Terms of Service

Terms of Service and Use THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF ALL SERVICES PROVIDED BY IOWALEGENDARYRYE.COM (Or “IOWA LEGENDARY RYE”). ALL SALES ARE SOLICTED, OFFERED, ACCEPTED AND DELIVERED BY ALCOHOLIC BEVERAGE LICENSEES. 1. You represent and warrant that: (i) you are 21 years old, (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (iii) the information you supply is true, correct and complete. 2.  You hereby acknowledge that you have a duty and are solely responsible for compliance with all state, federal and local laws, rules and regulations related to the sale of alcohol.  Anyone under the age of 21 is strictly forbidden to order, purchase or accept delivery of alcohol listed on the iowalegendaryrye.com website. You represent that you may lawfully purchase and receive all products ordered in compliance with all applicable laws in the jurisdiction in which you reside, and that such products will be used only in a lawful manner. 3.  ILR relies upon a network of licensed independent vendors, retailers, manufacturers and other licensed parties (collectively, “Vendors”) who sell the products and services offered through the Iowa Legendary Rye web site. You acknowledge and agree that Iowa Legendary Rye does not sell, offer to sell, invite to sell, ship or solicit any offers. IN ALL INSTANCES, 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 absolutely void where prohibited by law. 4. If you wish to purchase any product or service made available by a Vendor, you may be asked to supply certain information relevant to the purchase including, without limitation, your identification, your credit card information, your billing address, and your shipping information. By submitting such information, you grant to Iowa Legendary Rye and their Vendors the right to provide such information to third parties consistent with our privacy policy and Vendor privacy policies. 5. By placing an order, you represent that you authorize our Vendors to act on your behalf to engage a common carrier to deliver your order where you instruct it to be delivered. Sales by Vendors are made at the premises of the Vendor and title passes to you at the premises of the Vendor. 6. Iowa Legendary Rye AND LISTED VENDORS MAKE NO REPRESENTATION AS TO THE RIGHT OF ANY PERSON TO IMPORT ANY PRODUCT IN TO ANY STATE. SOME STATE REGULATIONS REQUIRE A BUSINESS ADDRESS FOR SHIPMENT AND IN THOSE STATES, YOU REPRESENT THAT THE ADDRESS YOU HAVE PROVIDED IS A BUSINESS ADDRESS. 7.  All packages are shipped and guaranteed for delivery with a Cask Cartel.com Limited Liability Insurance Policy.  The maximum aggregate liability coverage is $5000 per shipment. In the event any order is greater than $5000 please contact us for additional insurance options. Any packages that are refused or which cannot be delivered by common carriers will be returned to the Vendor at your expense. We will refund to you any product costs minus shipping costs. Due to state regulations, our Vendors are unable to accept the return of any product purchased by a customer in error. 8. Customer shall indemnify and hold Cask Cartel harmless from any and all claims, including legal fees incurred in defending against said claims, from third parties arising out of the transmission of the package/mail sent by customer via common carrier from the licensed vendor. ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE SERVICES AND PRODUCTS. 9.  Cask Cartel has affiliated with third-party entities that may provide services to you on our behalf. You acknowledge and agree that such affiliates are authorized to provide services to you. When you use this Site, you acknowledge your purchase of a service or product that is provided by an outside Vendor. Your use of these services and products may be subject to separate terms between you and the company concerned. If so, these Terms and Conditions do not affect your legal relationship with these other vendors. 10.  THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CASK CARTEL DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. CASK CARTEL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASK CARTEL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. 11. IN NO EVENT SHALL CASK CARTEL OR ANY OF ITS VENDORS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, THE PRODUCTS AND SERVICES ON THIS SITE OR UNDER ANY THEORY OF LIABILITY WHATSOEVER EVEN IF CASK CARTEL OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF: • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF CONTENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE CONTENT APPEARS ON THE SITE; • OUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE; • YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION; AND • ANY CHANGE MADE BY CASK CARTEL TO OUR SITE OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THE FOREGOING LIMITATIONS MAY NOT APPLY TO USERS IN THOSE JURISDICTIONS. 12. Cask Cartel shall be excused from performance of its obligations, in whole or in part, under this Agreement if the failure or inability to perform is caused by reason of Force Majeure, meaning acts of God, fire, flood, or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions, ore restrictions of an governmental authority, or causes not within the reasonable control of  Cask Cartel. 