II. Processing Information
III. Alcohol Delivery Rules and Restrictions
IV. Government Warning
V. User License
2. User Conduct. You agree that your use of the Sites and/or services on the Sites is subject to all applicable local, state and federal laws and regulations. You also agree:
3. Order Cancellation and Refunds.
a. If an order needs to be canceled, please call 646.368.9985 immediately to speak with the Delivery Agent, Spirits Of Carmine. Please note: orders are processed for delivery as soon as possible to meet BoozeCarriage.com’s 30-60 minute delivery window. Due to these circumstances, neither BoozeCarriage.com nor the Delivery Agent can guarantee the availability of changes or cancelation to any order once it has been placed. Canceled orders are subject to a $10 delivery and restocking fee. BoozeCarriage.com, in conjunction with the Delivery Agent, does not offer refunds or exchanges for orders that have been successfully delivered and signed for.
VI. Site Content
1. Nature of User Material. Some of the services offered by BoozeCarriage.com on the Sites allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, restaurant reviews and blog entries, to the Sites (collectively, "Submissions"). You agree not to create any Submission that:
2. User Representations and Warranties. Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
4. Disclaimer of Responsibility for Material. Submissions are not endorsed by BoozeCarriage.com, and do not represent the views of BoozeCarriage.com or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that BoozeCarriage.com does not control all Submissions, and disclaims any responsibility for such Submissions. BoozeCarriage.com specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, BoozeCarriage.com does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation or parking accessibility available from its partner restaurants. Price, description, menu content, product/service availability, parking accessibility and restaurant information are subject to change without notice. BoozeCarriage.com assumes no responsibility or liability for any errors or omissions in the content of the Sites.
5. Review & Removal of Material. BoozeCarriage.com reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions that BoozeCarriage.com believes, in its absolute and sole discretion, may violate Sections 2(1), 3(1), or 3(2) above. You may contact BoozeCarriage.com at ____________________ However, BoozeCarriage.com disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. BoozeCarriage.com also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Sites for any reason or no reason whatsoever, in its absolute and sole discretion. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Submissions posted by the Sites infringe your copyright, you (or your agent) may send BoozeCarriage.com a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow BoozeCarriage.com to locate the Submission(s) Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Sites should be sent to BoozeCarriage.com, at _____________________________________________ BoozeCarriage.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
VII. Termination and Modifications to the Sites
BoozeCarriage.com reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
IX. Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY BOOZECARRIAGE.COM, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOZECARRIAGE.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
X. Limitation of Liability
IN NO EVENT SHALL BOOZECARRIAGE.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF BOOZECARRIAGE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. BOOZECARRIAGE.COM ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. BOOZECARRIAGE.COM ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BOOZECARRIAGE.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO BOOZECARRIAGE.COM OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
XI. Your account, password, and security
Use of Sites services requires that you register and/or create an account ("Account") or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BoozeCarriage.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BoozeCarriage.com has the right to refuse any and all current or future use of the Sites (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify BoozeCarriage.com of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. BoozeCarriage.com will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with BoozeCarriage.com while others are not. BoozeCarriage.com is not responsible for the contents of any website pages created and maintained by organizations independent of BoozeCarriage.com. Visiting any such third-party website pages is at your own risk. BoozeCarriage.com has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by BoozeCarriage.com. By using the Sites you acknowledge that BoozeCarriage.com is responsible neither for the availability of, nor the content located on or through any third-party website pages.
BoozeCarriage.com® is a BoozeCarriage.com trademark. Such trademarks and other marks, logos, and names of BoozeCarriage.com or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under BoozeCarriage.com's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BoozeCarriage.com. All other trademarks not owned by BoozeCarriage.com (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BoozeCarriage.com or its affiliates.
XV. Jurisdiction, Applicable Law, and Limitations
Copyright © 2013 BoozeCarriage.com, Inc. All Rights Reserved.
What’s your phone number?
Call us anytime at 646.368.9985. We’re here to make your experience as smooth as possible.
What are your hours?
If you’re ordering beer in Manhattan, delivery is available 24 hours a day. For all other products and/or areas, delivery hours will vary based on vendor availability.
Is there a delivery minimum?
There is a $20 delivery minimum.
Can I schedule delivery for a specific time or date?
You sure can! Just tell us when you’d like your booze to arrive in the “notes” section of the checkout process. We’d be happy to fulfill your request so your refreshments arrive right when you need them. If you have any other questions or requests, feel free to contact us at 646.368.9985 or email@example.com
Can I include a gift note with my order?
Yes, just check the box titled “is a gift” at checkout, and then include instructions for your note in the text box that appears. We’ll make sure your recipient gets the message. If you have any other questions or requests, feel free to contact us at 646.368.9985 or firstname.lastname@example.org
How can I change or cancel an order?
If you need to make a change to your order, please call 646.368.9985 immediately. Since we strive to get every delivery out the door as soon as possible, your order might already be on its way. For these reasons, we can’t guarantee that orders can be changed or canceled once they’ve been processed.
What should I do if an item is missing from an order?
If anything is missing from your order, please call us at 646.368.9985. Our customer service agents will work to resolve the issue immediately.
What if no one is available to receive my order?
Please be sure to schedule delivery for a timeframe when someone over the age of 21 will be available to accept it. We cannot leave orders unattended for any reason.
What form of ID is required?
Acceptable forms of identification include a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles; an identification card issued by the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada; a valid U.S. passport, or valid passport from any other country; or a valid military ID from the U.S. (NYS, ABC Law Section 65-b.2(b))
Please note: At Booze Carriage, we take underage drinking very seriously
If no one 21 years of age or older is available to accept delivery, your order will be cleared and returned to the store. No refund will be issued, and a $50 return-delivery fee will be charged to your account. There are absolutely no exceptions.