Terms Of Service

Welcome, and thank you for your interest in our website at DailyBottleDrop.com (the "Website"). The Liquor Cabinet SI LLC  ("Daily Bottle Drop," "We," "Our," or "Us") operates the Website, along with hosted services, and other services provided by us (collectively, with the Website, the "Service"). These Terms and Condition are a legally binding contract between you and Daily Bottle Drop regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY US AND BY YOU TO BE BOUND BY THESE TERMS.

ELIGIBILITY NOTICE. YOU MUST BE AT LEAST 21 YEARS OLD TO USE THE SERVICE. BY USING THE WEBSITE AND/OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 21 YEARS OLD, AND THAT THE PERSON TO WHOM WINE WILL BE DELIVERED IS ALSO AT LEAST 21 YEARS OLD.

ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 18, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND DAILY BOTTLE DROP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

You affirm that you are legally able to use this Website and Service, and to form a binding contract, in the jurisdiction in which you reside.

You further acknowledge that laws may differ by country, state, or local jurisdiction, related to the importation of alcoholic beverages, you accept responsibility that you are in compliance with all applicable laws before making further use of the Service. We make no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state.

If you cannot agree to these Terms and Conditions, you must not access the Website and/or otherwise use the Service, and discontinue further use.

You accept and agree that the products or features available through this Service may be subject to additional terms and conditions.

Service Overview. The Website and Service provides an online and messaging platform for the purchase of bottle(s) of wine and related items ("Wine").

Eligibility. You must be at least 21 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 21 years old; (2) you have not previously been suspended or removed from the Service; and (3) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

Terms of Sale. By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from Us and/or otherwise through the Website and/or Service.

Order Acceptance and Cancellation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not charges have been processed. If your payment account has been charged and your order is canceled you will receive a prompt refund.

Once an order has been placed, it cannot be cancelled unless unavoidably delayed or items are out of stock. In this case, we will do our best to cancel the order if requested.

You also agree that any alcohol purchased from us is intended for personal consumption and not for resale.

Title, Ownership and Delivery. Title to and ownership of Wine will pass from Us to you in New York upon full payment of the purchase price. Wine is deemed delivered to you in New York, except Wine that is delivered pursuant to a direct shipping permit as further described in Section Taxes and Shipping.

Taxes and Shipping. Depending on the delivery address, some Wine will be shipped pursuant to direct shipping permits issued by the applicable state (“Direct Shipper States”) and will require the collection and remittance of taxes according to each Direct Shipper State’s requirements. Except for these Direct Shipper States. New York sales tax will be charged on all purchases (where applicable). Direct Shipper States are subject to change and applicable states and their corresponding tax rates will be identified at the time of checkout.

Shipment of Wine. For Direct Shipper States, you may elect to have your wine shipped to you. We contract with common carriers and fulfillment providers to facilitate these shipments and terms of shipment are subject to change at any time. You take all responsibility for Wine being transported from New York to your selected destination.

Representations. In processing payment through Our third party payment processor, you affirm that (1) the payment information you supply is true, correct and complete; (2) charges incurred by you will be honored by your credit card company; and (3) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, (4) chargebacks shall not be initiated without first contacting Us to rectify and issues regarding your transactions.

Messaging Service Privacy Policy

This Messaging Service Privacy Policy explains how My Store (hereinafter, "My Store," "We," "Us," "Our") collects, uses, and shares personal information about you in relation to Our text message marketing program (the "Messaging Service"). This Messaging Service Privacy Policy supplements Our Primary Privacy Policy. For more details, see the section titled "Primary Privacy Policy" below.

Changes to the Messaging Service Privacy Policy
We may revise this Messaging Service Privacy Policy from time to time in our sole discretion. If there are any material changes to this Messaging Service Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Messaging Service Privacy Policy if you continue to use the Messaging Service after the new Messaging Service Privacy Policy takes effect.

Personal Information We Collect
When you sign up for the Messaging Service, We collect personal information such as your name, phone number, and email address. When you use the Messaging Service to send or receive messages, We collect communications metadata (e.g., the time/date a message was sent or received) and the contents of any communications you send or receive via the Messaging Service.

We may also collect information about you using cookies or similar technologies on Our website or other digital properties. Cookies are small text files placed on device browsers that store preferences and facilitate and enhance your experience. Cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).

If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, We will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your personal information if you contact Us with questions about the Messaging Service or for customer service.

Use of Personal Information
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service; to identify and prevent security risks; to prevent fraudulent, deceptive, and malicious activity including harassment and identify theft; and to verify and maintain the safety, quality, and accuracy of the Messaging Service. For example, We may use cookies to prefill your contact information, and to verify that you are authorized to consent to receive marketing messages to your device.

We may use your personal information to generate aggregated and/or de-identified information. Aggregated and/or de-identified information is not personal information and may be shared with any third party, including advertisers, promotional partners, and sponsors.

Sharing of Personal Information
We may share your personal information as contemplated in Our primary privacy policy, if you consent to Us doing so, as well as in the following circumstances:

• Third Parties that Help Provide the Messaging Service. We may share your personal information with third parties that help Us provide the Messaging Service (including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages, fraud prevention, maintaining the security of the Messaging Service, and to verify your device and contact information).
• Legal Requirements, Disclosures to Protect Us or Others. We may disclose any information We store associated with you to external parties if We, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, Our, or others' rights, property, or safety; enforce Our policies or contracts; collect amounts owed to Us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Accurate Information
When you complete forms online or otherwise provide Us information in connection with the Messaging Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Messaging Service for an ulterior purpose, We may refuse you access to the Messaging Service and pursue any appropriate legal remedies.

Choices and Controls
Text messages may be sent via an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of Our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review Our Terms of Service.

Customer Care
If you are experiencing any problems with the Messaging Service, please visit https://aiy1sp-8c.myshopify.com and submit the form with details about your problem or your request for support, or email info@liquorcabinetsi.com.

Supplemental California Privacy Notice
This Supplemental California Privacy Notice only applies to Our processing of personal information via the Messaging Service that is subject to the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA provides California residents with the right to know what categories of personal information We have collected about them and whether We have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:

The categories of sources from which We collect personal information and Our business and commercial purposes for using personal information are set forth above and in Our primary privacy policy.

Additional Privacy Rights for California Residents

Individual Rights under the CCPA.
The CCPA provides California residents with the right to request:

• Access to Personal Information, including obtaining access to or a copy of your personal information.
• Deletion of Personal Information

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact Us at info@liquorcabinetsi.com. We will process such requests in accordance with applicable laws.

"Sales" of Personal Information under the CCPA. For purposes of the CCPA, unless otherwise stated in Our primary privacy policy, We do not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by Us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact Us at info@liquorcabinetsi.com.

Verification. When you make a request, We will ask you to provide sufficient information that allows Us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address or phone number associated with any personal information We have about you.

Primary Privacy Policy
By signing up to receive text messages from us, you also agree to Our Primary Privacy Policy. This Messaging Service Privacy Policy is strictly limited to the Messaging Service and does not limit or restrict any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.