13. The Service and its original content, features and functionality are and will remain the exclusive property of Cask Cartel and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cask Cartel. 14. Our Service may contain links to third party web sites or services that are not owned or controlled by Cask Cartel. 15. Cask Cartel has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. 16. You acknowledge and agree that Cask Cartel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. 17. These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. 18. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of any such rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. 19. Despite our best efforts, a small number of the items on our Site may be mispriced or out of stock. If an item’s correct price is higher than the stated price, we will contact you for new instructions before shipping. If an item is found to be out of stock your order will be canceled and you will be notified accordingly. 20. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. Cancellation Return Policy The Cask Cartel Premium Spirits Marketplace is committed to using a preferred network of local licensed retailers to fulfil your order handing off to a third-party shipping/fulfilment company for processing. Every item on our marketplace is fulfilled through a climate controlled packaging facility. Processing time is normally within 1-4 business days not including weekends or holidays. Depending on an items inventory status it may require ordering from a distributer which can delay the fulfillment processing of your order. All SALES ARE FINAL. Once and order has been received/confirmed/paid there is a NO REFUND POLICY. Orders are distributed to local licensed retailers and once items have been ordered the fulfillment process begins and we cannot stop, change, or hold orders.  Only if a licensed retailer fails to fulfill and ship your order within 30-days does it qualify for refund. In the unusual event damaged items will also qualify for full replacement, credit or refund. If in the unusual event you do experience a problem with your order please contact us for replacement within 3-days of receipt of delivery. Please inspect and document with photographs to assist in a speedy replacement process. Additionally we may require the return of unopened/damaged bottles. We may offer a replacement, discount, refund, or an account credit to be used for a later store purchase. If for any reason an order that has been attempted delivered and then returned or declined by the buyer which includes orders that are a failed delivery attempt as result of adult signature not available or not claimed within the time allotted once the shipping carrier notifies you of the delivery a 35% restocking fee will apply along with the original shipping and return shipping charges. *PREORDERS* Due to the item being a preorder we cannot guarantee the exact time or date the product will arrive to be dispatched out to you. All preordered items come directly from the distillery to a distribution warehouse then finally to the local licensed retailer who fulfills your order. PREORDERS are NOT subject to the 30-day fail to fulfil or ship policy. Producers and Brands may update their bottle design, packaging and artwork at any time.  For this reason you may receive a product labeling or packaging that is different than pictured.  We recommend if this occurs to visit the producer or brands website for the most current up to date packing and labeling.  For these instances products will not be eligible for return or replacement. Credit Card disputes and bank fraud are taken very seriously at Cask Cartel and will be prosecuted/investigated to the fullest extent of the law enforcement.  We have in-house retired investigators that work vigorously in all efforts to prosecute offenders.  Each visitor’s i.p. address, device information, mac address and other information is securely stored along with geographical location. A full screen video capture recording and playback of the entire purchase session is stored on our servers used for fraud prosecution.   This allows us to playback the entire session just as a person visually originally view the site on their device showing all page and mouse movements to law enforcement.  In some instances we will dispatch local authorities to the delivery address for further investigation.  “Friendly Fraud” such as chargebacks for delivered orders or orders that meet our terms of conditions and CANCELLATION/NO REFUND POLICY may be imposed legal fees by which will be automatically turned over to a collections service company.  All orders placed thru the Cask Cartel Marketplace are bound by this policy and will be provided as defense to any chargeback or inquiry. We value and appreciate all of the consumers that have used our Premium Spirits Marketplace. Thank you for the opportunity to provide you this service! We’re Glad you’re here! If you have any questions about these Terms, please contact us at hello@caskcartel.com or lisa@iowalegendaryrye.com Please drink responsibly!