Terms and Conditions
This agreement (the "Terms & Conditions") is a legally binding agreement between you and SLJ Group Inc dba Lionstone International., its affiliates, and its and their respective parents and subsidiaries (individually and collectively, "Company," "we," "our" or "us"), and applies to your use of the URL, https://www.lionstone.com, and all other websites, social media pages and accounts owned by the Company (individually and collectively, the "Websites"), and all mobile applications owned by the Company (together with the Websites, collectively, the "Company Sites"). Through the use of the Company Sites, the Company markets wines and related products directly to licensed retailers, and offers consumers the opportunity to take advantage of the various services offered by the Company, including, without limitation, the opportunity to purchase wine and related products from the Company and to register as BY CLICKING THE "I AGREE" BUTTON OR BY USING THE COMPANY SITE, YOU HEREBY AGREE TO THE FOLLOWING TERMS & CONDITIONS AND OUR {PRIVACY POLICY}. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS & CONDITIONS AND PRIVACY POLICY, PLEASE DO NOT USE THE COMPANY SITE.
Orders. You may cancel pending orders at any time prior to shipment by contacting us at 847-247-8755 and we will promptly cancel your order upon receipt of such a request. If you use a credit card in connection with your purchase, it will generally be charged by the end of the business day on which you place your order. Once an order has been shipped by the Company and your payment has been processed, you may request a refund by following the instruction provided.
Availability. Wines may vary by state. The Company have the right to refuse orders should they not comply with the laws in your state or for any other reason and your payment will not be processed for such orders. The Company shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, the Company reserve the right to cancel affected orders and refund the charge to you as your sole remedy. The Company reserve the right to change product pricing and discounts offered at any time.
Contact Information. If you have any requests, questions or comments about your orders made in connection with the Wine Services, your Account, your PII, the Company Site, or any other questions or comments relating to our products and services, please contact us. When you send an email to us, you agree that we may electronically communicate with you. You acknowledge that communications by email may not be confidential.
Phone: 847-247-8755
Mail: Lionstone International, 100 S. Saunders Road, Suite 150, Lake Forest, IL, 60045
Email: orders@lionstone.com
Eligibility. You represent and warrant that you are at least twenty-one (21) years of age. In no event shall anyone under the age of twenty-one (21) years of age use the Company Site. . You may never do any of the foregoing restricted activities for the benefit of any ineligible third party. The Company hereby notifies you that parental control protections (e.g., computer software, filtering services, etc.) are commercially available and may be used to assist with limiting access to the Company Site to minors. Please contact us for details. We may refuse to register any person or service any order at any time, at our sole discretion.
Sale of Alcohol Beverages. The Company’s role in the transactions contemplated by these Terms & Conditions is that of a wholesaler that enables you, the consumer, to purchase wine and related products from the Company and to participate in the services and/or any other product offers offered on the Company Sites. Any wine you purchase through the use of the Company Sites must not be for personal consumption and only for resale.
Registration; Account; Guest Log-In.To utilize the Wine Services, you will be asked to register for a business account with the Company (an "Account"), or log in to the Company Site as a guest (a "Guest Log-In"), follow the instructions provided by Company, and provide the requested personally identifiable information (i.e., name, phone number, email address, , and method of payment information) (collectively, the "PII"). You represent and warrant that all PII you provide in connection with registering your Account or using a Guest Log-In is complete and accurate, and that you are authorized to use the method of payment you provide in connection with your use of the Wine Services. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account. You also agree to review and update your Account as and when necessary to maintain the most current PII. You may also utilize the " features of your Account, which tracks your order history, status of pending orders, preferences, , and credits.If you choose not to create an Account but to instead place orders by using a Guest Log-In, you may contact the Company to review or update the PII you have provided by using the telephone numbers and/or addresses listed.
Shipping & Deliveries. All orders are shipped by the Wholesaler. Title to such wine and related products and risk of loss passes from the applicable Licensed Retailer to you upon the shipment of your order. The terms of shipment may vary from order to order. You will be notified at the point of purchase as to the applicable shipping charges and taxes, which you are responsible for paying, that are applied to your particular individual order. The remittance of any and all federal, state, sales use and excise taxes will be paid by the wholesaler related to such orders. Proof that you are twenty-one (21) years of age will be required upon delivery.
Replacement Orders. Refunds. The Company strive to ensure the satisfaction of their customers. In the event of late or non-delivery of your order, if your order is damaged in transit or is incorrect, or you are not satisfied with your order for any other reason, please contact us by using the contact information provided and we will use good faith efforts to rectify the issue, subject to all applicable laws.
Privacy Policy. Your use of the Company Sites is subject to our {PRIVACY POLICY}, which we may amend from time to time, and you hereby agree to its terms.
Access to Company Site. The Company grants you the limited right to access and make use of the Company Sites as a user. The Company Site, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Company Sites (the "Content") are owned by or licensed to the Company. Unless authorized in writing and in advance by the Company or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of these Terms & Conditions shall be construed to convey any property right or license to the Content unless expressly provided to the contrary.
