When you register and join the Flaviar, you become a free member (“Free Member”), free of charge. If you buy any of our paid Services (“Paid Membership Services”), you become a paying member (“Paying Member” or, simply, “Member”). If you have chosen not to register for our Services, you may access certain features as a visitor (“Visitor”).
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We may revise them at any time by amending this page. If we believe that the changes are material, we’ll let you know by posting the changes through the Services or sending you an email about the changes.
You are expected to check this page from time to time to take notice of any changes we made, and decide whether you want to continue using the Services. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Some of the provisions contained in these Terms of Service may also be superseded by provisions or notices published elsewhere on our site.
No change to the Terms of Service shall be valid unless changed in writing and posted on this page.
FLAVIAR ACCOUNT AND REGISTRATION
You’ll need to create an account with Flaviar to use some of our Services. You must be of legal drinking age in your respective country (or older) to register. Please provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
A person is only allowed to have one account registered with Flaviar. Multiple accounts under single ownership is considered a breach of Terms and will be terminated accordingly. You agree to not transfer any part of your account (e.g., connections). We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
Flaviar Account is your Responsibility
You’re solely responsible for any activity on your account. You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
Since you agree to be solely responsible and liable for any and all activities that occur under your account, it’s important to keep your account username and password secure.
You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account and/or personal information. If you become aware of any unauthorized use of account information, you agree to notify us immediately.
Buying a Flaviar Membership
We offer yearly and quarterly membership plans. In some types of Flaviar Memberships, you will be issued a coupon periodically, which you can exchange for selected products from our retailers. We work closely with them on the selection of the best products for our members. When you choose the products you wish, the selected retailer will send them at the agreed time to the desired address usually without any additional charges.
Members are informed of all the benefits, aspects and workings of the Flaviar Paid Membership prior purchase and then again, in more detail, through subsequent emails sent immediately upon purchase. Every recurring transaction is announced in advance and upon completion via email.
Flaviar Membership will auto-renew at the end of the prepaid period and we will provide adequate notice to yourselves in digital form (email).
We are responsible for you receiving the desired services and goods to an (at least) acceptable quality. Some Services that are part of Flaviar Memberships, may be provided by a network of independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”) that we are partnered with. You acknowledge and agree that Flaviar does not sell, offer to sell, invite to sell, or solicit any offers, provided by such third-party Vendors. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
Before offering to buy a Membership you must open an account (“Sign In”) with us (as described under Section “Flaviar account and Registration”) and by doing so you are deemed to have accepted these Terms. If you don't accept these Terms of Service, you will not be able to become a Flaviar Member.
When you select a membership plan at check-out, you agree and acknowledge that your membership has an initial and recurring payment charge at the then-current rate. Each membership plan automatically renews according to the schedule you have selected (yearly or quarterly) until you modify or cancel it, or until we terminate it in accordance with these Terms (“Our Right to Cancel Orders” under Section “Shopping on flaviar.com” may also apply to Memberships). Your payment method will be charged on your next refill date. You accept responsibility for all recurring charges prior to cancelation. We reserve the right to change, discontinue, or terminate memberships at our discretion and without notice.
By becoming a Member, you represent that you authorize us to act on your behalf to engage a common courier 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 into any country or state. Local taxes and excise duties that might apply are your responsibility.
If you access our site and services outside the US, 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.
How the contract is formed between you and Flaviar
On the purchase of Flaviar Membership until cancellation of said Membership.
If you're contracting as a consumer, you may cancel a contract at any time in accordance with our Refund Policy and receive a refund of the price paid for the Membership in accordance with said policy (see Our Refund Policy). Cancellation requests will in most cases result in Membership renewal prevention and will remain active until the end of the prepaid period.
To terminate a contract, you must inform us in writing, by email or you do it yourself on our website (log in to your Account and visit the Membership page). This provision does not affect your statutory rights. To avoid being charged, you must cancel your membership at least one full business day prior to your next refill date. Please note that while online cancelations are effective immediately, cancelation requests received by email may take up to five (5) business days to process.
Complaints need to be placed within 3 months from the moment of the purchase. Complaints at a later date will not be taken into consideration.
