Website Terms and Conditions
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the Cask & Cane (https://www.caskncane.com) and Passion Spirits websites (http://www.store.passionspirits.com & http://passionspirits.com), which includes without limitations, the home page and all other pages under the same top level domain name, and all content thereon (the “Site”) as provided by KCS Beverage Company LLC and Passion Spirits, LLC (hereinafter “Passion Spirits and or KCS Beverage Company” or “We”). We may change the Terms and Conditions from time to time and at any time without notice to you by posting such changes on the Site. If you disagree with any changes, you must discontinue your use of the Site.
Age Requirements for Use of Site:
This Site, and related services, is intended only for the use of persons who are at least 21 years of age. Persons under 21 years old are prohibited from using the Site or related services in any way.
By using this Site you are representing that you are at least 21 years of age and that the person to whom any product is being shipped is also at least 21 years of age.
Cask & Cane and Passion Spirits provides a Site for the purpose of assisting consumers connect to Retailers to engage in the sale, service, and delivery of alcoholic beverage products (the “Products”) by Retailers. All orders placed are reviewed, accepted and ultimately fulfilled by licensed alcohol beverage retailers (the “Retailer(s)”). KCS Beverage Company and Passion Spirits does not itself provide or sell alcoholic beverages or transport alcoholic beverages and is not a licensed alcohol beverage retailer or carrier. Passion Spirits assists in your fulfillment of orders through Retailers across the United States of America. The Products will be shipped to you directly by a Retailer, not KCS Beverage Company or Passion Spirits.
Shipping and Delivery Restrictions:
We reserve the right to ask for proof of identity before assisting you with your purchase through a Retailer. The Retailer and its common carrier, if applicable, will require an adult signature with proof of age verification at the time of delivery. Retailers do not ship to PO Boxes.
Shipping and Delivery Policy:
Orders placed are expected to ship within four (4) business days, though We will make every effort to request the Retailer ship your order earlier. If you would like assistance with an overnight order and or for your order to be shipped on the same day, please contact Passion Spirits before placing the order by email at firstname.lastname@example.org or by phone: Toll Free. 1-844-254-6832, W. +1 (305) 531-4311, F. +1-786-768-2980.
Retailers general ship via several courier services, such as UPS or Fedex. These companies will email a tracking number to you upon pickup from the Retailer. Due to Federal Aviation Administration regulations Retailers are not able to provide overnight shipping for Products that contain 70% ABV or higher. During times of inclement weather, including extreme heat or cold, We recommend shipping overnight to reduce the time in transit or postponing until conditions improve. The purchaser assumes all liability for wines/spirits damaged en route due to weather.
Retailers generally do not ship on weekends or government holidays though may process orders at night and on weekends. If you receive a “Shipping Confirmation” email after 5PM EST on a weekend or holiday, it means the Retailer has processed and packed your order; however, the courier service will ship it on the next business day.
Once a purchase of the Products is made from a Retailer, you assume title and ownership of the wines/spirits. By arranging transportation, the Retailer is providing a service to you and acting on your behalf. You are solely responsible for determining the legality and tax consequences of having wines/spirits shipped to you.
Certain states prohibit the direct importation of alcohol from certain other states. Orders placed for address within those states may be canceled and you will be issued a complete refund. It is your responsibility to know whether you may receive shipments from out-of-state Retailers. Passion Spirits makes no representation as to any laws, rules or regulations regarding the sale, service, transportation or delivery of alcoholic beverages to you. KCS Beverage Company and Passion Spirits are not liable for any loss or damage arising from your failure to comply with the terms set forth in these Terms and Conditions or compliance with any applicable laws.
All orders over $500, where the billing and shipping addresses do not match, including gift purchases, will require additional time for credit card authorization. Orders paid by electronic check or PayPal will be shipped after the funds have cleared. International customers who are purchasing gifts for friends and family within the United States must pay through a “confirmed” PayPal account. We are not able to accept credit cards for international transactions.
KCS Beverage Company and Passion Spirits guarantees that your payment, less its fees, will be used to purchase and ship the Products from the Retailer to the address that you indicate.
Please contact Passion Spirits by email (email@example.com) or phone (Toll Free. 1-844-254-6832, W. +1 (305) 531-4311, F. +1-786-768-2980) before attempting a return. All refund requests must be made within twenty (20) days of the receipt of delivery date. Passion Spirits will work with the Retailer to arrange for a return, refund or credit, but returns, refunds or credits are not accepted by all Retailers in all states. If you suspect a Product is spoiled or defective, please put the cork back into the bottle and contact Passion Spirits. Passion Spirits will contact the Retailer and advise you of next steps. There are no refunds for empty bottles. Spoiled or defective Products may generally be exchanged for an item of equal or greater value only.
If the Retailer sent you the wrong Product, please contact Passion Spirits immediately to arrange for a replacement through the Retailer.
Price List/Typographical Errors:
In the event that a Product is mistakenly listed at an incorrect price, as determined by Passion Spirits in its sole discretion, We reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, We will issue a credit to your credit card account for the amount paid.
THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, any warranty for information, data, uninterrupted access, availability, correctness, timeliness, accuracy, usefulness, content, title, non-infringement, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to certain users. No advice, results or information, whether oral or written, obtained by you from Passion Spirits or through the Site creates any warranty not expressly made herein. If you are dissatisfied with the Site, your sole remedy is to discontinue use of the Site.
