Common use of Minimum Age Requirement Clause in Contracts

Minimum Age Requirement. If you use the websites, you represent and warrant that you are at least twenty-one (21) years of age, and that the recipient of any alcoholic beverage purchase you may make is at least 21 years of age. In no event shall you use the sites nor the services. In no event shall you make a purchase or purchase a gift for someone else if you are under the age of 21, nor may you do any of the foregoing activities for the benefit, or on behalf, of any person under the age of 21. We may refuse to register any person, or service any order at any time, at our sole discretion. By using the sites, including, without limitation, by participating in the services, you hereby agree to the terms and conditions set forth below (the “terms and conditions”). If you do not agree to be bound by these terms and conditions, you may not use the sites, you shall not place an order, and you shall not use any products sold via the sites. These terms and conditions include a mandatory arbitration agreement. This means that you agree to submit any claim against us to binding individual arbitration rather than proceeding in court. This arbitration agreement also includes a class action waiver, which means that you agree to proceed with any claim individually and not as part of a class action. Our role in the transactions contemplated by these terms and conditions is that of a marketer and service provider that enables you, the consumer, to purchase alcohol and related products from licensed retailers via the sites, and to participate in the services and/or any other product offers offered on the sites. Any purchase you make through the use of the sites from the licensed retailers must be for personal consumption only and not for resale. You acknowledge that all orders of alcohol and related products you place through the use of the sites are processed and fulfilled by such licensed retailers, as the actual sellers of the products, and not by us. We may allow third parties to offer goods or services on the websites. The company tries to be as accurate as possible with all information regarding the goods and services, including pricing, images, and product descriptions. However, the company does not guarantee the reliability or accuracy of the product information, and you acknowledge and agree that you purchase such products at your own risk. We do not sell, offer to sell or solicit sales of alcohol. Our site enables you to search online for alcohol and other products available for sale by licensed retailers. The service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any licensed retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the service shows you its availability, price and other information based on your location and information provided by the licensed retailers that service your location; if you prefer, you may sort and filter results based on search criteria. Due to local law or other restrictions, our service may be limited or not available at all in some places. When you order, it is an offer to purchase from a licensed retailer. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the licensed retailer at that time. The licensed retailer reviews your order and decides whether or not to accept it. If the licensed retailer does decide to accept your order, your payment card will be charged for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment. Title to, and ownership of, all alcohol beverages passes from a licensed retailer to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By placing an order, the purchaser authorizes the seller to act on the purchaser's behalf in arranging for transportation of the alcoholic beverages at the purchaser’s direction. Alternatively, purchasers may choose to pick up the alcohol beverages at the retailer’s location. They can also make independent delivery arrangements. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcoholic beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age. The seller makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. All risk of loss passes to you when the goods are delivered within the state in which the retailer is licensed. Additionally, you are responsible to know the law of the state in which you live or to which you wish the goods shipped as they relate to the shipment and delivery of alcoholic beverages. You are responsible for paying any state and/or local excise taxes and use taxes. You agree to indemnify us and to hold us harmless against any damages (including attorney’s fees) resulting from any claim that the goods purchased by you cannot be legally shipped into the state in which you live by a person who owns such goods and has purchased them for his or her personal consumption or that you have exceeded the amount of goods which may be shipped into the state for personal consumption or that any taxes or duties which may be imposed upon such shipment or consumption have not been paid.