Terms and conditions

Tippsy Terms & Conditions

Last updated October 15, 2018

The following terms and conditions (“Terms”) constitute a binding agreement between you and Tippsy, Inc., its affiliates, and its and their parent and subsidiary companies (collectively, “Tippsy” “we,” or “us”) with respect to your use of this website and any other Tippsy owned websites, micro-sites, and social media pages and accounts (collectively, “Tippsy Sites”), all Tippsy-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Tippsy Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Tippsy Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Tippsy Services, specific areas of certain Tippsy Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Tippsy Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Tippsy Sites or Applications will be controlling with respect to those particular areas. Tippsy reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Tippsy Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Tippsy Sites, Applications or any other website in regards to Tippsy, or while contacting any of our Member Services team, will not be tolerated.

The Sale of Alcoholic Beverages 

By using this site you swear and affirm that you are over the age of 21. Tippsysake.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. You must be 21 years of age or older to purchase from Tippsy Sites. The purchase of alcohol by persons under the age of 21 is strictly prohibited by law. By placing an order on Tippsy Sites, you are expressly warranting that you are at least 21 years of age, and that the person who will receive the order is also at least 21 years of age. A valid government-issued ID will be required upon delivery. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Tippsysake.com will prosecute you fully to the extent allowable by law. 

Any items purchased from Tippsy Sites will be delivered with an "Adult Signature Required" designation, and the third party carrier that delivers the items must verify identification upon delivery. Please note you, or someone at least 21 years or older, must be present at the time of delivery. Please consider arranging for delivery to a business location to avoid undue delay.

Tippsy repackages products in order to facilitate shipping. As a result, products original packaging may not be included in your Tippsy order.

Tippsy Membership

You may become a Tippsy member by providing the requested registration information and submitting it to Tippsy through the Tippsy Sites or Applications. By becoming a member and placing an order, you agree to receive a shipment of at least threebottles of sake from Tippsy once a month until you cancel your membership. Taxes may apply based on the shipping address. By becoming a member and providing your membership and credit card information, you authorize Tippsy to charge your credit card (including shipping and any applicable tax) for each monthly Tippsy Membership wine shipment. You may also select three, six and twelve month pre-payment options. Please notify us at least 3 days prior to any shipment to update your account information, payment method, change your address, skip a shipment, or to cancel your membership.

Membership Termination. You may cancel your Tippsy Membership at any time by e-mailing Member Services at order@tippsysake.com. Tippsy may terminate your membership and refuse any and all current or future use of your Tippsy Membership or Tippsy Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Tippsy determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Tippsy determines, in its sole discretion, that you are using your Tippsy Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Tippsy deems appropriate in its sole discretion.

If you register to become a Tippsy member, you agree to complete the initial registration process according to the requirements stated on the applicable Tippsy Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Tippsy Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Tippsy that your use of a payment card in connection with any purchase you make on or through Tippsy Services is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the Services. For your protection, you must keep your user name and password secret. You must immediately notify Tippsy if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.

You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.

The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Tippsy to charge such amount to your payment card at that time.

Returns and Cancellations:

Defective merchandise can be exchanged within 30 days of receipt of order. Any return will be done at the expense of the customer. Orders refused, canceled, or otherwise requested as a return after the order is sent to a third party carrier for delivery will incur a restocking fee of $20 USD. Fees assessed for payment to the third party carrier are non-refundable. While we work with our wholesale partners to ensure you are purchasing sake that is of the finest quality, sake purchased that is older than 1 year cannot be guaranteed in any way.

Privacy Policy:

Your use of the Tippsy Sites, Applications and Services is subject to our Privacy Notice located at Tippsysake.com/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Tippsy.

Security Policy:

Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.

Title of Ownership:

For all items purchased from Tippsy Sites, title is passed to the purchaser in the state of California. By placing an order with Tippsy Sites, you expressly agree to assume title to the merchandise in the state of California, immediately upon tendering full payment. All items must be paid for in full prior to arrangements for delivery. Tippsy’s performance obligation under the purchase agreement for the sale of sake is complete upon tender of the merchandise to a third party carrier for transportation and delivery.

