Terms of service
1. Introduction.
These website Standard Terms and Conditions (these “Terms” or these “website Standard Terms and Conditions”) contained herein on this webpage shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “website”). These Terms apply in full force and effect to your use of this website and by using this website, you expressly accept all terms and conditions contained herein in full. You must not use this website if you have any objection to any of these website Standard Terms and Conditions.
2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this website, under these Terms, Provenance Bourbon and/or its licensors own all rights to the intellectual property and material contained in this website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this website.
3. Restrictions.
You are expressly and emphatically restricted from all of the following:
• publishing any website material in any media;
• selling, sublicensing and/or otherwise commercializing any website material;
• publicly performing and/or showing any website material;
• using this website in any way that is, or may be, damaging to this website;
• using this website in any way that impacts user access to this website;
• using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website, or while using this website;
• using this website to engage in any advertising or marketing.
Certain areas of this website are restricted from access by you and Provenance Bourbon may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality of such information.
4. Your Content.
In these website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this website. With respect to Your Content, by displaying it, you grant Provenance Bourbon a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. Provenance Bourbon reserves the right to remove any of Your Content from this website at any time, and for any reason, without notice.
5. No warranties.
This website is provided “as is,” with all faults, and Provenance Bourbon makes no express or implied representations or warranties of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consult or advice to you.
6. Limitation of liability.
In no event shall Provenance Bourbon, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and Provenance Bourbon, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.
7. Indemnification.
You hereby indemnify to the fullest extent Provenance Bourbon from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms.
Provenance Bourbon is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this website.
10. Shipping and Delivery Terms
a. Licensed Third-Party Fulfillment
Provenance Bourbon partners with licensed third-party retailers and fulfillment providers, including but not limited to Georgetown Spirits, who are authorized under applicable state and federal laws to sell and ship alcoholic beverages. By placing an order on this website, you acknowledge and agree that:
• any order for alcoholic beverages is processed, accepted, and fulfilled by the 3rd party licensed retailer, not Provenance Bourbon;
• the licensed retailer is the seller of record for all alcoholic beverage transactions; and
• title to the product passes from the licensed retailer to you at the retailer’s licensed premises.
b. Role of Provenance Bourbon
Provenance Bourbon provides an online platform for marketing. Provenance Bourbon does not hold, transfer, or ship alcoholic beverages directly and does not make any representations or warranties regarding the legality of shipment to your state. Shipment availability is determined solely by the licensed retailer and applicable law.
c. Compliance With State & Local Laws
You are solely responsible for compliance with your State and local laws regarding the purchase, possession, and delivery of alcoholic beverages. By placing an order, you represent that:
• you are at least 21 years of age;
• you are legally permitted to purchase and receive alcoholic beverages;
• you have obtained any required permissions and paid any required fees; and
• you are working through properly licensed intermediaries where required.
All orders require an individual at least 21 years old to sign for delivery.
d. Carrier Appointment
By making a purchase on our Site, you request and authorize the licensed retailer (such as Georgetown Spirits) to arrange shipment through a common carrier on your behalf. Provenance Bourbon does not ship alcohol and does not control the carrier’s delivery policies or decisions.
e. Indemnification Related to Shipment
You agree to indemnify and hold harmless Provenance Bourbon, its agents, officers, directors, shareholders, and employees from any and all claims, demands, or liability arising out of the shipment of alcoholic beverages, including any claims that such shipment violates any federal, state, or local laws.
f. Shipping Issues
Provenance Bourbon and our licensed fulfillment partners are not responsible for lost, stolen, or damaged packages submitted with an incorrect address, subject to a package hold or change-of-address request, or after failed delivery attempts. Once delivery is verified to the correct address, shipping protection no longer applies.
If a package is returned due to continued failed delivery, your order will be refunded minus a twenty-five percent (25%) restocking fee from our fulfillment partner. Shipping costs will not be refunded. If a package is returned and is damaged, no refund will be issued. Please see our FAQ’s for order cancellation policies.
11. Image Representation.
The product images shown are for illustration purposes only and may not be an exact representation of the product received. All bottles are 750ml unless otherwise specified.
12. Taxation.
By completing purchases for delivery outside the District of Columbia, the customer agrees that they are solely responsible for filing and paying any and all sales and/or taxes applicable or due in their state of residency and/or in the final destination state.
13. Assignment.
Provenance Bourbon shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
14. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between Provenance Bourbon and you in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same.
15. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the District of Columbia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the District of Columbia for the resolution of any disputes.