- Terms & Conditions Of Service
Terms & Conditions Of Service
Last updated: November 08, 2016
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website (the "Service") operated by Lucky's Liquor LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Lucky's Liquor LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Lucky's Liquor LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Lucky's Liquor LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lucky's Liquor LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Lucky's Liquor LLC.
Lucky's Liquor LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Lucky's Liquor LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Lucky's Liquor LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Lucky's Liquor LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Lucky's Liquor LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Purchase and Delivery Policy
Currently, delivery is limited to the area specified in the image below. There are a few zip codes that fall outside of our immediate delivery as "Extended Zone Delivery" and carry a delivery fee of $10.99 per order. All orders will be delivered in the most expedient manner possible, unless, variable factors that may be out of the control of Lucky's Liquor affect the process. Our target delivery time is 30-45 minutes.
The Delivery fees are:
In-Zone Delivery Area = $4.95.
Extended Zone Delivery Area = $10.99.
The delivery fee is a per order fee. All orders require a minimum purchase.
All purchases must be paid for before the products leave our premises by credit/debit card or PayPal. We do not accept cash for delivery orders. Pick-up orders may be paid for with cash. Please call if you would like to place an order for pick-up. 602-258-4688
Sunday - Thursday: Orders must be placed between 8:00 AM and 10:00 PM. Last delivery must be made by approximately 11:00 PM
Friday & Saturday: Orders must be placed between 8:00 AM and 12:00 AM. Last delivery must be made by approximately 1:00 AM
If an order is places outside of delivery hours, we will contact you the following morning during business hours. If we are unable to reach you within 12 hours after the order was placed, the order will be refunded.
Delivery Rules and Restrictions
Purchase of Alcoholic Products
BY PLACING AN ORDER FOR PURCHASE OF ANY ITEMS CONTAINING ALCOHOL, YOU AGREE THAT YOU ARE AT LEAST 21 YEARS OF AGE.
Lucky's Liquor abides by all applicable regulations set forth by City, County, State, and Federal agencies. Under no circumstances will Lucky's Liquor violate any regulations set by the aforementioned agencies. By law, we are required to document each delivery on a "State Record of Delivery" Form. State Regulations regarding the sale of alcohol can be viewed HERE. We reserve the right to refuse service in situations that may compromise our compliance with any laws and/or regulations.
Delivery of Products.
Orders are sent out on-demand. As soon as an order comes in, it is picked and then sent out for delivery.
In order to keep our service timely, our drivers may wait up to and not longer than five minutes after arrival if there is no one to answer the door or receive the delivery. At this point, we will attempt to phone you. If we are unable to reach you to complete delivery, the order will be cleared, returned to our store and the order will be refunded less the delivery fee and 20% of the order subtotal restocking fee.
If any items in your order happen to be out of stock, we will contact you immediately to resolve the issue. If we can not get in contact with you, your order will be processed and sent for delivery minus the out of stock item(s) and you will be refunded the amount for those items.
If an order is canceled after the order has been placed in "Shipped (Out for Delivery)" status, the order will be canceled and refunded less the delivery fee and 20% of the order subtotal restocking fee.
If an order is placed with delivery information that is different from the billing information, we will contact both parties to verify the order before sending it out for delivery. For third party purchases, we may request that the billing party send us additional documentation to verify that age requirements are met pursuant to legal regulations. Third party purchases will not be sent out for delivery without prior verification. If we are unable to contact either party before the end of the business day, or are unable to satisfy verification requirements, the order will be refunded in full.
Your order will arrive with an invoice and/or order confirmation with a listing of the item(s) that have been billed and delivered. You may also find the same information in the "My Account" section of the site. For any order issues, please call 602-258-4688.
Delivery MUST be signed for by either the Billing party or Recipient. Identification MUST match one of the aforementioned parties.
Order Cancellations and Refunds
If an order needs to be canceled, please call our customer service team at 602-258-4688 immediately. Orders can ONLY be canceled by phone. Please reference your order number. Please note: orders are processed for delivery as soon as possible to meet Lucky’s Liquor expedient delivery process. Due to these circumstances, Lucky’s Liquor cannot guarantee the availability of changes or cancellation to any order once it has been placed. Orders canceled upon delivery may be subject to a 20% delivery and restocking fee. Lucky’s Liquor will not make any refunds or exchanges for orders that were delivered and signed for.
Please Note: Functionality and pricing may vary between the Website and App.