Shipping Regulations:

Within the United States, many states have laws regulating the shipment of alcohol into their jurisdiction and may limit the amount of alcohol that can enter the state without permits or licenses. By placing an order with Tippsy, you are expressly representing and warranting that you have reviewed any pertinent local and state laws before purchasing alcohol on this website and that your purchase complies with all applicable local, state, and federal laws and regulations. Tippsy makes no representation to the legality of shipping to any state outside of California and does not assume any responsibility for obtaining any necessary licenses or permits. If you have questions regarding any applicable permits held by Tippsy, please contact us.

Tippsy does not, itself, provide shipping services. If you wish to have your purchase shipped, Tippsy will contact a third party common carrier to ship on your behalf. Unfortunately, common carriers will not deliver alcohol to all states. We apologize for any inconvenience this may cause.

By arranging for transportation of alcoholic beverages by a third party carrier, Tippsy is providing a service to, and acting on behalf of, you, as the purchaser and title holder of the products purchased. By asking Tippsy to arrange for transportation and delivery on your behalf, you expressly represent and warrant that you are acting in compliance with applicable local, state, and federal laws regarding the purchase, transportation, and delivery of alcoholic beverages. You further represent and warrant that you have obtained any required permission, paid any required fees, are working through properly licensed intermediates where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take the quantities ordered, will comply with any applicable tax laws, and that you and the person accepting delivery of the alcoholic beverages are at least 21 years of age.

All shipping costs, including insurance, assessed by the third party carrier are to be paid by you, the purchaser. An insurance fee may be placed on transportation arrangements for rare or expensive items. Tippsy provides transportation coordination as a complimentary service and does not profit from any delivery arrangements we make for you. Tippsy makes no warranties or guarantees regarding the transportation or delivery by the third party common carrier.

If one or more items are not available for shipment, we will notify you to offer substitutions or make other arrangements.

We are unable to ship to P.O. mailboxes or to the following states: Alaska, Arkansas, Hawaii, Kentucky, Mississippi, and Utah. Void where prohibited, only available in US.

Weather Conditions:

Tippsy suggests that you refrain from requesting shipment during extremely hot or cold weather. Tippsy does not guarantee that third party carriers have temperature-controlled warehouses. If you must request shipping during extreme weather conditions, we encourage you to place your order at the beginning of the week using a speedier service than ground to avoid weekend layovers in a carrier's warehouse. Tippsy reserves the right to delay releasing your merchandise to the third party carrier for shipment in order to ensure that the product you receive is of the highest quality possible.

Estimated Shipping Times:

Estimated shipping times do not include weekends or holidays. Most orders leave our store within 1-4 business days. Tippsy does not guarantee any estimated shipping time. For more precise information, please contact the third party carrier who is contracted to deliver your merchandise. Processing time is not included in these delivery times.

Overnight, 2nd Day, & 3 Day Air services are available at an additional cost, as assessed by the third party carrier.  If special delivery dates or immediate shipment is required, please contact us.

Most orders are delivered within 14 business days of purchase, depending on the destination.

Tippsy Product Review Guidelines:

We invite customer participation and product feedback through our review program. We appreciate your engagement but must limit the scope of the reviews to your personal evaluation of the selected sake. Tippsy reserves the right to remove any reviews that contain obscene, profane or spiteful comments. As well, reviews should remain on the topic of the product itself, not your experience with the service or comments about our listings. Reviews not following these guidelines will be removed. Please use our contact form to provide feedback about any other aspect of your experience with Tippsy.

