather, including extreme heat or cold, We recommend shipping overnight to reduce the time in transit or postponing until conditions improve. The purchaser assumes all liability for wines/spirits damaged en route due to weather.
We do not ship on weekends or government holidays though may process orders at night and on weekends. If you receive a “Shipping Confirmation” email from DrinkUpNY after 5PM EST on a weekend or holiday, it means We have processed and packed your order; however, UPS will ship it on the next business day.
You, the buyer, assume title to and ownership of the wines/spirits once purchased from DrinkUpNY. By arranging transportation We are providing a service to you and acting on your behalf. You are solely responsible for determining the legality and tax consequences of having wines/spirits shipped to you.
Certain states prohibit the direct importation of alcohol and violations can be punishable, in some instances, as a misdemeanor or felony. We are not able to offer shipping to states including Alabama, Alaska, Arkansas, Delaware, Hawaii, Illinois, Iowa, Kentucky, Massachusetts, Mississippi, Nevada, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Washington or West Virginia. Orders placed with, for example, a AL, AK, AR, DE, HI, IA, IL, KY, MA, MS, ND, NV, OK, PA, RI, SD, TX, UT, WA or WV shipping address will be automatically canceled and refunded.
Due to DrinkUpNY’s direct shippers permit with New Hampshire and Oregon, We are able to ship to customers in these states. In compliance with these permits, We are required to collect local applicable sales tax.
All orders over $500, where the billing and shipping addresses do not match, including gift purchases, will require additional time for credit card authorization. Orders paid by electronic check or PayPal will be shipped after the funds have cleared. International customers who are purchasing gifts for friends and family in the United States must pay through a “confirmed” PayPal account. We are not able to accept credit cards for international transactions.
In Store Pickups:
Due to logistic reasons we are unable to provide In-store Pickup option until further notice.
Please contact DrinkUpNY by email (firstname.lastname@example.org) before attempting a return. All refund requests must be made within twenty (20) days of the receipt of delivery date. If you suspect a product is spoiled or defective, please put the cork back into the bottle and contact DrinkUpNY; return the bottle with the wine or spirit still in it. We do not issue refunds for empty bottles. Spoiled or defective products may be exchanged for an item of equal or greater value only.
If We sent you the wrong product, please contact DrinkUpNY immediately and We will arrange a pickup and/or refund.
If you wish to return the product for any other reason, please contact DrinkUpNY to arrange shipment back to DrinkUpNY. We may issue a refund less two-way shipping fees and a 10% restocking fee.
If a package comes back to us due to address error and/or no adult person of legal age was available to sign for the package and accept the delivery, we will cancel the order and issue refund, less two-way shipping and 10% restocking fee. If you want us to reship the package, we need to collect two-way shipping before we can reship the package.
Price List/Typographical Errors:
In the event that a DrinkUpNY product is mistakenly listed at an incorrect price, as determined by DrinkUpNY in its sole discretion, We reserve the right to refuse or cancel any orders placed for product listed at the incorrect price 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 cancelled, We will issue a credit to your credit card account for the amount paid.
THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, any warranty for information, data, uninterrupted access, availability, correctness, timeliness, accuracy, usefulness, content, title, non-infringement, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to certain users. No advice, results or information, whether oral or written, obtained by you from DrinkUpNY or through the Site creates any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue use of the Site.
Limitation of Liability:
IN NO EVENT IS DRINKUPNY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE or the content, materials, and functions related thereto, including without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if DrinkUpNY or such individuals have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall DrinkUpNY be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site. In no event shall the total liability of DrinkUpNY to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence or otherwise) arising from the Terms and Conditions or your use of the Site exceed, in the aggregate, $1.00 (one U.S. dollar).
These Terms and Conditions are applicable to you upon your accessing the Site or completing the registration or shopping process. DrinkUpNY may terminate these Terms and Conditions or any part of them without notice, at any time and for any reason. The provisions relating to Proprietary Rights, Participation Disclaimer, Warranty Disclaimer, Limitation of Liability, Indemnification and Applicable Laws, shall survive any termination. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to, content, features, products, hours of availability, returns, and delivery policies. We may also impose limits on certain features of the Site or restrict your access to portions or the entire Site without notice or penalty.
We may deliver notice to you by email, a general notice on the Site, within these Terms and Conditions, or by other reliable method to the address you have provided to DrinkUpNY.
We control and operate this Site from our office in the United States of America. We do not represent that materials on this Site are appropriate for use in other locations. People who chose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions, use of the Site and relationship between you and DrinkUpNY shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and DrinkUpNY agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You and DrinkUpNY each agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. The failure of DrinkUpNY to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties intentions as reflected in this provision and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Use of Site:
Harassment in any manner or form on or through the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. You represent and warrant that while using the Site, you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful; (b) restrict or inhibit any other user from using and enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also represent and warrant that you will not: (a) impersonate, or misrepresent your affiliation with any other person or entity when using this Site and related services; or (b) attempt to gain unauthorized access to other computer systems through the Site.
You acknowledge and agree that We retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users.
We do not and cannot review all communications and materials posted to or created by users accessing the Site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing the ability to view and distribute user-generated content on the Site, We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Site. However, We reserve the right to block or remove communications or materials that is determined to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another; or (d) offensive or otherwise unacceptable to DrinkUpNY in its sole discretion.
You agree to indemnify, defend, and hold harmless DrinkUpNY, its officers, directors, employees, agents, and licensors (collectively the “Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. DrinkUpNY reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
In an attempt to provide increased value to our visitors, DrinkUpNY may link to sites operated by third parties. These linked sites are only for your convenience and therefore you access them at your own risk. We have no responsibility for the accuracy or availability of information provided by web sites We may link to from this Site. Links to other sites does not constitute an endorsement or association with DrinkUpNY. You acknowledge that DrinkUpNY is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on any linked sites.
DrinkUpNY is the owner and/or authorized user of any trademark, and/or service mark appearing on the Site and is the copyright owner or authorized user of the content and/or information on the Site, unless otherwise indicated. This Site and all web pages are ©2013, Mukherjee 10th St Liquor Store, LLC. All other trademarks, service marks and logos used in this Site are the property of DrinkUpNY and/or its affiliates, unless otherwise indicated. Except as provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by DrinkUpNY. You may not download or save any of the content or screens except as otherwise provided in these Terms and Conditions or as permitted on the Site. You may, however, print one (1) copy of this information and order confirmations for your personal use or records. If you make other use of the Site, including but not limited to the reproduction, distribution, display or transmission of the content of this Site, you may violate copyright and other laws of the United States, as well as applicable state laws and you may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, logos, service marks, or other copyrightable material or any other intellectual property.
If you have any questions regarding the Terms and Conditions or would like to contact us, please do so at: email@example.com or 468 4th Ave Brooklyn, NY, 11215.