Terms and Conditions
The use of this glorious website and purchase of Flaviar Membership and other goods and services through this 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 favorite 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 Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this website.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.
Flaviar Membership will auto-renew at the end of the prepaid period and we will provide adequate notice to yourselves in digital form (email).
Flaviar's obligations under this agreement are to issue the Flaviar 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 21 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 into 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 Flaviar Membership until cancellation of the 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).
To cancel a contract, you must inform us in writing, by email or you do it yourself on our website (login to your profile). 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 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 recognized by you as a mispricing 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. 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).
Payment for all services and products may be made by credit or debit card and/or Paypal. We may sometimes pre-authorise your credit card, debit card and/or other methods of payment when you offer to buy a 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 the sale.
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 below.
There are a number of ways for our members 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 our company. Using them in another way can result in credit removal from your account or any existing orders, canceling an order, 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 expire in 12 months from the day of purchase.
Shipping & Returns
Our Refund Policy
For detailed information, read our annexed document on our 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 promo codes, and other forms of fraud. If that is the case with your order, a Customer Support 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 it cannot be fulfilled due to unavailability even 2 months after it was made. Other possible reasons would include pricing and inventory errors (we rely on the diligence of our fulfillment partners to keep the store 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.
Product pages of goods on sale are subject to change (i.e. prices, availability, and general product information such as edition or batch). We reserve the right to cancel an order whenever there is a discrepancy, in product description or price, between the website and the item available for fulfillment (see Refund Policy).
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.
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 and Conditions, 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.
* Referral rewards do not stack with other promotions we may be running at the time.
- 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 & Conditions, 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 & Conditions 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 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 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.
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 offense, 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 behavior (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 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.
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 it 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.