Terms & Conditions

MARKETPLACE TERMS & CONDITIONS

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Introduction

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This website, www.fiftylevencollection.com, is owned and operated by Fifty Leven, LLC d/b/a "Fifty Leven Wine.” It, any individual websites we have now or may have in the future, and any links contained within or otherwise available through external hyperlinks within this website shall collectively be referred to as our "Site." By using our Site and any services offered on our Site, you agree to these Terms & Conditions, our Privacy Policy, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, IMMEDIATELY STOP ACCESSING OUR SITE AND DO NOT USE ANY SERVICE OFFERED THROUGH OUR SITE.

 

MUST BE 21

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You must be at least twenty-one (1) years of age to make a purchase on our Site. To verify that you are at least twenty-one (21) years of age, you will be required to enter your date of birth prior to completing a purchase on our Site. Additionally, all deliveries of packages containing alcoholic beverages require the signature of a person who is at least twenty-one (21) years of age.

 

In-Person Pickup

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Any Item(s) purchased through our Site may be picked up or redeemed in person at the designated locations. For instructions on picking up your Item(s) in person, please contact the Fifty Leven LLC directly by email at hello@fiftylevencollection.com with “Pickup” in the subject line.

 

Rejected Orders

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Any order or portion of an order you place on our Site may be rejected for various reasons including, but not limited to, the product being out of stock. If your order, or any portion of your order is rejected, your credit or debit card will be automatically refunded for the entire amount it was charged for the order, or portion of the order, that was rejected. You will also receive an email notification for any order or portion of your order that was rejected. Because an order may be rejected for a number of different reasons, this notification email may not contain a complete explanation as to why your order was rejected. For more information on why your order, or any portion thereof, might have been rejected, please email us at hello@fiftylevencollection.com and we will attempt to answer your question.

 

Fraudulent Information

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If you commit fraud or falsify information in connection with your use of our Site and/or in connection with your Fifty Leven Wine account, we may terminate your account immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue any and all available legal action, and to notify your internet service provider of any fraudulent activity we associate with you or your use of our Site.

 

No Refunds or Returns

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Due to various legal restrictions regarding the sale of wine and other Items, we cannot refund our users for the purchase of any Items sold through our Site, nor can we accept returns. If you have a bad experience with Fifty Leven LLC, please email us at hello@fiftylevencollection.com and we will attempt to address your concerns accordingly.

 

Termination of Fifty Leven Wine Account

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Fifty Leven Wine reserves the right to deny service or access to our Site or an account to anyone at any time if we determine, in our sole discretion, that such person has violated these Terms & Conditions. Additionally, a Fifty Leven LLC account holder may voluntarily terminate his or her Fifty Leven LLC account at any time.

 

No Agency

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No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between you and Fifty Leven Wine by your usage of our Site.

 

Availability of Website

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Users of our Site may experience interruptions in service due routine maintenance or other causes that are may or may not be within our control.

 

Indemnification

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You agree to defend, indemnify and hold harmless Fifty Leven LLC, and our respective managers, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of or related to any products or services purchased by you in connection with our Site or any use of our Site in violation of these Terms & Conditions. You are solely responsible for your interactions with Fifty Leven Wine and other users of our Site. To the extent permitted under applicable laws, you hereby release Fifty Leven LLC from any and all claims or liability related to any product or service of a Fifty Leven Wine, any action or inaction by Fifty Leven LLC, including failure to comply with applicable law and/or failure to abide by the terms of a purchase, and any conduct or speech, whether online or offline, of any other user.

