Terms of Use and Sale

Last updated June 19, 2019

Mollysspirits.com is the online home of Molly’s Spirits and our affiliates (the “Company”). The Company operates alcoholic beverage stores in Colorado in addition to this Website, mollysspirits.com (the “Website). The telephone number is 303.955.5174. The Company makes no representations that materials contained on the Website are appropriate for use in other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws.

THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REVISE THESE TERMS OF USE AND SALE (THESE “TERMS”) AT ANY TIME BY UPDATING THIS POSTING. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these Terms will mean you accept those changes and that they apply to you. These Terms apply to every Website maintained by the Company. If you do not agree with these Terms, please do not use this Website. If you breach any of these Terms your right to use this Website will terminate automatically.

Privacy Policy:

If you place an order with the Company or otherwise use the Website, we may collect certain information about you through the Website. Our collection and use of this information is governed by our Privacy Policy.

The Sale of Alcoholic Beverages:

The Company does not sell alcohol to persons under the age of 21. By using the Website, you are representing that you are over the age of 21. The Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using the Website, you are representing that the person receiving a shipment of alcoholic beverages from the Company is over the age of 21. You also agree that any alcohol purchased from the Company is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use the Website or accept these Terms.

Taxes:

All taxes and excises of any nature levied by any governmental authority upon the sale, use or transportation of products covered by these Terms shall be paid and borne by the customer.

Receiving Merchandise and Passage of Title:

Laws regarding the sale and transportation of alcoholic beverages are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. That is why you are buying from us in Colorado and why title to the alcoholic beverages is passing to you upon purchase. In the event that the Company may ship wine or other alcoholic beverages to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the sales tax, if any, assessed by your state for that transaction (this is up to you to report, it will not be charged through us); otherwise either Colorado and any applicable local sales tax will be assessed on the sale during checkout. Title to all product intended for shipment to federal property and Indian reservations passes to the customer when the goods are picked up by the common carrier, and Colorado sales tax will be collected on all such purchases. When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping alcoholic beverages. the Website lists those states where common carriers will deliver alcohol. You are responsible for compliance with all laws and taxes regarding such shipments.

By arranging for transportation of the alcoholic beverages, the Company is providing a service to, and acting on behalf of you. By utilizing this service from the Website you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age.

There are two ways to get your product from Molly’s Spirits:

1. You can pick up your products at our stores *YOU MUST PAY SALES TAX* (Prices may be different from those of our online store).

2. You can ship your products to yourself or another recipient via Drizly/Molly’s Delivery. Any recipient of alcoholic beverages must provide proof of age (over 21 years of age).

  • In the event that we are out of a product(s), we will make an attempt to contact you, to resolve the issue.  If we are unsuccessful in contacting you, we have the right to refund part of an order, or the entire order.
  • If an item(s) is damaged or leaks in transit, we are not responsible. We do our best to insure proper delivery of all orders. 

Identification Required: 

When picking up your product at our stores, you must positively identify yourself as the person who placed the order on the Website. This also includes providing legal proof that you are over 21 year of age (Colorado, or other acceptable state’s Driver’s License or Passport). We also require that you bring the credit card used to purchase goods on the site. This is an added security measure to reduce credit card fraud for your protection and to help us keep our prices low.

Pricing and Payment:

All pricing is subject to approval of the Company.  All products will be invoiced at the price in effect on the date of your order, determined by the Company’s current price pages. All pricing is subject to change without notice.

Payment is due immediately upon placement of your order.  No product will be delivered to you if payment has not been received by the Company. The Company reserves the right without notice to apply and set off any amounts owed to customer, including but not limited to rebates, credits or complaint settlements, against any past due amounts owing from the customer to the Company.

If the Company brings legal action to collect past due amounts from a customer, the customer will be responsible to reimburse the Company for all of its costs and out-of-pocket expenses associated with such action, including but not limited to reasonable attorneys’ fees.

Returns:

Requests to return products must be approved in advance by the Company. Any return of products is subject to inspection for opened product or packaging and acceptance by the Company. Any authorized credit adjustments will apply only if the product is returned in the same condition in which it was shipped or delivered, subject to customer’s taking immediate title to product upon payment as stated above. Non-standard products are not returnable. No credit will be given for unauthorized returns.

Linking to the Website and Third-Party Links:

If you link to the Website, you are permitted to link only to the home page at Mollysspirits.com . Deep linking to internal parts of the Website, framing of the Website as part of other websites, and in-line linking or any other manner of incorporating parts of the Website as part of another website is not permitted without our prior written consent.

The Website may contain links to third party products, services and websites. We exercise no control over the third-party products, services and websites, and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising or other materials available through the third-party products, services, and websites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, and websites.

Other Site Restrictions:

In addition to the prohibitions on sale of use of alcohol products described above, you must otherwise comply with all other applicable laws when using the Website. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Website (“Website Content”) or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

No Warranty:

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE COMPANY’S OBLIGATIONS HEREUNDER. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE.

The Company will not be liable for any incidental, indirect or consequential losses, damages, or expenses. The customer’s exclusive remedy for any type of claim or action for defective products will be limited to the replacement of the products (in the form originally shipped) or, at the Company’s option, to a payment or credit not greater than the original purchase price of the products.

Miscellaneous:

These Terms do not create a distribution relationship or contract, exclusive or otherwise, nor will such a relationship or contract be inferred from any course of dealing between the Company and any of its customers who purchase products under these Terms. The Company and any customer who purchases products from it are each free without penalty to cease doing business with the other at any time, for any reason whatsoever and without notice, unless otherwise provided in a separate, written contract signed by an officer of the Company and of the particular customer.

The Company shall not be liable for any loss or damage of any kind or for any consequences thereof resulting from delay or inability to deliver caused by strikes, lockouts, fire, theft, shortage, inability to obtain materials or shipping space, breakdowns, delays or carriers, manufacturers, or suppliers, acts of God, governmental statutes, proclamations or regulations, riot, civil commotion, war, malicious mischief, receipt of necessary information from Licensor, or by any cause beyond your reasonable control.

This Agreement shall be construed and enforced under the laws of the State of Colorado without reference to the choice of law principles thereof. The customer hereby consents to and submits to the jurisdiction of the federal and state courts located in the State of Colorado. The customer waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.

If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.

No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.

Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.