Terms of Use

This website is powered by Sipsy Inc, Inc. These Terms and Conditions (the “Terms and Conditions”) are a legally binding agreement between you and Sipsy, Inc., its clients (including Lucky Sake AG), and its and their respective parents and subsidiaries (individually and collectively, “Company,” “we,” “our” or “us”), and governs your access to and use of the URL, (www.usshop.heavensake.com) (the “Site”) and other Sipsy, Inc. websites, social media pages, accounts, and mobile applications owned by or licensed to us (collectively, the “Sites”), any order you place through the Sites and, as applicable, your use of the Products you purchase.  Through use of the Site, we provide an opportunity to buy alcoholic beverages and related products from Licensed Retailers in their respective states (collectively the “Services”). The sale and delivery of orders purchased by you will be executed and fulfilled by licensed third-party retail entities that hold valid licenses issued by state alcohol beverage agencies allowing for the legal sale of alcohol (the “Licensed Retailers” or “Licensed Retailer”). The Site is directed to adults aged 21 or older and you must be at least 21 years of age to make a purchase through the Site and to receive delivery of the products purchased, and a valid government-issued ID will be required upon delivery. MINIMUM AGE REQUIREMENTIf you use the Site, you represent and warrant that you are at least twenty-one (21) years of age and that the recipient of any alcoholic beverage purchase you may make is at least 21 years of age. In no event shall you use the Site nor the Services, nor make a purchase or purchase a gift for someone else if you are under the age of 21, nor may you do any of the foregoing activities for the benefit, or on behalf, of any person under the age of 21. We may refuse to register any person, or service any order at any time, in our sole discretion. By using the Site, including, without limitation, by participating in the Services, you hereby agree to the terms and conditions set forth below (the “Terms and Conditions”). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE, YOU SHALL NOT PLACE AN ORDER, AND YOU SHALL NOT USE ANY PRODUCTS SOLD VIA THE SITE. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM AGAINST US TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

SALE OF ALCOHOLIC BEVERAGES

‍Our role in the transactions contemplated by these Terms and Conditions is that of a marketer and service provider that enables you, the consumer, to purchase alcohol and related products from Licensed Retailers via the Site, and to participate in the Services and/or any other product offers offered on the Site. You acknowledge that all orders of alcohol and related products you place through the use of the Site is processed and fulfilled by such Licensed Retailers, as the actual sellers of the Products, and not by us. Any purchase you make through the use of the Site from the Licensed Retailers must be for personal consumption only and not for resale.We may allow third parties to offer goods or Services on the Site. The Company undertakes to be as accurate as possible with all information regarding the goods and Services, including product descriptions, pricing and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk. We do not sell, offer to sell or solicit sales of alcohol. Our Site enables you to search online for alcohol and other products available for sale by Licensed Retailers. The Service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensed Retailer of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage licensee. When you search for a product, the Service shows you its availability, price and other information based on your location and information provided by the Licensed Retailers that service your location; if you prefer, you may sort and filter results based on search criteria. Our Service may be limited or not available at all in some places due to local law or other restrictions.When you order, it is an offer to purchase from a Licensed Retailer. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Licensed Retailer at that time. The Licensed Retailer reviews your order and decides whether to accept it. If the Licensed Retailer decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment. Title to, and ownership of, all alcohol beverages passes from a Licensed Retailer to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By placing an order, purchaser authorizes seller to act on purchaser’s behalf in arranging for transportation of the alcoholic beverages at the purchaser’s direction. Alternatively, purchaser may choose to pick up the alcohol beverages at the retailer’s location or make independent delivery arrangements.  Seller makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.ALL RISK OF LOSS WILL PASS TO YOU WHEN THE GOODS ARE DELIVERED WITHIN THE STATE IN WHICH THE RETAILER IS LICENSED. MOREOVER, YOU ARE RESPONSIBLE TO KNOW THE LAW OF THE STATE IN WHICH YOU LIVE OR TO WHICH YOU WISH THE GOODS SHIPPED AS THEY RELATE TO THE SHIPMENT AND DELIVERY OF ALCOHOLIC BEVERAGES. YOU ARE RESPONSIBLE TO PAY ANY STATE AND LOCAL EXCISE TAXES AND USE TAXES.  YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS AGAINST ANY DAMAGES (INCLUDING ATTORNEY’S FEES) RESULTING FROM ANY CLAIM THAT THE GOODS PURCHASED BY YOU CANNOT BE LEGALLY SHIPPED INTO THE STATE IN WHICH YOU LIVE BY A PERSON WHO OWNS SUCH GOODS AND HAS PURCHASED THEM FOR HIS OR HER PERSONAL CONSUMPTION OR THAT YOU HAVE EXCEEDED THE AMOUNT OF GOODS WHICH MAY BE SHIPPED INTO THE STATE FOR PERSONAL CONSUMPTION OR THAT ANY TAXES OR DUTIES WHICH MAY BE IMPOSED UPON SUCH SHIPMENT OR CONSUMPTION HAVE NOT BEEN PAID.

