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Welcome to Pina Wine & Spirits, owned and operated by Pina Wine & Spirits LLC.
These terms and conditions outline rules and regulations for the use of Pina Wine & Spirits's Website, located at https://shop.pinawineandspirits.com By accessing this website we assume you accept these terms and conditions. Do not continue to use Pina Wine & Spirits if you do not agree to the terms and conditions stated on this page.
Pina Wine & Spirits does not sell, offer to sell or solicit sales of alcohol or other products. Pina Wine & Spirits provides a search tool for alcohol and other products available for sale by licensed alcohol retailers (“Licensed Retailers”, “Retailers” or “third party retailers”) that use Pina Wine & Spirits’s e-commerce services. Pina Wine & Spirits may not be used to and is not intented to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any retailer of alcohol beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. Pina Wine & Spirits shows you product availability, price and other information based on information provided to Pina Wine & Spirits by third party retailers and based on your location and/or information you provide. Pina Wine & Spirits may not provide search results and/or services in all areas.
We employ the use of cookies. We use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website the subsequent times. Some of our affiliate/advertising partners may also use cookies.
The prices published on our website are suggested retail prices based on pricing information provided to us by Licensed Retailers and may not always reflect the prevailing pricing. The Licensed Retailers reserve the right to determine final prices of all their products. The Licensed Retailers and/or a delivery service employed by the Licensed Retailers may charge you additional fees. Your order, including delivery fees, may be subject to tax.
Pina Wine & Spirits may advertise promotions, discounts, deals, or the like (collectively “promotions”). Individual third party retailers have the right to participate or not participate in such promotions. You understand and agree that the price listed at purchase includes or does not include any promotion depending on the third party retailer’s participation in any promotion. You understand and agree that the price listed and paid by you is the final and agreed upon price between you and the third party retailer (subject to any additional taxes, delivery fees, restocking fees, or the like).
When you place an order through Pina Wine & Spirits, the order is an offer to purchase from a third party retailer. The third party retailer may accept or decline your offer on any basis. The total purchase amount may be authorized by your payment card company, but your offer is not accepted by the third party retailer at that time. The third party retailer reviews your order and decides whether to accept it. If the third party retailer accepts the order, the third party retailer will charge your payment card for the purchase amount and arrange for delivery, pick-up, or shipment. Pina Wine & Spirits may facilitate payment to the retailer by providing e-commerce services which may include operating in part as a payment processor.
Pina Wine & Spirits does not guarantee shipping, pickup, or delivery times and is not liable for the actions, products, or content of third party retailers.
Incase, your order for pickup has been accepted by the licensed store or retailer, upon your successful order placement, the store will then proceed with your order to keep it ready for pick up. The individual who will pick up the order will be required to pay the billing amount at the store and present their Govt. issued ID cards without fail as a part of age verification process. The individual must be at least 21 years of age. If the individual fails to present the ID, the store reserves the right to deny them the order. It is solely the responsibility of each licensed store or retailer, and its employees and agents to verify such proof of identification.
Incase, your order for delivery has been accepted by the licensed store or retailer, the store will proceed with your order and have it delivered. It is the responsibility of the Retailer and any delivery providers they use to verify your identity and age and to determine whether it is safe and appropriate to furnish you with alcohol. You agree to provide photo identification and/or a signed acknowledgement confirming your age and/or delivery to the deliverer. If the deliverer cannot verify your age or identity, you appear intoxicated, if the situation appears otherwise unsafe or inappropriate, or for any other suitable reason, the deliverer may refuse delivery.
Alcohol cannot be left unattended and must be delivered to a person of 21 years of age or older. The purchaser must also be 21 years of age or older.
Retailers may implement their own delivery policies. For example, Retailers may limit where they deliver, to whom theyh deliver, and what products they deliver.
You agree that you are 21 years of age and that you may not provide Pina Wine & Spirits and/or a licensed store or retailer information, or use the services to purchase or pick-up or send a delivery or ship to, any individual under 21 years of age.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Pina Wine & Spirits does not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of Pina Wine & Spirits, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Pina Wine & Spirits shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.