Limitation of Liability:
IN NO EVENT IS KCS BEVERAGE COMPANY AND OR PASSION SPIRITS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE or the content, materials, and functions related thereto, including without limitation, loss of revenue, or anticipated profits or lost business or lost sales, even if KCS Beverage Company and or Passion Spirits or such individuals have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall KCS Beverage Company and or Passion Spirits be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site. In no event shall the total liability of KCS Beverage Company and or Passion Spirits to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence or otherwise) arising from the Terms and Conditions or your use of the Site exceed, in the aggregate, $1.00 (one U.S. dollar).
These Terms and Conditions are applicable to you upon your accessing the Site or completing the registration or shopping process. KCS Beverage Company and or Passion Spirits may terminate these Terms and Conditions or any part of them without notice, at any time and for any reason. The provisions relating to Proprietary Rights, Participation Disclaimer, Warranty Disclaimer, Limitation of Liability, Indemnification and Applicable Laws, shall survive any termination. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to, content, features, products, hours of availability, returns, and delivery policies. We may also impose limits on certain features of the Site or restrict your access to portions or the entire Site without notice or penalty.
We may deliver notice to you by email, a general notice on the Site, within these Terms and Conditions, or by other reliable method to the address you have provided to KCS Beverage Company and or Passion Spirits.
Passion Spirits is the owner and/or authorized user of any trademark, and/or service mark appearing on the Site and is the copyright owner or authorized user of the content and/or information on the Site, unless otherwise indicated. This Site and all web pages are ©2021, Passion Spirits, LLC. You acknowledge that (a) the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Passion Spirits and/or third parties, own all right, title and interest in and to the Site and any software provided through or in conjunction with the Site, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, rent, lease, license, sublicense, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, assign, reverse engineer, disassemble, modify, loan, export or otherwise attempt to derive source code, technology or other materials from the Site; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Site; (iii) use the Site to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter Passion Spirits’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site. You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on the Site, whether or not appearing in large print, italics, or with the trademark symbol, are owned by Passion Spirits or its clients, or are used under license, by permission, or otherwise lawfully. The Site may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Passion Spirits and/or other parties. No license to, or right in, any such trademarks, logos, designs, slogans, trade dress, patents, trade secrets, technologies, products, processes, or other proprietary rights of Passion Spirits and/or other parties is granted to, or conferred upon, you. Passion Spirits hereby grants to you a limited, nonexclusive, nontransferable license to access and use the Site solely for your personal and noncommercial purposes. The license granted to you shall automatically terminate if you do not comply with any aspect of these Terms and Conditions. For clarity, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. You may not, distribute, modify, transmit, reuse, repost, or use the content of the Site, including text, images, audio, or video content, for public or commercial purposes. You should assume that everything you see or read on the Site is copyrighted and may not be used, except as expressly provided in these Terms and Conditions or in the text on the Site, without the written permission of Passion Spirits. Passion Spirits neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by, or affiliated with, Passion Spirits or applicable law. You may not use, download, or export the Site in violation of any applicable laws or regulations. You may not use the Site in any manner that could damage, disable, overburden, or impair Passion Spirits’ servers or networks, or interfere with any other party’s use and enjoyment of the Site. Passion Spirits may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
We control and operate this Site from our office in the United States of America. We do not represent that materials on this Site are appropriate for use in other locations. People who chose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions, use of the Site and relationship between you and Passion Spirits shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and Passion Spirits agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Florida. You and Passion Spirits each agree to submit to the personal and exclusive jurisdiction of the courts located within Dade County in the State of Florida. The failure of Passion Spirits to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties intentions as reflected in this provision and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Use of Site:
You agree to access and use the Site in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use this Site for any illegal or wrongful purposes. Harassment in any manner or form on or through the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. You represent and warrant that while using the Site, you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful; (b) restrict or inhibit any other user from using and enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also represent and warrant that you will not: (a) impersonate, or misrepresent your affiliation with any other person or entity when using this Site and related services; or (b) attempt to gain unauthorized access to other computer systems through the Site.
You acknowledge and agree that We retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users.
We do not and cannot review all communications and materials posted to or created by users accessing the Site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing the ability to view and distribute user-generated content on the Site, We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Site. However, We reserve the right to block or remove communications or materials that is determined to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another; or (d) offensive or otherwise unacceptable to Passion Spirits in its sole discretion.
You agree to indemnify, defend, and hold harmless Passion Spirits, its officers, directors, employees, agents, and licensors (collectively the “Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Passion Spirits reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
In an attempt to provide increased value to our visitors, KCS Beverage Company and or Passion Spirits may link to sites operated by third parties. These linked sites are only for your convenience and therefore you access them at your own risk. We have no responsibility for the accuracy or availability of information provided by web sites We may link to from this Site. Links to other sites does not constitute an endorsement or association with KCS Beverage Company and or Passion Spirits. You acknowledge that KCS Beverage Company and or Passion Spirits is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on any linked sites.
If you have any questions regarding the Terms and Conditions or would like to contact us, please do so by one of the following methods. By email: firstname.lastname@example.org. By phone: Toll Free. 1-844-254-6832, W. +1 (305) 531-4311, F. +1-786-768-2980. By mail: 6900 Biscayne Blvd. Suite 4. Miami. FL. 33138.
©2021, Passion Spirits, LLC.
©2021, KCS Beverage Company, LLC. 2021.