Exchanging membership coupons for products, title and ownership, indemnification & waiver
When you seek to exchange your membership coupon for a product, you are appointing Flaviar to act as your agent to source selected products with a licensed retailer. Each licensed retailer will only sell and deliver in the state in which it is licensed. Flaviar is acting as your agent, and will seek to place the order with the licensed retailer. If the retailer accepts the order, it will deliver the product to Flaviar as your agent. Flaviar, as your agent will accept delivery of the product in the state in which the retailer is licensed and will deliver or arrange for the goods to be delivered to a warehouse, in your name, in that state.
Flaviar never takes title to the goods in its own name. Once purchased, the goods belong to you. Unless you direct that the product remain in storage in that state, Flaviar, acting as your agent, will then request that the goods be delivered to you at the address you provide. Because all products are accepted for delivery in the state in which the retailer is licensed, you will be required to pay the state and local sales tax associated with a sale and delivery in that state.
Title and ownership of all products and all risk of loss will pass to you when the goods are delivered within the state in which the retailer 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 attorneys’ fees) resulting from any claim that the goods purchased by you cannot be legally sent 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 exceed 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.
SHOPPING ON FLAVIAR.COM
Relationship between You, Flaviar and Retailer(s)
When you place an order to purchase products using our website, you are not purchasing that product from us. RATHER, YOU ARE PURCHASING PRODUCTS FROM A THIRD PARTY LICENSED TO SELL BEVERAGE ALCOHOL. PLEASE NOTE - WE NEVER TAKE TITLE TO THE PRODUCT.
You understand that Flaviar may accept payment from or charge fees to the retail licensee and other parties to transactions in which you are involved as a purchaser. You agree that you have waived any claim of conflict of interest, breach of fiduciary obligation or any other similar claim.
Shipping, Returns and Refund Policy
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities may not be returnable and—if returnable—may be returned or exchanged in accordance with the Refund Policy and Shipping & Returns.
Please note that when you make a purchase offer, we will forward such an offer to a licensed third party Vendor, who may or not accept such offer. The return policy of that Vendor and the laws of the state (or country) in which that Vendor is licensed, may determine whether the goods may be returned and if so, the applicable return policy.
Products or Services may be limited in availability as to person, geographic region or jurisdiction. You agree that we may exercise the right to limit the products we are willing to purchase or services we are willing to perform on a case-by-case basis. We reserve the right to discontinue Services in relation to any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
For detailed information, please read our annexed documents - Shipping & Returns and Refund Policy.
Our Right to Cancel Orders
We reserve the right to cancel orders at our discretion and at any stage of the order fulfillment process. We will provide a reason and you will be notified of our actions via email within a reasonable period of time, but usually as soon as possible. We'll refund any money received from you to the method of payment originally used unless agreed otherwise (i.e. store credit). We will use this liberty with extreme caution and forethought.
We may cancel orders that we suspect were placed using incorrect information, misuse of store credit and promotion codes, and other forms of fraud. If that is the case with your order, a Customer Care representative may contact you first by email and give you a reasonable amount of time to respond to our concerns. Another reason for us to cancel your order is if a Vendor does not accept your offer, usually because it cannot be fulfilled due to unavailability. Other possible reasons would include pricing and inventory errors (we rely on the diligence of our Vendors to keep the store prices up to date). It does not happen often, but just in case, and for these kinds of cases, we don't take any responsibility for damages caused due to longer fulfillment times or inability to deliver items.
In case we need to cancel your order, the refund will be normally processed immediately but no later than 30 days from cancelation. The funds will be returned to the original payment method.
PRICES AND PAYMENTS
Pricing Error and Tax
The price payable for Services will be as quoted on our site, except in cases of obvious ‘doh!' error. If there's an obvious pricing error which could have reasonably been recognized by you as a mispricing then we have the right to cancel any Services 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. The 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).
European VAT Tax is included in the price, shown to the EU customers (applies to EU customers only).
Payment for all Services may be made by credit or debit card and Apple Pay. We may sometimes pre-authorise your credit card, debit card and/or other methods of payment when you buy a Membership but will only charge your credit or debit card up to 30 days before your Membership Renewal.
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 the sale.
Prices subject to change
Prices for the Services on the website are subject to change without notice. We reserve the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Accuracy of billing information
While we endeavor 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.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or offers if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Privacy and security
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
All pictures shown are for illustrative purposes only. Actual products may vary in, for example, edition or batch. For further information, see our Refund Policy.
