TERMS & CONDITIONS
You must be 21 or older to purchase alcohol.
Under current laws, we are unable to ship to the following states:
Alabama, Arkansas, Kansas, Kentucky, Massachusetts, Maryland, Minnesota, Mississippi, New Hampshire, New York, Pennsylvania, Texas, Utah, and Washington.
As these products contain alcohol, we are required to ship with an Adult Signature Required sticker, which means you will not be able to take possession without showing your ID to the delivery driver. There will be a surcharge for this service from the shipping company and it will be passed on to the buyer. We advise buyers use their place of work as the shipping address if possible, to avoid missing deliveries. Buyers may also opt to pick up your package at a shipping facility near you.
If the recipient is found to be under the age of 21 by the shipping company, the order will be returned and no refund will be given.
In addition to the Adult Signature requirement, we are required to ship all beverages in approved shipping containers to insure they do not break. Upon checkout, the appropriate shipping package costs will be added to your total.
Any order that is refused or returned after three attempts to deliver shall be refunded for the amount of the product ONLY. The original shipping and packaging charges will not be refunded. In addition, the buyer will be responsible for any fee incurred to have the product returned to us.
We cannot ship to PO Boxes, APO/FPO addresses, Mail Boxes, or internationally.
We are not liable for damages to goods caused by weather conditions and/or "Acts of God" during transportation. "Acts of God" include catastrophes such as, but not limited to, plane crashes, unforeseeable delays or accidents, destruction due to domestic and international unrest (i.e. riots, war, public enemies) confiscation, quarantine, or natural disaster.
Price and availability are subject to change without notice. Once your payment is confirmed we will make every effort to ship your order within 3 business days. Some orders may take a little longer during peak seasons. If you place an order and an item is out of stock we will contact you and ask you if you would like a refund or if you would like to wait until we receive the product.
TERMS OF SERVICE
Welcome to our Web site (our “Web site” or “site”), owned and operated by Tonic Delivers, Inc., together with its subsidiaries and affiliates (which operate as an integrated business, generally doing business as “Tonic MRKT”). By using our Web site YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions) and all of these, as they may be amended from time to time, we may refer to collectively as your “Agreement” with us. The policies that apply in our retail stores may differ from those applicable to your use of our Web site and you should keep in mind these are separate and relate to different locations and platforms. We may refer to anyone using, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our Web site, as “you” or “your” in our Agreement and we may refer to Tonic Delivers, Inc. as “we”, “us”, “our” or "Tonic MRKT" (or, of course “Tonic Delivers, Inc.”).
ACCEPTANCE OF AND CHANGES TO TERMS OF SERVICE
By using our Web site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our Web site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Web site following the effective date contained in the notification or the posting of such changes on our Web site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement.
If you have questions or concerns about our specific terms, please send an e-mail to firstname.lastname@example.org.
You agree not to do any of the following while using the Tonic MRKT Web site or any of our sites:
Intentionally or knowingly violate any applicable law or regulation, agreement that you are bound by – including this Agreement – nor the rights of any other party;
Misrepresent or try to deceive us as to your identity or the identity of anyone else, use buying agents or conduct fraudulent activities;
Exceed authorized access, tamper with, or misuse any areas of the Tonic MRKT site or Tonic Delivers, Inc.'s computer systems, resources, programming, code or communications capabilities, nor any features or functions of our sites. Anyone who does so or attempts to do so may be subject to prosecution.
Frame or link to the Tonic MRKT Web site or any of our other sites, unless permitted in writing by Tonic Delivers, Inc.
THE SALE OF ALCOHOLIC BEVERAGES
We do not sell alcohol to persons under the age of 21 or anyone outside the United States. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from us is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and prosecute you fully to the extent allowable by law.
TITLE AND OWNERSHIP
Title to, and ownership of, all alcoholic beverages passes from us to the purchaser at the store, in the State the alcoholic beverage is purchased, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping from our store/warehouse to his/her home State. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us arrange the shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any others that apply to you regarding the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, beer. You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and once again represents that he/she is 21 years of age or older.
THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Web site by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these companies or their services.
Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
DISCLAIMER AS TO THIRD PARTY TRADEMARKS, IMAGES, AND COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Web site are in no way associated, linked or affiliated with Tonic Delivers, Inc. and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Web site are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Tonic Delivers, Inc.
Protection of Content Provided by Tonic Delivers, Inc.
The following are trademarks of Tonic Delivers, Inc.: “Tonic MRKT”, and all Tonic MRKT logos. Unless authorized in writing by an officer of Tonic Delivers, Inc., our trademarks may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tonic Delivers, Inc.. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use our trademarks or site content in any way for any public or commercial purpose without prior written consent of Tonic Delivers, Inc. or the rights holder.
DISCLAIMER OF WARRANTIES
Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of the our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the our site. OUR SITE AND THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Web site, this Agreement, the use or performance of our Web site, the delay or inability to use our Web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Web site, or otherwise arising out of the use of our Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion of our Web site, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Web site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
You agree to defend, indemnify, and hold Tonic Delivers, Inc., its affiliates, employees, officers, and agents (“Tonic Delivers, Inc. Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Tonic Delivers, Inc. Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Tonic Delivers, Inc. Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Tonic Delivers, Inc. Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Tonic Delivers, Inc. Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Tonic Delivers, Inc. Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Tonic Delivers, Inc. Company Party.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
ORDER ACCEPTANCE / CONFIRMATION
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Tonic MRKT Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
In the event that you cancel an order after it has been placed or if an order is refused or undeliverable, a credit will be issued back to the original payment source, less any shipping and handling charges and a 15% restocking fee.
We are committed to ensuring customer satisfaction with our products and services. Upon delivery of your order, you have 5 business days to report incorrect or defective products to Tonic MRKT. Please provide your order number and explain the reason for your dissatisfaction. If the product is defective (for example, an expired bottle of beer), you may return the merchandise for replacement.
As with any food product, taste is personal and an exchange cannot be made on the basis of taste. Beer is also an agricultural product, and as with any such product, variation from bottle to bottle or vintage to vintage cannot be the basis of an exchange.
We reserve the right to reject any order you place with us and/or or to limit quantities in any order, without giving any reason or for no reason, if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail and/or billing address you gave us when you placed the order.
ORDER LIMITATIONS / LIMITED QUANTITIES
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.
All orders placed on our site are subject to product availability and will be shipped according to our shipping policies. In the event your order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation e-mail. Please review our Shipping Information section for additional information on shipping times, rates and policies.
As mentioned above, all orders are subject to product availability and will be available for pickup at your local store (as designated in the order) according to our pickup policies. We will use the email address provided with the order to contact you when your order is ready for pickup. At pickup, the person who placed the order must be present and display valid State or government issued identification along with the credit card used as payment for the order. If after 5 days the order has not been picked up by the customer, we will attempt to notify you by contacting you with the information provided at the time the order was made. We reserve the right to cancel the order, return the products or other goods, and if we do that, to issue a credit to your credit card account (the one used to place the order) in the amount of the charge corresponding to the intended purchase. Individual bank policies will dictate when this amount is credited to your account. Please review our Shipping Information section for additional information on in-store pickup of orders and policies.
ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
MOBILE AND MOBILE APPS
Tonic MRKT may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as We have no control, and are not responsible for such charges.
TERMINATION OF USE
We may terminate your Tonic MRKT Account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination.
We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.