tHIRSTIE TERMS & CONDITIONS
July 24, 2020
Welcome to the Thirstie service owned by Thirstie, Inc. ("Company", "we" or "us"). You may have entered the service through our website located at www.thirstie.com, our mobile application, or through one of our channel partner sites or services (the Thirstie service and foregoing sites are collectively hereinafter the “Site”).
Legal Drinking Age: By using the Site, you represent and warrant that you are over 21 years of age if you’re located in the United States and of legal drinking age if you’re outside of the United States and that you will provide photo identification upon delivery to verify your age and ability and consequent legal capacity to consume alcohol. You hereby represent and warrant to the Company and its agents that all information provided by you to the Site and the Retailer (as defined herein) will be true, complete and accurate in all respects. You understand and agree that any Retailer may refuse to complete any transaction for any reason, including, without limitation, the Retailer's belief that inadequate or invalid identification is being provided, or that the person placing the order is already inebriated, presents a danger to himself or herself or others, or has in any way misrepresented any fact to the Retailer or the Company.
Orders: The Site provides a market service, and a market service only for a retailer (the "Retailer"), which will be a licensed off-premise retailer in the case of an order involving alcohol products, through which all orders and purchases are processed. At time of purchase, your credit card will be charged by Thirstie, for the direct benefit of the Retailer.
If the person placing the order is not (i) available at the time of delivery to accept delivery, (ii) cannot provide a current, valid, government issued photo identification confirming that such person is a minimum of 21 for customers located in the United States and of legal drinking age if outside the United States and (iii) cannot meet the requirements of the Retailer or third party common carrier making the delivery, the Retailer will not render services. All products will be cleared from the order and returned to the Retailer, and a restocking fee to be consistent with the Retailers policies (the “Restocking Fee”) will be charged to the User's credit card account. No refunds will be issued under this circumstance.
If the products ordered are to be delivered to a person other than the customer placing the order, the customer placing such order, by placing such order, represents and warrants that both the customer and the recipient/receiver are each at least twenty-one (21) years of age in the United States and of legal drinking age if outside the United States at the time of order and delivery, respectively, and shall have available legal identification evidencing such age at the time of delivery. Any breach of this representation and warranty shall result in the termination of the order, and the charging of a non-refundable Restocking Fee to the customer.
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.
Delivery: Delivery is the sole responsibility of the Retailer or Retailers. Thirstie is not responsible for delivery of orders. The Retailer or Retailers will make reasonable efforts to complete the User's order in one delivery, but please note large orders may have to be completed in multiple deliveries. If you experience any problems with your delivery, please contact Thirstie’s Customer Support via the Customer Support Contact information provided below under Questions.
Title and Ownership: Title to, and ownership of, all alcoholic beverages passes from the retailer to the purchaser in the State the alcoholic beverage is purchased from the retailer. You agree that any instructions you provide to us to arrange for shipping of alcoholic beverages will be compliant with all applicable laws, and that you alone are responsible for ensuring that the receipt and possession of any alcoholic beverages you instruct us to arrange shipping for is compliant with applicable laws.
Authorized Use of Site: The Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Site requires the prior written consent of Company.
No Ideas Accepted: We do not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Site, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
Pricing: While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information (including, without limitation, common carrier charges or determinations and assessments of sales tax), we or the Retailer shall have the right, at our sole but individual respective discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at either our discretion or the discretion of the retailer, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Third Party Links: The Site may contain links to other websites not maintained by us. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services. The existence of a link between the Site and any other website is not and shall not be understood to be an endorsement by us of the owner or proprietor of the linked internet website, nor an endorsement of us by the owner or proprietor of such linked website.
No Warranties: THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE AND THE PRODUCTS DISPLAYED ON THE SITE. YOU SHALL LOOK SOLELY TO THE MANUFACTURER OR DISTRIBUTOR OF THE PRODUCTS FOR ANY SUCH WARRANTIES OR INSTRUCTIONS. THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT THE WE SHALL NOT BE BOUND BY ANY SUCH ERRORS.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE OUR TOTAL LIABILITY IN THE AGGREGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
American Arbitration Association
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Return Policy: GENERALLY, WE DO NOT ACCEPT ANY RETURNS OR EXCHANGES, AND DO NOT PROVIDE ANY REFUNDS.
We may consider returns or exchanges on a case by case basis if your product has been damaged during delivery through no fault of your own. If you would like us to consider a possible return or exchange, please contact us at the Customer Support Contact (as defined in the Questions section herein). You may be required to provide a valid picture of the damaged product to the Retailer and follow any additional instructions or requests from the retailer. If a return or exchange is granted, the retailer will refund a return or offer a product in exchange for the damaged product. Thirstie’s customer support team will assistant you with your communications with the retailer.
THIRSTIE DOES NOT GUARANTEE THAT A MERCHANT WILL AGREE TO ACCEPT A RETURN OR EXCHANGE.