TERMS OF SERVICE
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by our website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store has SSL encryption. They provide us with the secure platform that allows us to sell our products and services to you.
All of the images represent the intended product however, bottle designs, artwork, packaging and current batch release or proof may be updated from the producer without notice.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age (21+) to be legal for tobacco and alcohol purchase.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to legal smoking/drinking age).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that all your content is transferred using SSL encryption and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service/products without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of a Service/product.
SECTION 4 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, and region of the U.S. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 – CANCELATIONS/RETURNS – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us to be returned.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Cancellations may only be processed if a customer service representative is contacted and confirms cancellation before an order is packaged. There won't be any refunds or cancellations after the order has been packaged.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
By providing your information, you give us consent to send notifications through email or phone number regarding new in stock products, coupons, deals, and price drops.
SECTION 8 – SHIPPING PRODUCTS
Kings wine and spirits endeavors to ship out all orders the next business day but reserve the right to take up to 2 business days to ship any orders.
SECTION 9 – BILLING & PAYMENT
Payments will appear as Kings wine and spirits on credit card statements. Your card will only be billed for the final amount stated at checkout after calculating for taxes and shipping.
SECTION 10 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kings wine and spirits, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kings wine and spirits and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services/buy our products, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, USA.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION & CUSTOMER SERVICE
Questions about the Terms of Service should be sent to us at Kingswineandspirit@gmail.com
Welcome to kingswineandspirits website. Read below to learn how we collect, protect, and use your data when you interact with us through this Platform.
Whenever you submit any information to us using one of our Platforms, you consent to our storage and processing of this information within the USA.
We collect, use, and disclose Personal Information to provide you with the product or service you have requested and to offer you additional products and services we believe you might be interested in. The purposes for which we collect Personal Information will be identified before or at the time we collect the information. In certain circumstances, the purposes for which information is collected may be clear, and consent may be implied, such as where your name, address, and payment information are provided as part of the order process.
PERSONAL INFORMATION WE COLLECT
We collect Personal Information (information which can be used to identify an individual) such as but not limited to: Name | Email | Phone | Mailing Address
We may collect Personal Information when you choose to use our Platform, as well as through using our products and services.
OTHER INFORMATION WE COLLECT
We may collect information about your use of the Platform such as but not limited to:
your Media Access Control (MAC) address, computer type (Windows or Macintosh).
Your location if you are using a Platform capable of utilizing such technology. You will be asked if you want us to collect your location information before we do so. Please note your IP address is automatically saved whenever an order is processed.
We also collect or compile other information about you (such as products or services viewed, browsing time, final purchases made, cart inventory, etc.) We may use or share any other information with third parties for any lawful purpose.
Cookies are widely used, and most web browsers are configured initially to accept cookies automatically. You may change your internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Remember, though, without cookies you may not be able to take full advantage of all our website features, including using our services or making purchases.
HOW WE USE PERSONAL INFORMATION
We primarily use this information to provide the Platform and related features to you and to:
HOW WE SHARE PERSONAL INFORMATION
We will only share Personal Information collected through our Platform as described in this policy unless we provide you with choices. Specifically, we may share your Personal Information:
1) With companies and vendors that help us to operate our business by providing services such as website hosting, data analysis, information technology, and related infrastructure provision, customer service, email delivery, auditing, shipping product and other similar services.
2) With third parties sponsors of promotions or contests in which you choose to participate
3) To comply with local laws or other legal obligations such as responding to subpoenas, including laws and other legal obligations outside your country of residence.
4) To respond to requests from public and government authorities including public and government authorities outside your country of residence.
5) To protect our rights, operations, operations, or property, or that of our users.
6) To investigate, prevent, or act regarding potential or suspected illegal activities, fraud, threats to the personal safety of any person, or violations of the Platform’s terms and conditions.
7) With other companies that are dealt with kingswineandspirits as allowed by law.
8) With your Consent
Please note that any information you post to public areas of a Platform such as our social media pages may be seen by other visitors.
CHOICE AND CONSENT
Knowledge and consent are required for the collection, use or disclosure of Personal Information except where required or permitted by law. Providing us with your Personal Information is always your choice. You can choose not to provide us Personal Information when you use the Platform. However, your decision not to provide certain Personal Information may limit our ability to provide you with our products, services, or website use.
We will not require you to consent to the collection, use, or disclosure of information as a condition to the supply of a product or service, except as required to be able to supply the product or service.
You can opt out of receiving promotional emails from us by following the unsubscribe link in those email messages.
We may use third parties to administer services, advertisements, ship products, or other information which we deem beneficial or of interest to you, based on information that it has collected about your use of our website. You can configure your browser to reject cookies, or to notify you when a cookie is set. However, if you reject cookies, the Platform may not operate properly.
The Personal Information collected will be limited to those details necessary for the purposes identified by us. With your consent, we may collect Personal Information from you in person, over the telephone or by corresponding with you via mail, facsimile, or the Internet.
LIMITING USE, DISCLOSURE AND RETENTION
Personal Information may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law. Personal Information will be retained until a request is made its deletion, the closure of an account or as may be required by law.
Personal Information will be maintained in as accurate, complete, and up-to-date form as is necessary to fulfill the purposes for which it is to be used.
HOW WE PROTECT YOUR PERSONAL INFORMATION
Kingswineandspirits uses security technologies including Secure Socket Layers (SSL) to help protect the Personal Information we collect from you through the Platform. Our policies restrict access to Personal Information to those employees and service providers who need to know the information to provide you with our services. We maintain physical, electronic, and procedural safeguards to protect Personal Information.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by law.
USE OF THE PLATFORM BY MINORS
The Platform is not directed to individuals under the age of twenty-one. Only (21+) or older as required by local, state, and federal laws pertaining to legal smoking and drinking age and we request that these individuals do not provide Personal Information through the Platform.
We ask that you not send us, and you do not disclose, any sensitive Personal Information (e.g. social security numbers, information related to racial or ethnic origin, political opinions, religion, or other beliefs, health, criminal background or trade union membership, etc.) on or through the Platform.
Upon request, you will be informed of the existence, use, and disclosure of your Personal Information, and will be given access to it. You may verify the accuracy and completeness of your Personal Information and may request that it be amended, if appropriate. However, in certain circumstances permitted by law, we will not disclose certain information to you. For example, we may not disclose information relating to you if other individuals are referenced or if there are legal, security or commercial proprietary restrictions.
Your Package will be shipped out in 1-2 business days. We ship through UPS and FedEx. Once the tracking label is printed the customer will receive an email with a tracking number and a direct link to the UPS/FedEx tracking website. At checkout customers can choose the type of service they would prefer. We have next day options as well as ground shipping. We package our orders with extreme care, multiple layers of bubble wrap and biodegradable packing peanuts BUT DUE TO MANUFACTURING/BOTTLE SEAL ISSUES WE DO ADVISE OUR CUSTOMERS TO BE AWARE THAT SOME BOTTLES MAY LEAK DURING SHIPPING WE ARE NOT RESPONSIBLE FOR ANY LEAKING BOTTLES.
WARNING: Many food and beverage cans have linings containing bisphenol A (BPA), a chemical known to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information, go to: www.P65Warnings.ca.gov/BPA
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol
HOW TO CONTACT US REGARDING YOUR PRIVACY CONCERNS AND QUESTIONS