Do you ship to my state? Non-California residents accept all responsibility for determining if their state or county laws allow alcohol products to be shipped to their state or county.
Purchase of Alcoholic Beverages. By placing your order, you have represented to Whisky and Whiskey that you are at least 21 years old and are giving 100% consent to Whisky and Whiskey to charge your credit card for the total amount of your order.
You represent to Whisky and Whiskey that all items purchased on the Site are for personal consumption and not for resale. You will be charged sales tax, if any, as may be assessed by your State for the sale of alcoholic beverages; otherwise California sales tax will be assessed on the sale as California charges sales tax for anything sold in this State. You will also be responsible for any local taxes imposed by your State, if any.
- Title to Goods. Laws concerning the sale and shipping of alcoholic beverages are complex and vary from State to State. Accordingly, you will be the legal owner of the goods when your funds have been processed and received, and all or any holds have been cleared. Title to all alcoholic beverages purchased on this Site pass to you in the State of California when the goods are picked up by the common carrier.
Shipping Laws. You are responsible for abiding by all State and local laws, rules, and regulations of your State pertaining to the receipt of alcoholic beverages from out of state. You additionally 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 the alcoholic beverages. You further represent you are legally entitled to take possession of the quantities ordered, and that you and the person accepting delivery of the alcoholic beverages are at least 21 years of age.
By making a purchase on our website, 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 Whisky and Whiskey, 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 Whisky and Whiskey, 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.
Change in Shipping Laws. Following the placement of any order, and prior to the goods being shipped, in the event the laws of your State change so as to make it illegal for you to import alcoholic beverages into your State, you may return the order for a full refund, provided however, you have submitted proof to Whisky and Whiskey, and its counsel, of regulations pertaining to such law changes. All returns must be made in accordance with California law and returns across state lines are not permitted. Once an order has shipped, title to the goods has passed to you in accordance with the terms and conditions stated herein and no refund can be issued.
Shipment Method, Timing and Delivery. Our products are shipped from California. Shipping charges are calculated based on weight, destination, delivery method, & the adult-signature requirement (21+). Orders must be placed before 11:00 am Pacific Standard time Monday-Friday in order to be shipped out that same day. Any orders after 11:00 am will be shipped out the following day. Orders placed on Saturday and Sunday will be processed and shipped on the following Monday.
All products delivered must be signed by an adult over the age of 21. Deliveries will not be left at any address or with any individual without such signature. You are responsible for checking your order immediately upon delivery. Items must be reported as missing or incorrect within three (3) business days from the date of delivery.
In the event an incorrect item was shipped, you must submit a photo of the sealed bottle along with your receipt or order number in an email to Whisky & Whiskey.
Failed Delivery Attempts. If you fail to receive your order after the allocated number of attempts of delivery under the shipping agency’s policies, and the product is sent back to Whisky and Whiskey, a twenty-five percent (25%) restocking fee will be deducted from your refund. Shipping costs will not be refunded.
Damaged Items. While Whisky and Whiskey takes every precaution to ensure your order is packaged properly and arrives safely. All orders are shipped in durable boxes and packaged with layers of foam cushioning to protect the bottles. Orders that include original packaging from the manufacturer or contain non-conventional shaped bottles may be packed differently, but securely in Whisky and Whiskey's sound business judgment. During times of extreme weather conditions, you are responsible for notifying Whisky and Whiskey of any special request to hold and postpone your order.
Limitation of Liability. Whisky and Whiskey will not be liable under any legal theory, whether in tort (including negligence), contract, or otherwise, for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the Website, regardless of whether Whisky and Whiskey has been advised of the possibility of any such damages. WHISKY AND WHISKEY RESERVES THE RIGHT TO CHANGE ANY INFORMATION CONTAINED ON THE WEBSITE AT ANY TIME AT ITS SOLE AND ABSOLUTE DISCRETION. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEBSITE, OR ANY CONTENT CONTAINED THEREIN, DO NOT USE THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST WHIKSY AND WHISKEY IS TO DISCONTINUE USE OF THE SITE AND DAMAGES AGAINST WHISKY AND WHISKEY SHALL BE LIMITED TO THE DOLLAR VALUE OF THE ORDER PLACED BY YOU.
Disclaimer of Warranties. Every effort has been made to maintain the accuracy of this Website. However, inadvertent factual or typographical errors may exist. Whisky and Whiskey expressly disclaims all liability for any such errors or omissions in any of the information contained on this Website. Accordingly, and without limiting the generality of the foregoing, the information contained herein is provided “AS IS” and without warranty of any kind whatsoever, either express or implied, including but not limited to, the implied warranties of merchantability or fitness for intended use.
Force Majeure. We will not be deemed to be in default of or to have breached any provision herein as a result of any delay, failure in performance or interruption of service, resulting from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires or other catastrophes or occurrences which are beyond Whisky and Whiskey reasonable control.
- Legality and Validity. If any of these terms and conditions (or any portion thereof) or the application of any such provision (or any portion thereof) to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other persons or circumstances, and the parties shall endeavor to fulfill the intent of the severed provision to the extent permitted by law.
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