Terms and Conditions
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 21 YEARS OF AGE, (C) INTEND TO DISTRIBUTE ANY OF CRAFTY’S ALCOHOLIC SERVICES TO ANYONE UNDER THE AGE OF 21, OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through craftydelivers.com (the “Site“). These Terms are subject to change by Crafty, LLC (“Crafty” or “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation.You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Crafty and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling or emailing our Customer Service Department at (312) 340-0352 or firstname.lastname@example.org.
Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept credit card or invoiced payments for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Delivery; Title and Risk of Loss.
- We will arrange for delivery of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Upon delivery of alcohol products, you will provide valid government-issued identification proving you are 21 years of age or older to the agent delivering the alcohol products. Further, you shall not accept any delivery from Crafty while intoxicated. If you are unable to provide proper identification or appear to be intoxicated, your order will not be delivered and you will be subject to the fees discussed in Section 5(b).
Returns; Replacements; Restocking.
- If the delivery is incorrect or damaged, please contact our Customer Service Department at (312) 340-0352 or email@example.com for a replacement. Crafty will replace that delivery at your given location within 48 hours, unless otherwise expressed to you by a Crafty representative.
- If the correct product is brought to your location but refused, you may be charged a restocking fee of 20% of the retail value, not including taxes or delivery, of that product, at the sole discretion of Crafty.
- You agree that, if a keg remains on your premises for greater than two months, you may be charged a $30 keg pick-up fee, wherein our delivery drivers will come to your location and remove the keg from the premises, at the sole discretion of Crafty. If product is missing, lost, or unavailable for pick-up, you may be charged an additional $30 deposit fee per keg or sixtel keg unavailable for pick-up, at the sole discretion of Crafty.
Third Party Products and Content.You agree that Crafty does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through our Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Crafty will have no liability based on such purchase, use or access.
Disclaimer.WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE CRAFTY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE CRAFTY SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRAFTY MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, CRAFTY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY GOODS OR SERVICES PROVIDED BY CRAFTY OR REQUESTED THROUGH ITS WEBSITE, CRAFTYDELIVERS.COM. CRAFTY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CRAFTY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DELIVERY AGENTS OR TAP TECHNICIANS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY DELIVERY AGENTS OR TAP TECHNICIANS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. YOU AGREE THAT NEITHER CRAFTY NOR ITS AFFILIATES, OPERATIONAL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY DELIVERY AGENT OR TAP TECHNICIAN OR FOR ANY SERVICES PROVIDED BY DELIVERY AGENT OR TAP TECHNICIAN. NEITHER CRAFTY NOR ITS AFFILIATES, OPERATIONAL PARTNERS, LICENSORS, OR SUPPLIERS RESPONSIBLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY DELIVERY AGENT OR TAP TECHNICIAN. IF YOU HAVE A DISPUTE WITH ONE OR MORE DELIVERY AGENTS OR TAP TECHNICIANS, YOU AGREE TO RELEASE CRAFTY (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES WITH DELIVERY AGENTS OR TAP TECHNICIANS OR TO YOUR USE OF THE SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM CRAFTY SHALL CREATE ANY WARRANTY ON BEHALF OF CRAFTY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
Limitation of Liability.CRAFTY AND ITS AFFILIATES’ LIABILITY FOR ALL CLAIMS ARISING OUT OF THE AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO CRAFTY DURING THE TWELVE MONTHS PRIOR TO WHEN THE LIABILITY ARISES. NOTWITHSTANDING THE FOREGOING, CRAFTY’S LIABILITY TO CUSTOMER FOR DATA BREACH WILL NOT EXCEED TWO TIMES THE AMOUNT PAID BY CUSTOMER TO COMPANY DURING THE TWELVE MONTHS PRIOR TO WHEN THE LIABILITY ARISES. IN NO EVENT WILL CRAFTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF THE AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification.You agree to defend, indemnify and hold harmless CRAFTY and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized and authorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
Force Majeure.We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts , strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction.All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
Dispute Resolution and Binding Arbitration.
- If you have a dispute with CRAFTY, you agree to contact us first and make best efforts to work it out amicably. If we’re unable to work out a solution amicably, both you and CRAFTY agree to final and binding arbitration as the sole method of resolving any disputes, claims, or causes of actions arising out of your use of the Services or these Terms.
- YOU AND CRAFTY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR, TO THE EXTENT PERMISSIBLE BY LAW, TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The arbitration will be held in the United States county where you live or work, Chicago, or any other location we mutually agree upon in writing.
- The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. Crafty will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims under Federal Rule of Civil Procedure 11(b).
- You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing us at firstname.lastname@example.org with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
- Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. For such claims, both parties agree to the exclusive jurisdiction of the state and federal courts in DuPage County, Illinois.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Termination.You may stop using our services at any time and without notice to us, except when you have a pending order with us, in which case you may stop using our services after your order is complete. Similarly, we are entitled to terminate your access to our services or stop offering our services at any time without notice.
Assignment.You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers.The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Crafty.
No Third-Party Beneficiaries.These Terms do not and are not intended to confer any rights or remedies upon any person other than you, the customer.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by calling (312) 340-0352; (ii) by personal delivery, overnight courier or registered or certified mail to Crafty, LLC, 917 W Washington Blvd, Ste 229, Chicago, IL 60607; or (iii) by emailing email@example.com. We may update our phone number, mailing address, or email address for notices to us by posting a notice on the Site. Notices provided by personal delivery or phone call will be effective immediately. Notices provided by overnight courier or email will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Severability.If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.