Terms & Conditions as they relate to alcoholic beverages:
We may allow third parties to offer goods or Services on the Sites. The Company undertakes to be as accurate as possible with all information regarding the goods and Services, including product descriptions, pricing, and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
We may allow third parties to offer goods or Services on the Sites. The Company undertakes to be as accurate as possible with all information regarding the goods and Services, including product descriptions, pricing, and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
We do not sell, offer to sell or solicit sales of alcohol. Our Site enables you to search online for alcohol and other products available for sale by alcohol beverage licensees authorized to sell alcohol directly to consumers ("Licensees"). The Service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensee of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage Licensee. When you search for a product, the Service shows you its availability, price and other information based on your location and information provided by the Licensees that service your location; if you prefer, you may sort and filter results based on search criteria. Our Service may be limited or not available at all in some places due to local law or other restrictions.
When you order, it is an offer to purchase from a Licensee. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Licensee at that time. The Licensee reviews your order and decides whether to accept it. If the Licensee decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment.
Title to, and ownership of, all alcohol beverages passes from a Licensee to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the alcohol beverages, [INSERT WEBSITE ADDRESS] is providing a service to and acting on behalf of the purchaser. By utilizing this service from [INSERT WEBSITE ADDRESS], the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of alcohol beverages. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
ALL RISK OF LOSS WILL PASS TO YOU WHEN THE GOODS ARE DELIVERED WITHIN THE STATE IN WHICH THE ALCOHOL BEVERAGE LICENSEE IS LICENSED. MOREOVER, YOU ARE RESPONSIBLE TO KNOW THE LAW OF THE STATE IN WHICH YOU LIVE OR TO WHICH YOU WISH THE GOODS SHIPPED AS THEY RELATE TO THE SHIPMENT AND DELIVERY OF ALCOHOLIC BEVERAGES. YOU ARE RESPONSIBLE TO PAY ANY STATE AND LOCAL EXCISE TAXES AND USE TAXES.
YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS AGAINST ANY DAMAGES (INCLUDING ATTORNEY’S FEES) RESULTING FROM ANY CLAIM THAT THE GOODS PURCHASED BY YOU CANNOT BE LEGALLY SHIPPED INTO THE STATE IN WHICH YOU LIVE BY A PERSON WHO OWNS SUCH GOODS AND HAS PURCHASED THEM FOR HIS OR HER PERSONAL CONSUMPTION OR THAT YOU HAVE EXCEEDED THE AMOUNT OF GOODS WHICH MAY BE SHIPPED INTO THE STATE FOR PERSONAL CONSUMPTION OR THAT ANY TAXES OR DUTIES WHICH MAY BE IMPOSED UPON SUCH SHIPMENT OR CONSUMPTION HAVE NOT BEEN PAID.
Orders, Shipping, and Delivery:
Licensees are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Site (b) setting the purchase price of all products made available for sale via the Site (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders either directly or through a third-party shipping company, if applicable. The Company shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.
Regarding gift cards:
Tap and Cork may offer gift cards on both alcohol and non-alcohol products. Although most states have not released guidance on the permissibility of gift cards used to purchase alcohol, New York has issued a few advisories on the topic. The advisories stated that although third-party marketing companies like Tap and Cork may issue gift cards, payment should ideally be held in a designated bank account of the alcohol beverage licensee's choice (the licensee who will ultimately fulfill the order) so that the licensee retains control over the distribution of funds.
I understand that it may be difficult to determine in advance which alcohol beverage licensee will fulfill the order, but we have also seen instances where the money was held in an escrow account that could only be accessed by a pool of alcohol beverage licensees, one of which would ultimately fulfill the order. I also understand that the gift card may not even be used on alcohol and that it may ultimately be used to purchase non-alcohol products (the applicable advisories applied only to gift cards for the purchase of alcohol, so please let us know if you would have one general gift card or one general gift card and a separate gift card for alcohol only).
Because it is almost impossible to determine what the gift card will be used on and which vendor will ultimately fulfill the order, if the funds do not go directly to the alcohol beverage licensee, alternatively, another New York ruling held that the third party marketing company could collect the funds from the purchaser when the gift card is purchased and then pass the funds on to the licensee within a "reasonable time frame". If the gift cards have a start and end date, this may be an option, because in New York it was deemed permissible for a marketing company to offer gift certificates and hold consumers payments in a separate dedicated account as long as the marketing company did not retain the purchase amount in the event that the purchaser did not use the gift certificate. So here, the solution was that the marketing company would refund the purchaser if gift certificates were not redeemed within the year (which is the most compliant option). However, since the gift cards may technically be used towards alcohol or non-alcohol products and there is no way to determine how the card will be used until the recipient uses it, holding the purchaser's funds "indefinitely" until the purchase is made would be arguably permissible since the gift card may be redeemed for non-alcohol products. The only time an indefinitely valid gift card would become problematic is if SnackMaic held the funds for the sale of alcohol (if the recipient ultimately purchases alcohol) for an extremely long period of time. The reason is that Tap and Cork as a non-licensed entity may not receive proceeds from the sale of alcohol, so if the purchaser never redeemed the gift card and Tap and Cork retained the funds, this could be construed as an availing of a license. However, since you would have no way to determine whether alcohol or non-alcohol would be purchased, the New York advisories would not be entirely applicable since we could argue that if the gift card was never used, Tap and Cork retained the funds from a non-alcohol product (there is just no way to know what the recipient would have purchased). Here, you can either indicate an expiration date on all gift cards, which may not be an issue for you and which you may actually prefer for your own internal tracking. Or, if you have one general gift card and one gift card specifically for alcohol, I would at least include the expiration date on the alcohol gift cards and refund the money to the purchasers within a year or so if the card is not redeemed. Lastly, if the card may be redeemed for all products including alcohol, we have a good argument that even if there was not an expiration date, Tap and Cork was not retaining proceeds from the sale of alcohol indefinitely since the recipient could have purchased a non-alcohol item. Any of the options provided would be compliant, so please let us know what is best for your business model.
Gift Card Terms of Use
· Gift Cards cannot be used to purchase Gift Cards.
· Promotional offers and discounts may not be applied toward the purchase of Gift Cards.
· Online Gift Cards are non-transferable, non-refundable, and are not redeemable for cash (except where required by state law).
· During online checkout, if the amount on your Gift Card(s) is less than the total order amount, you will need to pay the remainder of the purchase with a valid credit card.
· During online checkout, if the amount on your Gift Card(s) exceeds the total order amount, the balance will be stored in your account for your next purchase using the same Gift Card code.
· We cannot replace lost or stolen Gift Cards.
· We do not charge sales tax when you buy a Gift Card online. Sales tax is charged when the Gift Card is redeemed.
· You agree and understand that Tap and Cork does not sell alcohol or make a commission on alcohol. Payment to Tap and Cork is solely for the services available on the website and not for the sale of alcohol.
· You agree that by using the services of Tap and Cork, you authorize Tap and Cork to arrange for the provision of alcohol from authorized alcohol beverage licensees and that all alcohol purchases are accepted and ultimately fulfilled by alcohol beverage licensees. You acknowledge that Tap and Cork is providing a service to, and acting on your behalf.
· Gift cards are valid for one (1) year from the date of purchase. If the Gift Card is not redeemed within one (1) year from the date of purchase, the purchaser will be refunded the full amount paid for the Gift Card.
· If you have any additional questions, please contact our Customer Service team at hi@tapandcork.com