Terms and Conditions
The use by you of this wonderful website and the purchase by you of a membership through this wonderful website is conditional upon your acceptance of these rather officious yet necessary terms and conditions. Please read on.
Before offering to buy a membership you must open an account (sign in) with us and by doing so you are deemed to have accepted these terms and conditions. If you don't accept these terms and conditions, we are afraid you will not be able to open an account and become a Flaviar Member.
We may revise this legal notice at any time by updating this page. May we suggest you open up your favourite liquor and check the website from time to time to review the then current legal notice. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this website.
Information about us
flaviar.com and related microsites - our “website” - is a site operated by Flaviar, Inc. (we). Our registered office is on 244 Fifth Avenue, Suite F247, New York, NY 10001. Our main trading address is the same.
Buying a Flaviar Membership
We sell Membership services to our customers whereby we (as a gift to you) also send the desired product at the agreed time to the desired place. Every Membership is made clear at the time of purchase and through subsequent confirmation emails.
Our Membership packages will auto-renew (except any bought as gifts) and we will provide adequate notice to yourselves in both digital (email) and physical (postal) notifications. At any time you can ask to cancel the Prime membership before the 1st of the month in which it would usually renew.
Flaviar's obligations under this agreement are to issue the Prime membership to you under the agreement. We are responsible for you receiving the desired services and goods to an (at least) acceptable quality.
Products and services available on our website are sold by a network of independent vendors, retailers, manufacturers and other licensed parties (vendors) that we rely upon. Each product or service listed on Flaviar website is not an offer to purchase such product or service but an invitation to make an offer. You acknowledge and agree that Flaviar does not sell, offer to sell, invite to sell, or solicit any offers. In all instances, all sales are advertised, solicited, offered, accepted, made and delivered by vendors who receive all orders. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party.
By placing an order through our site, you confirm that:
- You're legally capable of entering into binding contracts;
- You and the recipient (in case Flaviar is your gift to someone) are at least 18 years old and of legal minimum age for purchasing alcohol in your country of residence.
A person is only allowed to have one account registered with Flaviar. Multiple accounts will be deleted.
You grant us an irrevocable non-exclusive license to use for any purpose any content you post on our website or otherwise communicated to us via any media.
If you access our site and services outside EU, we advise you to check it with your local authority before using any of our services. It is on your own initiative and it is your responsibility to be in compliance with all local laws and regulations, if and to the extent they are applicable.
By placing an order, you represent that you authorize us to act on your behalf to engage a common carrier to deliver your order where you want it delivered. Flaviar and our affiliates make no representation as to the right of any person to import any product in to any country or state. Local taxes and excise duties that might apply are your responsibility.
How the contract is formed between you and us
On the purchase of one of our Prime membership packages until cancellation or transferring of the membership to another individual agreed with Flaviar, if appropriate to that membership package.
If you're contracting as a consumer, you may cancel a contract at any time within 14 business days. In this case, you'll receive a refund of the price paid for the membership, in accordance with our refunds policy (see Our Refunds Policy).
To cancel a contract, you must inform us in writing, by email or you do it yourself on our website (login to your profile). We’ll then cancel your contract in accordance with our refunds policy. This provision does not affect your statutory rights.
Complaints need to be placed within 6 months from the moment of the purchase. Complaints at a later date will not be taken into consideration.
Price and payment
The price of any membership will be as quoted on our site, except in cases of obvious ‘doh!' error. These prices include VAT. If there's an obvious pricing error in relation to the membership which could have reasonably been recognizedf by you as a mis-pricing then we have the right to cancel any membership issued in respect of the deal and issue you a refund in respect of the same.
US Sales Tax calculated during the checkout process is an estimation. Final amount of Sales Tax may differ, but the total amount you pay for your order will not be affected (applies to US customers only).
Payment for all services and products may be made by credit or debit card and/or Paypal. We may sometimes preauthorise your credit card, debit card and/or other method of payment when you offer to buy a Prime membership but will only charge your credit or debit card up to 30 days before the products are dispatched as part of the membership package.
The products are sold under the condition that they will at no point become the subject of duty of tax evasion. Ensuring that any relevant duties or local taxes have been paid remains the sole responsibility of the customer and we will not be liable for any actions undertaken without the appropriate duties having been paid subsequent to sale.
There are a number of ways for our members to gain credits. You can spend credits on all non-recurring transactions: Tasting Boxes, Flaviar Deals/Bottles, Prime membership shipping costs and Gifts. Credits expire 6 months after you earn them. Current balance and status of the credits can be reviewed by logging into your account on our website.
Credits and promo codes are only valid if gained and used for the purpose intended by Flaviar. Using them in a way they were not intended for can result in erasing the credits from the account, removing credits and promo codes from already existing order, cancelling the order or cancelling the user account. If credits and/or promo codes are removed from the order, the order is cancelled and the customer is notified about it.
Any misuse of Flaviar's referral mechanism is strictly prohibited and can result in credits or order cancellation, cancellation of the user account, or reporting to the authorities.
A third party carrier ships the items we send you.
If the delivery address you provide is incorrect, we cannot accept any liability for delay or non-delivery. We also reserve the right to charge shipping costs to re-send the package. If you do not wish the goods to be re-sent we will, at our discretion, refund the value of the goods (except for the shipping costs).