CREDITS, GIFT CERTIFICATES AND INVITATIONS
There are a number of ways to gain credits. You can spend credits on all non-recurring transactions: Tasting Boxes, Bottles, 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 Flaviar Account.
Credits and promo codes are only valid if gained and used for the purpose as intended by us. Using them in another way can result in credit removal from your account or any existing offers, canceling an offer, or terminating the user Account. If any such action is taken on our part the customer is notified.
Any misuse of Flaviar's referral mechanism is strictly prohibited and can result in actions as described above, and reporting to the authorities.
Unredeemed Gift Vouchers do not expire.
Flaviar Referral Program
All participants in the Flaviar Referral Program – the “Referrer(s)” and the “Recipient(s)” of the referral are subject to our general Terms of Service, as well as the following conditions of this Referral Program:
A "Qualified Referral" is defined as the purchase of a new Flaviar Membership by a person (“Recipient”) who arrives at our website by clicking a referral link forwarded by a “Referrer”. You are limited to one Qualified Referral for each Referred Member. Each Member may only hold one Membership Account.
The Referred Member and the Referrer cannot be the same person, for example, by using a different email address. Only Flaviar Members may be Referrers.
For you to earn “Reward(s)” as a Referrer, and for the Recipient to receive their Reward, the Recipient must become a Flaviar Member and remain a Member for the duration of the Membership period covered by the initial Membership fee. If the Recipient’s Membership is canceled before the initial Membership period is over, we will charge them, or withhold from their refund, the Recipient’s Reward and the value of Membership benefits used during their stay in accordance with our Refund Policy. At our sole discretion, if there is evidence of fraudulent activities, we may decide to charge you (the Referrer) or withhold from your refund the Referrer’s Reward.
Rewards will be awarded to the Referrer soon after a Recipient becomes a Flaviar Member. Currently, there is no limit on Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
The Referral Reward counts as a product “Incentive” to join Flaviar (see our Refund Policy).
You must comply with all current “spam” laws. Your invitations must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or spam is not allowed and will be grounds for immediate termination of your Membership Account and exclusion from the Flaviar Referral Program.
We reserve the right to close the Account(s) of any Referrer and/or Referred Member and to request payment for Rewards received if the Referrer and/or Referred Member attempts to use the Flaviar Referral Program in a questionable manner or breaches these Terms of Service, or is in violation of any law, statute or governmental regulation.
Flaviar reserves the right to cancel the Referral Program or to change these Terms of Service at any time at its sole discretion. Any unclaimed referral Rewards will be forfeited at that time.
The Referral Reward, both for the Referrers and the referral Recipients, is subject to change over time dependent on stock availability, partnership deals etc. Contact us for an update on current Rewards.
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 non-commercial use on the following basis:
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 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 of Service, 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.
Your comments, feedback and other submissions
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services are at your sole risk. The Services and all products delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO CASE SHALL FLAVIAR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF FIDUCIARY OBLIGATION OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE AS LIMITED AS THE LAW PERMITS.
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:
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 of Service by us that would entitle you to terminate the contract between us, including but not limited to:
CODE OF CONDUCT
In addition to other prohibitions as set forth in the Terms, you agree that you will not:
A breach or violation of any of the Terms will result in an immediate termination of your account and our Services to you. Moreover, you may be liable to us for any damages resulting from your breach.
We may also take other action as we deem appropriate which may result in immediate, temporary or permanent withdrawal of your right to use our site, 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.
Right to monitor and remove
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any other Term set in these Terms of Service. Any unacceptable behavior described herein will not be tolerated. Play nice!
THIRD-PARTY LINKS AND OPTIONAL TOOLS
Certain content, products and services available via our Services may include materials from third-parties. 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.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
You agree to indemnify, defend and hold harmless Flaviar and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Governing law and headings
This agreement and any dispute arising out of it, including separate agreements whereby we provide you Services 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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire agreement, no waiver
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and by ceasing to use our Site and Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:
244 Fifth Avenue, Suite F247
New York, NY 10001, USA
These Terms and Conditions were last updated in May 2021.
Enough said. Let's have a drink. Cheers.