ACCOUNT REGISTRATION
‍To use the Services, you will be asked to provide personally identifiable information such as your name, address, phone number, shipping address, email address, date of birth, and payment information (collectively, the “Personal Information”) as well as a password in order to make a purchase and create a personal account with us (an “Account”). Please be sure to protect the confidentiality of the password you create for your Account. Please review our Privacy Policy regarding the Personal Information we collect, use and share, and the terms of such collection, use and sharing. You are responsible for, and agree to pay promptly, all charges to your Account including applicable taxes and purchases by you or anyone you allow to use your Account. You represent and warrant that all Personal Information you provide in connection with registering your Account is complete, accurate and non-fraudulent, and that you are authorized to use the method of payment you provide in connection with your use of the Services. We reserve the right to contact the service provider of your method of payment to conduct fraud or security checks. You acknowledge and agree that you may never use another customer’s Account without their prior approval. You also agree to review and update your Account as and when necessary to maintain the most current Personal Information.

ORDERS, SHIPPING, AND DELIVERY
‍If you are an adult over the age of 21, you may make an offer to purchase alcoholic beverages or associated non-alcoholic merchandise (the “Products”) using the Site from the Licensed Retailers. Prices displayed on the Site reflect the prices determined by the Licensed Retailers that we partner with. Licensed Retailers may choose to accept or reject any offer to purchase the Products due to lack of availability, inability to verify your age, or any other reason. If your offer to purchase the Products is declined in full or in part for any reason, you will receive a refund for any portions of your order that are declined by the Licensed Retailer.Licensed Retailers are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Website (b) setting the purchase price of all products made available for sale via the Site (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders either directly or through a third party shipping company, if applicable. Sipsy, Inc. shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.Unless otherwise indicated at the time of your purchase, shipping and handling fees are NOT included with your order and such fees will be added on to the price of your purchased products. Shipping dates and/or arrival times given are only estimates. Refunds are at the sole discretion of Sipsy, Inc. or its affiliated retailers.The Products purchased from the Site will be shipped by a third-party carrier. As a result, title and risk of loss or damage for such products will pass to you upon our delivery to the carrier.Packages cannot be sent to PO boxes or local carrier locations. Orders that are placed and addressed to these locations will be rejected and refunded.All deliveries must be signed for by an individual who is capable of proving that he or she is 21 years of age or older by providing a valid form of identification at the time of delivery. If there is no individual 21 years of age or older to accept the delivery, the delivery will not be able to be completed at that time. After three failed delivery attempts, the package will be returned to the retailer. You will be required to pay an additional re-shipping fee in order to receive the package. Refunds for packages – and the associated shipping costs – that are returned to the retailers due to failed delivery attempts are at the discretion of the retailer.We recommend that if there is a possibility an individual 21 years of age or older is not available to sign for your package, you should contact your carrier and request the tracking number be routed to a local location that allows for package pick-ups. We reserve the right to refuse delivery for any reason. Packages cannot and will not be left unattended for any reason. Sipsy Inc. and its retail partners do not accept responsibility for any packages that are unable to be delivered due to issues with the delivery address that you provide for your order.

THIRD PARTY WEBSITE, POLICIES, AND CONTENT
‍Certain content, products and services available via our Service may include materials from third parties.Third-party links on this Site may direct you to third-party website that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website or for any other materials, products, or services of third parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third-party’s terms of use, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PAYMENT
‍Your credit or debit card may be charged immediately upon checkout. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, we may charge such amount directly to the credit card identified in your Account and may suspend or terminate your access to the Services. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use the Services is subject to limits established by us and/or by your credit card issuer.We use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Sipsy, Inc. the right to store and process your information with the third-party payment service, which it may change from time to time; you agree that Sipsy, Inc. will not be responsible for any failures of the third-party payment service to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider’s terms of service. You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

PROMOTIONAL EMAILS
‍When you first subscribe or make a purchase through the Site, you agree to receive transactional and promotional emails from Sipsy, Inc. and Sipsy inc. These emails may include, but are not limited to, promotional offers. We will never rent, sell or share your email address except to the limited extent set forth in the Privacy Policy or otherwise in these Terms and Conditions.