Effective February 6, 2023
THIS TERMS & CONDITIONS (AGREEMENT OR TERMS OF USE) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” OR “YOUR”) AND PALM BEACH WINE AND SPRITS LLC D/B/A HAMPTONS PALM BEACH, A FLORIDA LIMITED LIABILITY COMPANY (HEREINAFTER “HAMPTONS PALM BEACH”, “HAMPTONS” “COMPANY”, “WE” OR “US”) THAT SETS FORTH THE LEGAL TERMS & CONDITIONS FOR YOUR USE OF WWW.HAMPTONSPALMBEACH.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY COMPANY (THE WEBSITE), AND FOR YOUR PURCHASE OF ANY COMPANY PRODUCTS OR SERVICES UNDER THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE AND PLACING AN ORDER REPRESENTS YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
Some of our products and services may have additional rules, policies, and procedures (“Additional Terms”). Where Additional Terms apply to a product or service, we will make them available for you to read through your use of that product or service. By using that product or service, you agree to any Additional Terms.
THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REVISE THESE TERMS AND CONDITIONS OF USE AT ANY TIME BY UPDATING THIS AGREEMENT ON THE WEBSITE. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THIS WEBSITE. THOSE CHANGES WILL GO INTO EFFECT ON THE REVISION DATE SHOWN IN THE REVISED AGREEMENT. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES AND THAT THEY APPLY TO YOU. THESE TERMS AND CONDITIONS OF USE APPLY TO EVERY WEBSITE MAINTAINED BY THE COMPANY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE. IF YOU BREACH ANY OF THESE TERMS AND CONDITIONS OF USE YOUR RIGHT TO USE THIS WEBSITE WILL TERMINATE AUTOMATICALLY.
Hamptonspalmbeach.com is the online home of Hamptons Palm Beach and does business in the state of Florida where it is licensed to sell and deliver alcoholic beverages under Florida law. If you access this Website from locations outside of Florida, you are responsible for compliance with the local laws of the jurisdiction in which you are located.
The Company has strict customer information confidentiality policies as set forth in its online Privacy Policy. You agree to be bound by the Company's Privacy Policy. Consistent with these policies, you may not collect, distribute or gather personal or aggregate information, including Internet or email addresses, about other customers or users of the website.
1. THE SALE OF ALCOHOLIC BEVERAGES
The Company does not sell alcohol to persons under the age of 21. By using this site you are representing that you are over the age of 21. The Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are representing that the person receiving a shipment of alcoholic beverages from the Company is over the age of 21. You also agree that any alcohol purchased from the Company is intended for personal consumption and not for resale.
2. USE OF WEBSITE
The Company maintains this Website and its contents for your personal information, entertainment and education. You agree to (a) provide Hamptons Palm Beach with complete and current registration information when you first register for this Website and (b) keep such registration information updated and current. Persons under 21 are prohibited from providing personal information on our Website. Those who choose to access the Website from locations other than where we do business do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please feel free to browse the Website. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this website for public or commercial purposes, without the Company's prior written permission. You may not alter or interfere with the content or functioning of the Website, or "mirror" any content contained on this Website on any other server without the express consent of Hamptons Palm Beach. The materials on this Website are the intellectual property of Hamptons Palm Beach and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of the terms of conditions of use, your right to use this Website will terminate automatically.
You are responsible for your use of the Website, and for any use of the Website made using your account. Our goal is to create a positive, rewarding, and safe experience in connection with our Website. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Website, you may not:
- Intentionally or unintentionally violate any law or regulation;
- Violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- Post, share, send, or otherwise use the website to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable (such as sending unsolicited or unauthorized advertising or commercial communications);
- Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- Use automated methods to use the Website nor use any means to scrape or crawl any Web pages or content contained in the Website (although the Company may allow, at it’s sole discretion, operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, and the Company reserves the right to revoke these exceptions either generally or in specific cases); Company may also, at it’s sole discretion, allow access, including to scrape or crawl to third parties with whom it has a contractual relationship or otherwise deems necessary;
- Attempt to circumvent any technological measure implemented by the Company or any of the Company's providers or any other third party (including another user) to protect the Website;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; or
- Advocate, encourage, or assist any third party in doing any of the foregoing.
You agree not to interfere or take action that results in interference with or disruption of the Website or servers or networks connected to the Website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Website.
