Terms & Conditions
OUR TERMS AND CONDITIONS
These terms and conditions (the "Agreement") apply to your purchase of products and/or services offered for sale by Beer Across America (the “Company”) on this website. When you place an order, you accept and agree to be bound by the terms and conditions of this Agreement. This Agreement shall apply unless you have a separate purchase agreement with the company, in which case the separate agreement shall govern.
This Agreement contains important information about your purchase and/or membership. Please read it carefully as pertains to your rights and obligations and contains certain limitations and exclusions that may apply to you. It also contains a dispute resolution clause that requires the use of arbitration to resolve all disputes instead of jury trials or class actions.
Monthly deliveries for all customers are scheduled to arrive the last week of every scheduled shipping month and you acknowledge that delivery dates are non-binding estimates only and that you have no claim against us for delays or early deliveries. Products are deemed accepted upon our delivery to your address or your designated recipient’s address. All deliveries are restricted to those 21 years of age or older.
The Company is not responsible for items delivered to incorrect or incomplete addresses supplied by the sender or recipient, delivery issues arising from an adult recipient not being present at the time of delivery at the address supplied by the sender or recipient, unsatisfactory product quality due to an incorrect delivery address supplied by the sender or recipient or a re-routing request by the sender or recipient, or product quality problems due to improper handling including product quality problems resulting from perishable items that are left unattended or unopened after delivery.
DAMAGES, CANCELLATIONS AND RETURNS
All claims for damaged, spoiled, or missing shipments must be made by the fifteenth day of the month following your scheduled delivery. Claims may be made by email to firstname.lastname@example.org or by calling 1-800-213-6353. For claims made by the fifteenth day of the month following your scheduled delivery, the Company will replace your damaged, spoiled or missing shipment with a shipment in a future month. We are unable to accommodate claims for damaged, spoiled or missing shipments received after the fifteenth day of the month following your scheduled delivery.
Memberships may be cancelled at any time by emailing the Company at email@example.com or by calling 1-800-213-6353. All cancellation requests must be received by the tenth day of the month. Cancellation requests received after the tenth day of the month shall apply to the following month. A membership sent to a third-party recipient is the property of that third-party recipient and all cancellation requests must be made by that third-party recipient. The Company cannot accept cancellation requests from the purchaser of a membership sent to a third-party recipient.
Due to the perishable nature of our products, we are unable to accept returns under any circumstances.
Payment terms are at the Company’s sole discretion and payment must be made at the time of purchase unless otherwise authorized in writing by the Company. All orders are subject to cancellation by the Company at the Company's sole discretion. The Company is not responsible for typographical or other errors and reserves the right to cancel orders resulting from such errors.
IF YOU REQUEST A DEFINED TERM MEMBERSHIP, YOUR ORDER WILL NEVER AUTOMATICALLY RENEW. IF YOU REQUEST ONGOING SHIPMENTS, YOUR CREDIT CARD WILL BE CHARGED FOR YOUR INITIAL SHIPMENT(S) AT THE TIME YOU PLACE YOUR ORDER. ONGOING ORDER(S) WILL THEN RENEW AUTOMATICALLY ON THE SCHEDULE YOU REQUESTED AND WE WILL CHARGE YOUR CREDIT CARD THE SAME AMOUNT ON APPROXIMATELY THE TENTH DAY OF EVERY SCHEDULED DELIVERY UNLESS YOU PAUSE OR CANCEL YOUR MEMBERSHIP. TO DO SO, SIMPLY CONTACT US PRIOR TO THE TENTH DAY OF ANY SHIPPING MONTH EITHER BY EMAIL AT SUPPORT@BEERAMERICA.COM OR BY PONE AT 1-800-13-6353. IF AT ANY TIME THE PRICE OF YOUR AUTOMATIC PAYMENT(S) CHANGES, WE WILL NOTIFY YOU BY EMAIL AND PROVIE YOU WITH INSTRUCTIONS ON CANCELING FUTURE SHIPMENTS BEFORE ANY CHANGE IN PRICE TAKES EFFECT.
LIMITATION OF LIABILITY
The Company denies all liability beyond the remedies in this Agreement. Except as expressly provided in this Agreement, the company will not be liable for any punitive, consequential, indirect, or special damages, even if advised of the possibility of such damages, or for any third party claims. You agree that for any liability related to the purchase of product, the Company is not liable or responsible for any amount of damages above the amount invoiced for the product purchased. Notwithstanding anything in this Agreement to the contrary, the remedies set forth herein shall apply even if such remedies fail their essential purpose.
Section headings used in this Agreement are for convenience and are not a part of these terms and conditions.
This Agreement may not be amended or supplemented unless agreed to in writing and signed by you and the Company.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and the Company, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the Company's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed.
The arbitration will be limited solely to the dispute or controversy between you and the Company. We each agree that any arbitration will be conducted only on an individual basis and not in a class, consolidated, private attorney general or representative action. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The Company will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. The Federal Arbitration Act, 9 U.S.C. sec. 1-16 governs the interpretation and enforcement of this agreement to binding arbitration. Information on AAA and its applicable rules are available at the following number and URL: American Arbitration Association, (800) 778-7879, www.adr.org.
This agreement and any sales there under shall be governed by the Federal Arbitration Act and the laws of the state of Texas, without regard to conflicts of laws rules.