Pina Wine & Spirits reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.
The following organizations may link to our Website without prior written approval:
We may consider and approve other link requests from the following types of organizations:
These organizations may link to our home page so long as the link: (a) is not in any way deceptive, (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services, and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to Pina Wine & Spirits. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to Pina Wine & Spirits. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
Please read Privacy Policy
We may collect your e-mail address, telephone number, or other contact information as part of your reservation or order. You agree that we may contact you with promotions or other information related to our services. You may opt out of such communications.
We reserve the right to request that you remove all links or any particular link from our Website. You approve to immediately remove all links from our website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website.
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND EVERYTHING RELATED TO IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Pina Wine & Spirits MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND,SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Pina Wine & Spirits OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Pina Wine & Spirits IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. Pina Wine & Spirits IS NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY RETAILER, TRANSPORTATION PROVIDER, ADVERTISER, OR OTHER USER OF THE SERVICE. NEITHER Pina Wine & Spirits NOR ANY RETAILER IS LIABLE FOR ANY DAMAGES CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD,” SUCH AS UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.
Pina Wine & Spirits IS NOT LIABLE FOR THE ACTIONS OF THIRD PARTY RETAILERS AND IS NOT LIABLE FOR THE ACTIONS OF ANY DELIVERER OR DELIVERY SERVICE. THIRD PARTY RETAILERS AND DELIVERERS AND DELIVERY SERVICES DO NOT OPERATE AT THE DISCRETION OF OR UNDER THE CONTROL OF Pina Wine & Spirits. Pina Wine & Spirits IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR TRANSACTIONS WITH THIRD PARTY RETAILERS OR DELIVERERS OR DELIVERY SERVICES INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act ("FAA") and federal arbitration law apply to these Terms. If you do not want to arbitrate disputes with Pina Wine & Spirits and you are an individual, you may opt out of this arbitration agreement by providing written notice to Pina Wine & Spirits within 30 days of the day you first access or use the Services.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you intend to seek arbitration you must first send written notice to Pina Wine & Spirits Customer Service Center of your intent to arbitrate ("Notice"). The Notice to Pina Wine & Spirits should be sent by any of the following means: (i) electronic mail to [email protected] or (ii) U.S. Postal Service certified mail to Pina Wine & Spirits LLC, 2 Cityplace Dr, Saint Louis, MO 63141, USA . The Notice must: (x) describe the nature and basis of the claim or dispute; (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Pina Wine & Spirits may commence an arbitration proceeding.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association ("AAA") under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA's rules are available at ADR.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Pina Wine & Spirits for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Pina Wine & Spirits will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, based solely on written submissions or in person in the State of Missouri or at a mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. No claim or action arising from or concerning the Services or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
WE EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and we each agree to the exclusive jurisdiction and the exercise of personal jurisdiction of the state or federal court located in the State of Missouri for the purpose of litigating all claims or disputes, and waive any objection as to inconvenient forum. We also both agree that Pina Wine & Spirits may bring suit in court for injunctive relief to enjoin infringement or other misuse of intellectual property rights.
These Terms may not be modified by you except by a writing executed by the duly- authorized representatives of Pina Wine & Spirits. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted under these Terms may be assigned by Pina Wine & Spirits but may not be assigned by you without the prior express written consent of Pina Wine & Spirits. If any provision of these Terms is or becomes, at any time or for any reason, unenforceable or invalid, no other provision of these Terms will be affected and the remaining provisions will continue to be enforceable and valid according to the terms of such provisions. It is expressly understood that in the event either party fails to perform any term of these Terms and the other party does not enforce that term, the failure to enforce not constitute a waiver of any term. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. No joint venture, partnership, employment, or agency relationship exists between Pina Wine & Spirits and you or any third party as a result of these Terms or your use of the Services. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. You and Pina Wine & Spirits agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The headings and captions contained in these Terms will not be considered to be part of these Terms but are for convenience only.