3. RECEIVING MERCHANDISE AND PASSAGE OF TITLE
Laws regarding the sale and transportation of alcoholic beverages are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. By using this website you agree to the following:
(A) Upon completion of a sale, title to and ownership of goods, including alcoholic beverages passes from the Company to you in the state of Florida, the state in which the sale occurs, and you take all responsibility for the product being transported from Florida, the state of sale, to your selected destination. You may pick up the product at the Company’s location, arrange for local in state delivery, have it shipped within the state of Florida or make independent delivery arrangements. Florida sales tax will be applied in all cases. The Company makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. You warrant that you are solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to your chosen destination.
(B) By placing an order, you authorize the Company to act on your behalf as your agent in arranging for transportation of the product at your sole direction. Alternatively, you may pick up the product at the Company’s location or make independent shipping arrangements.
(C) We make no representations about the legality of shipping alcoholic beverages. You are responsible for compliance with all laws regarding such shipments. By arranging for transportation of the alcoholic beverages, Hamptons is providing a service to, and acting as your agent at your sole direction. By utilizing this service from Hamptons you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age.
4. RECEIVING PRODUCT FROM HAMPTONSPALMBEACH.COM
There are multiple ways to get your product from Hamptonspalmbeach.com:
- You can pick up your products or arrange for local in state delivery; or,
- You can ship your products to yourself or another recipient via common carrier. Any recipient of alcoholic beverages must provide proof of age (over 21 years of age)
All orders are shipped out Monday through Friday. Orders are generally shipped the following business day. We reserve the right to hold shipments if we believe weather conditions (extreme heat or freezing cold) may impact the quality of our product.
Identification and / or a chip enabled credit card is required for pickup, shipping, and delivery.
5. DISCLAIMERS OF WARRANTIES
THE MATERIAL CONTAINED IN THIS WEBSITE HAS BEEN CHECKED FOR ACCURACY; HOWEVER, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF ANY INFORMATION CONTAINED ON THIS WEBSITE. INFORMATION PUBLISHED ON THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR STATE OR COUNTRY. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
6. LIMITATION OF LIABILITY; INDEMNIFICATION
NEITHER THE COMPANY NOR ANY THIRD PARTY INVOLVED IN CREATING OR DELIVERING THE WEBSITE WILL BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY CHANGE INFORMATION CONTAINED ON THE WEBSITE AT ANY TIME. ALL USERS OF THE MATERIAL AGREE THAT ACCESS TO AND USE OF THE MATERIAL IS SUBJECT TO THE TERMS AND CONDITIONS STATED IN THIS LEGAL NOTICE, AS WELL AS ALL APPLICABLE LAWS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, YOUR REMEDY IS TO DISCONTINUE USING THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE, ANY SALE CONDUCTED HEREUNDER, OR INFORMATION REGARDING COMPANY PRODUCTS, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THIS SERVICE BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF NEGLIGENCE, LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
7. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
The contents of this Website, such as trademarks, designs, text, logos, and icons, or other intellectual property are owned by and proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without the Company's written permission. You are authorized to use this material only for personal, noncommercial purposes.
8. LINKS
As a convenience to you, our Website may display links to other sites which are not maintained by the Company. The Company is not responsible or liable for the content or operation of thirdparty sites, and the presence of such links does not imply that the Company is affiliated with such sites or third parties. We try to include only links to those sites which are in good taste and safe for our visitors.
9. GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida without regard to any conflict of laws principles.
10. ARBITRATION AGREEMENT
THIS SECTION LIMITS CERTAIN RIGHTS THAT YOU AND WE MIGHT HAVE, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
- You and Hamptons agree that they will resolve any and all disputes through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Hamptons relating to the Service or this Agreement (each a "Claim") shall be submitted for binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate in this Section 10. Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 18003525267. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- This Arbitration Provision shall survive termination of your relationship with Hamptons.
- If you do not want to be bound to this Arbitration Agreement, you must opt out of it within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms of Use containing the Arbitration Agreement). To opt out of this Arbitration Agreement, you must send a letter or postcard to Hamptons headquarters, to the attention of the “Legal Department” and state that you do not want to be bound by this Arbitration Provision. Hamptons’s address for purposes of this section is 257 Royal Poinciana Way Palm Beach, FL 33480.
11. WAIVER
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
12. UNENFORCEABILITY
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into this Agreement on the part of any party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
13. AUTHORITY
The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
14. NOTICES
You may contact us by writing us at the address listed below:
- Hamptons Palm Beach
257 Royal Poinciana Way
Palm Beach, Florida 33480
PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