If you refuse any shipments from Flaviar or if the delivery is not successful after the final delivery attempt to the specified address, you will be responsible for the original shipping charges, any duties, taxes, and/or customs charges incurred, and the cost of returning the package back to us . This amount will be deducted from your refund.
We did our best in designing our signature black package to offer not just one-of-a-kind unboxing experience, but also provide maximum protection for its contents. In the (rare) case of receiving damaged goods, please notify us immediately and we will agree about how we can make it up to you. We may ask you to provide a photo and/or written proof before offering any kind of refund or replacement. Notify us immediately also if any items you receive are incorrect or incomplete.
We cannot be held responsible for any orders that are seized, impounded or have additional duty charged on them by Customs.
At the moment we ship to all European Union (EU) countries and the United States, with the exception of the following states: Alabama, Alaska, Arkansas, Delaware, Hawaii, Kentucky, Massachusetts, North Dakota, Oklahoma, Pennsylvania, South Dakota, Texas and Utah. Unfortunately, we also cannot ship to PO Boxes and APO addresses. But don't hesitate to become a member, because we are expanding to new territories every month.
Delivery times vary according to your selected delivery address and availability of the ordered items. A signature may be required for delivery.
Our Right to Cancel Orders
Orders are subject to our acceptance and we may, at our discretion, refuse to accept your order. But worry not, filling your home bar with extraordinary choices is our number one goal, so we will only cancel orders that we suspect were placed using incorrect information, misuse of our credits and promo codes system and other forms of fraud.
If that is the case with your order, our Customer Support representative may contact you first by email and give you a reasonable amount of time to respond to our concerns. However, we reserve the right to cancel the order at any stage of order fulfillment process with no further notice.
Another reason for us to cancel your order is if it cannot be fulfilled due to unavailability even after 2 months after it was made. It does not happen a lot, but just in case, and for these kind of cases, we don't take any responsibility for damage caused due to longer fulfillment times or due to inability to deliver items that are not in stock.
In case we had to cancel your order, the payment that you made will be refunded as soon as possible via your original payment method, latest within 30 days from cancelation.
Unredeemed Gift Vouchers will expire in 6 months from the day of purchase.
Our refunds policy
If we're providing a refund:
- You may cancel your Membership within 3-days after becoming a member for a full refund by contacting our Membership team at email@example.com. We may charge you (or withhold from your refund) the value of benefits used by you and your account during this period.
- Cancellation requests after the 3-day grace period will result in Membership renewal prevention; membership status remains unaltered until the end of the prepaid period. You can pause your Membership or prevent it from renewing any time by sending a message to firstname.lastname@example.org and following the provided instructions or by contacting our Membership team at email@example.com.
2. Store Purchases
- Because your goods have not been delivered within 2 months of the day you placed the order, we will refund your payment in full.
For any other reason at our discretion, we will notify you of such refund via email within a reasonable period of time. We'll usually process the refund due to you as soon as we can.
We'll refund any money received from you to the method of payment originally used unless agreed otherwise (i.e. store credit).
If you want to share the content on our site with your friends, we'd be delighted, but please use the sharing tools provided.
You're permitted to print and download extracts from the website for your own use on the following basis:
- no documents or related graphics on the website are modified in any way;
- no graphics on the website are used separately from the corresponding text; and
- our copyright and trademark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphical images) are owned by us or our licensors.
For the purposes of this legal notice, any use of extracts from the website other than in accordance with these terms and conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.
Subject to these terms and conditions, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.
While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Sorry about that.
Visitor material and conduct
- that's threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licenses and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the website (including, without limitation, by hacking). In case of any violation of these Terms and Conditions or any fraudulent behaviour (including but not limited to creating multiple accounts and misuse of our referral system), we reserve the right to cancel or terminate any members account. We shall also fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.
Links to and from other websites
Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.
We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the membership you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [even if foreseeable].
Suspension and termination
We will determine, with discretion, whether there has been a breach of these terms and conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a “moderation notice”):
A moderation notice should be sent either:
- by post: to our current registered office, marked for the attention of “The Legal Department”; or
The moderation notice should include details of:
- the date, time and listing of the comment(s)/content concerned;
- the action that you wish us to take in respect of the comment(s)/content; and
- the basis on which the action requested is requested (e.g. alleging it to be defamatory, abusive or otherwise in breach of these terms).
On receipt of the moderation notice, we shall, in most circumstances:
- immediately suspend the comment(s)/content concerned;
- commence an investigation into it/them; and
- contact the user(s) concerned:
with a copy of your moderation notice;
- giving them an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your moderation notice; and requesting that they respond to us within 21 days.
- If we do not receive a response from the user(s) within 21 days, we will permanently delete the relevant comment(s)/content.
- Once we have received a response from the user(s), we will take a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.
- Once we have taken our decision, we will notify you and the user(s) concerned as soon as possible. When notifying you of the decision, we will attach a copy of the user(s)' representations (if any), redacted to protect their identity.
- For the purposes of openness and fairness, we will send copies of all relevant correspondence addressed to it to all parties, again redacted where appropriate to protect the user(s)' identity.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
Law and jurisdiction
This agreement and any dispute arising out of if will be governed by and construed in accordance with the laws of New York. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of the State of New York.
Enough said. Let's have a drink. Cheers.