 

Disclaimer of Warranty

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The Fifty Leven Wine Collection Site and services are provided "as is," "with all faults," and "as available." Fifty Leven LLC and participating vendors make no express warranties or guarantees about the Site or services provided on it. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, MANAGERS, AGENTS, AND VENDORS DISCLAIM ANY AND ALL IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THERE IS NO, AND NEVER HAS BEEN ANY, GUARANTEE THAT FIFTY LEVEN LLC WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. FIFTY LEVEN LLC DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. FIFTY LEVEN LLC MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY PROVIDED ON THE SITE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A FIFTY LEVEN LLC REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

 

Limitation of Liability

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IN NO EVENT SHALL FIFTY LEVEN LLC'S LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, OR VENDORS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND/OR SERVICES EXCEED THE TOTAL AMOUNT OF MONEY THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD. FIFTY LEVEN LLC, OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, AND VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON, FIFTY LEVEN LLC'S SITE AND/OR SERVICES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, MANAGERS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Gift Cards

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We may allow our users to purchase electronic gift cards ("Cards" or a "Card") on our Site. Cards are valid only toward purchases made on our Site, and your use of a Card indicates your agreement to be bound by these Terms and Conditions in their entirety. Cards are not refundable or redeemable for cash, and have no expiration date or card fees. You should protect your Card(s) like cash as lost, stolen or damaged Cards will not be replaced except in limited circumstances or where required by law, and only if the Card has never been used and with proof of purchase as required by Fifty Leven LLC in its sole discretion. A Card is not a credit, debit, or charge card, and no implied warranties attach to it. The Cards are issued by Fifty Leven LLC, and we reserve the right to change the terms of our gift card program at any time or to contract with a third party to administer our Cards.

 

Website Ownership

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The content and information on our Site, as well as the infrastructure used to provide both, is the property of Fifty Leven LLC, participating vendors, and/or other partners. Users of our Site are prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling or re-selling any Site content, including but not limited to, information, software, products, or services obtained from or through our Site.

 

Information Security

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Fifty Leven LLC does not and cannot control the security of the internet and other networks users might use to access our Site or communicate with us. As such, we cannot be, and are not, responsible for the security of information that you communicate to Fifty Leven LLC while it is being transmitted; nor is Fifty Leven LLC responsible for any data lost during transmission of your information.

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Communications with us/other users/vendors

We may, in some instances, allow you and other users to ask questions, express opinions, and otherwise communicate through communication facilities that may be offered on or through our Site from time to time. Fifty Leven LLC shall have the right, but not the obligation, to monitor any such communication facilities at any time, for any reason, including to determine compliance with these Terms & Conditions, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right, but not the obligation, to remove any material from the communication facilities for any reason at our sole discretion. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by any user of our Site to the communication facilities are those of the respective author(s) or distributor(s) and not of Fifty Leven LLC.

 

Your Statements Are Public

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You understand and agree that all statements you make through communication facilities we might offer are public and not private. Any other person may read your statements without your knowledge or approval. Please do not include any Personal Information (as defined in our Privacy Statement) in your statements. Fifty Leven LLC does not endorse any statement found in any part of the communication facilities, and we will not be liable for the statements, the communication facilities, and any actions resulting from your participation in any part of the communication facilities, including any objectionable content.

 

Fifty Leven LLC's License to Your Statements

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By posting statements or other information on or through the communication facilities, you grant Fifty Leven Wine a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

 

Links To Other Websites

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Our Site contains links to websites maintained by third parties. Fifty Leven LLC does not make nor do we endorse, any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. Access to such websites is undertaken at your own risk.

 

No Waivers

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No waiver by Fifty Leven LLC of any breach or default or failure to exercise any right allowed under these Terms & Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under these Terms & Conditions.

 

Headings

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The section headings used herein are for convenience only and shall be of no legal force or effect.

 

Severability

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If any provision of these Terms & Conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained herein, and the remaining portions of these Terms & Conditions shall continue in full force and effect.

 

Choice of Law

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Any disputes arising out of or related to these Terms & shall be governed by the laws of the Commonwealth of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles.

 

Changes To Terms & Conditions

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Fifty Leven LLC reserves the right to modify these Terms & Conditions at any time. Users of our Site should periodically review this page for any changes. Changes to these Terms & Conditions will become effective upon their posting on the Site. Such modifications will not affect purchases made prior to the modifications becoming effective. Fifty Leven LLC also reserves the right to change or discontinue any aspect or feature of our services or our Site including, but not limited to requirements for access to or use of our Site and/or service.