Links 

The Tippsy Sites may contain links to other web sites or resources.  These links are provided for your convenience only. You acknowledge and agree that Tippsy is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, products or services on or available from such web sites or resources. Tippsy has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites and the inclusion of any link on the Tippsy Sites does not imply that Tippsy endorses the linked site.  If you decide to access a third-party website linked from the Tippsy Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

GIFT CERTIFICATES

Gift certificates must be redeemed through the Tippsy website (www.tippsysake.com) toward the purchase of products listed in Tippsy’s online catalog. Gift Cards and their use are subject to these Terms. In order to purchase a Gift Card, you will need to provide certain information, including but not limited to, recipient email address, recipient name, and a valid credit card number. Gift certificates cannot be used to purchase gift certificates or gift cards, such as Tippsy Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. Gift Cards do not have an expiration date. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. 

Tippsy's gift certificates are issued and sold by TS Pacific, LLC. a California corporation. By visiting Tippsy Sites, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these gift certificate terms and conditions. 

 Promo and Coupon Code Terms

Tippsy promotions cannot be combined with other offers, including shipping discounts and may not apply to all bottles. Tippsy promotions cannot be applied retroactively. Promotional shipping cannot be used in AL, AK, HI, MS, or UT and only applies to FedEx Ground shipping.

Promo and Vouchers from Third-Party Sites

Occasionally coupons and promos we run are shared on third-party coupon and user submitted deals sites. Many of these coupon codes become expired and are not updated to reflect that on these third-party websites. We do not have any control over the posting of coupons and the content of any of these websites, as such we cannot honor coupon codes or promotions that have become expired.

Risk of Loss

All items purchased from Tippsy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, Tippsy (in its sole discretion) may issue a replacement for the balance shown in its records. Tippsy is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.

Disclaimer of Warranties

THE TIPPSY  SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE TIPPSY SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND TIPPSY HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER TIPPSY NOR ANY PERSON ASSOCIATED WITH TIPPSY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TIPPSY SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER TIPPSY NOR ANYONE ASSOCIATED WITH TIPPSY REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE TIPPSY SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL TIPPSY, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE TIPPSY SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND TIPPSY’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.

 Copyright

All content included on or made available through any Tippsy Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Tippsy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Tippsy Sites, Applications and Services is the exclusive property of Tippsy and protected by U.S. and international copyright laws.

Indemnification

You agree to defend, indemnify and hold harmless Tippsy and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Tippsy Sites, Applications or Services.

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND TIPPSY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate

You and Tippsy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Tippsy Terms, your use of Tippsy Sites, Applications or Services, or to any products sold or distributed by Tippsy or through Tippsy Sites, Applications or 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 and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

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.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Tippsy may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Tippsy subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Tippsy members, but is bound by rulings in prior arbitrations involving the same Tippsy member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

 

Prohibition of Class, Representative, and Consolidated Actions

You and Tippsy agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Tippsy agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Tippsy members.

If for any reason a claim proceeds in court rather than in arbitration both you and Tippsy each waive any right to a jury trial. You and Tippsy also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Tippsy Sites, Applications or Services, or any products sold or distributed by Tippsy or through Tippsys Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Unless you and Tippsy agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Tippsy Sites, Applications or Services, or any products sold or distributed by Tippsy or through Tippsy Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of these Terms by Tippsy shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Tippsy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. 

United States Only

Unless otherwise specified, the Tippsy Services are presented solely for the purpose of promoting products and services available in the United States. Tippsy makes no representation that the Tippsy Services are appropriate or available for use in other locations. If you access Tippsy Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.

Entire Agreement

These Terms and our Privacy Notice constitute the sole and entire agreement between you and Tippsy with respect to the Tippsy Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

Modifications

Tippsy reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Tippsy Referral Program, at any time. If Tippsy makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at tippsysake.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.

Should you wish to terminate your membership due to a modification to the Terms, please contact Member Services at order@tippsysake.com. If you choose to continue using the Tippsy Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.

Contact Information

If you have questions or comments about these Terms or the Tippsy Sites, Applications or Services, please email us via the contact information below:

 

Tippsy, Inc.

tippsy@tippsysake.com

©2018 Tippsy, Inc. All Rights Reserved.