Terms of Service

Updated: 10.27.2020

Please read this Agreement carefully before accessing or using the Site because it constitutes a legally binding agreement between you and Subtle Spirits. By accessing this web site at www.subtlespirits.com (“Site”), provided by Subtle Spirit Co. INC, (“Subtle Spirits”, "Company", "we" and "our"), you acknowledge that you have read, understood and agreed to be bound by these Terms of Service ("Terms of Service", or “Terms”). When you make a purchase on this Site by clicking on CLAIM YOUR BOTTLE, you are agreeing to the details listed in our terms and conditions found on this page, and you are automatically accepting and agreeing to the most-recent version of this Agreement. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with and/or using the Site.

SITE AGE LIMITATION
This Site is for the personal use of U.S. residents who are lawfully permitted to consume alcoholic beverages. The Site is available to registered users who are 21 years and older. By browsing the public areas of the Site or by accessing and using the Company’s platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”).

DESCRIPTION AND USE
All alcohol marketed on the Site is sold by a licensed retail liquor store that we connect you with (“Retail Licensee”). When you select CLAIM YOUR BOTTLE on this Site, you are agreeing to a sale placed with our Retail Licensee for distilled spirits. Subtle Spirits does not sell any alcoholic beverages or take title to any alcoholic beverages at any time. You understand and acknowledge that Subtle Spirits does not accept your order of alcoholic beverage products, and the order will only be delivered if the Retail Licensee accepts your order.

WHAT WE SELL AND WHAT WE DON’T SELL
ANY ALCOHOL SOLD THROUGH THE SITE IS BEING SOLD TO YOU FROM A THIRD PARTY LIQUOR MERCHANT. SUBTLE SPIRITS DOES NOT SELL ALCOHOLIC BEVERAGES. SUBTLE SPIRITS ONLY PROCURES, MARKETS AND PROCESSES ORDERS FOR ALCOHOLIC BEVERAGES. YOU ACKNOWLEDGE THAT ANY ALCOHOLIC BEVERAGES PURCHASED THROUGH THE SITE ARES BEING PURCHASED BY YOU FROM THE THIRD PARTY LIQUOR MERCHANT AND ARE NOT BEING PURCHASED FROM SUBTLE SPIRITS.

FULFILLMENT AND PAYMENT TERMS
Packages can be purchased for local San Francisco pickup at the licensed retailer or shipped (where applicable) at an additional cost from the licensed retailer. Each package is delivered to the customer-designated location. Expected delivery of the product is included on the Site or the licensed retailer’s site or order confirmation.

SHIPPING POLICIES
The shipping policies are controlled by the licensed retailer. The policies will include the fees, timing and states where alcoholic beverages can be shipped in compliance with applicable laws and regulations. All shipments containing alcohol require an adult signature by someone 21 years or older. Packages must be signed for and will not be left at the delivery address without presenting a valid I.D. stating you are over 21 years of age. This means that you will have to be present at the time of delivery.

The alcoholic beverages cannot be shipped to P.O. Boxes.

ORDERING AND DELIVERY
When you click on CLAIM YOUR BOTTLE, you agree to pay for and receive shipments of alcohol from the Retail Licensee. All transactions are final. Refunds are handled on a case by case basis and subject to a 25% restocking fee. If you are not home when a delivery arrives, the delivery service will leave the package with an adult over 21 years of age with proper identification who is willing to accept the package on your behalf.

If no recipient over 21 years of age with proper identification is available to accept the package on your behalf, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case the standard redelivery fee shall apply).

TERMINATION
This Agreement constitutes a binding agreement between you and Subtle Spirits until terminated by you or Subtle Spirits, which Subtle Spirits may do at any time, without notice, in Subtle Spirits' sole discretion. If you become dissatisfied with the Site, in any way, your sole recourse is to immediately discontinue use of the Site. In the event of termination, the provisions which by its terms reasonably should survive expiration or earlier termination of this Agreement, shall so survive. Subtle Spirits shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service or cancellation of any order. We may change the Site and service or delete features at any time and for any reason.

DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUBTLE SPIRITS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SUBTLE SPIRITS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOST PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUBTLE SPIRITS’ TOTAL LIABILITY TO YOU ARISING FROM OR RELATING TO THE PRODUCTS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID, IF ANY, BY YOU TO LICENSED RETAILER FOR THE PRODUCTS.

GENERAL
The Terms of Service, together with the Privacy Policy and other terms incorporated by reference, constitutes the entire agreement between you and Subtle Spirits and governs your use of the Site, superseding any prior agreements between you and the Company with respect to the Site and the products. The Terms of Service and the relationship between you and Subtle Spirits shall be governed by the laws of the State of California without regard to their conflict of law provisions. You and Subtle Spirits agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the federal and state courts serving the County of San Francisco, California for all disputes arising out of or relating to these Terms of Service or the Privacy Policy. The failure of Subtle Spirits to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

CONTACT
If you have any questions about the Terms of Service, the Privacy Policy, or your experience on the Site, please contact us.