DMCA. We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Company Sites, you must notify us and give us an opportunity to correct the problem before taking any other action by sending an email to the following address: orders@lionstone.com. The notification must include all of the following: (i) a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; (ii) a description of the copyrighted work or other right you claim has been infringed or violated; (iii) information reasonably sufficient to locate the material in question on the Company Site; (iv) your name, address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
Third Party Servicers; Release. You may have contact or other interaction with third parties in connection with clicking third party links on the Company Site and being directed to third party websites (the "Third Party Servicers"). You hereby acknowledge and agree that you are proceeding at your own risk and any such Third Party Servicers are not under the control of the Company. The Company shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with such Third
Party Servicers ("Third Party Claims"). YOU HEREBY RELEASE THE COMPANY, OUR OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND MEMBERS FROM ANY AND ALL SUCH THIRD PARTY CLAIMS NOT ATTRIBUTABLE TO THE COMPANY’S NEGLIGENT OR INTENTIONAL ACTS.
Disclaimer; Notice of Violations. a. "As Is." THE COMPANY SITES AND THE CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOUR USE OF THE COMPANY SITES IS SOLELY AT YOUR OWN RISK. b. Good Faith Compliance. The Company Site may be accessed from many locations. You acknowledge and agree that consumer protection laws vary by location and that the Company has made a good faith attempt to comply with all such applicable laws. You agree that you will notify the Company if you believe that it is not in compliance with any laws and provide the Company with an opportunity to cure any alleged violations before invoking the Dispute Resolution mechanisms set forth.
Termination. The Company reserves the right to terminate your Account at any time, with or without cause or notice, and which shall be effective immediately. If you wish to terminate your Account, you may do so by contacting us using the contact information provided. You acknowledge and agree that any orders shipped before such termination are non-refundable.
Modification. The Company reserves the right to modify any of the terms and conditions contained in these Terms & Conditions, at any time, at our sole discretion. We will notify you of any such modifications by posting a notice on the Company Site promptly following any such modification. Your continued use of the Company Site or your Account following such notification will be confirmation of your acceptance of such changes. The Company Site are subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Company Site or because of a failure, suspension or withdrawal of all or part of the Company Site.
Indemnification. You agree to indemnify, defend and hold the Company and its employees, officers, directors and shareholders harmless to the fullest extent permitted by law from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from or attributable to: (i) your misuse of the Company Site; (ii) anything you post to the Company Site; (iii) your violation of these Terms & Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Company Sites by any other person accessing the Company Site using a computer or Internet access account that you provided to such person.
19.Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSES, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law. These Terms & Conditions and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of New York pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles.
Notice for California Users. Under California Civil Code Section 1789.3, residents of California who use the Company Sites are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
- The arbitration will be conducted at the JAMS office nearest to your hometown, unless you and we mutually agree to a different location or to a telephonic arbitration. If you decide to initiate arbitration after you and we are unable to resolve the dispute between us, we will pay the costs of the arbitration proceeding, including the arbitrator’s fees and case management fees, for claims in which you or we seek less than $10,000 from the other party. For claims in which you or we seek $10,000 or more from the other party, we shall evenly share the costs of arbitration. If you are required to pay a fee or deposit to JAMS to initiate your arbitration, we will reimburse you. We will not, however, pay your attorney’s fees. To start an arbitration, you or we must do the following three things:
i.Write a Demand for Arbitration. The demand must include a description of the dispute and the amount of damages or other relief sought. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
ii.Send two (2) copies of the Demand for Arbitration, plus the appropriate case management fee (which we will reimburse to you upon proof of payment) and reference to these Terms & Conditions to: JAMS 620 Eighth Ave., 34th Floor New York, NY 10018 1-212-751-2700
iii.Send one (1) copy of the Demand for Arbitration to the other party.
d.The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
e.You and we agree not to join or consolidate claims in arbitration by or against the other. You and we also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, Licensed Retailers, retailers, licensors, officers, directors, agents, employees, affiliates or predecessors. Accordingly, you and we agree that the JAMS Class Action Procedures (or their replacement) will not apply in any arbitration between us. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A You understand and agree that the waivers of rights, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary. f.In lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs.
Waiver of Statutory Claims. By agreeing to these Terms & Conditions, you are giving up statutory claims or rights that you may have under your state’s laws, including claims for certain forms of relief or for attorneys’ fees. You agree that your waiver of any such laws does not violate your state’s laws, including, by way of example and not limitation, New Jersey’s Truth-in-Consumer Contract, Warranty & Notice Act.
Miscellaneous. a.Severability. In the event that any provision of these Terms & Conditions is declared void or unenforceable, such provision shall be deemed severed from these Terms & Conditions, and these Terms & Conditions shall otherwise remain in full force and effect unless its purpose cannot be affected absent the severed provision.
b.Entire Agreement. These Terms & Conditions, our {PRIVACY POLICY} and the terms and conditions that may be posted on the Company Site or of any promotional offers we make and you accept ("Company Site Agreements") constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral. You confirm that you have not relied on any representation except insofar as the same has expressly been made a representation in these Company Sites Agreements. These Company Site Agreements, including these Terms & Conditions, shall not be modified other than in writing.
c.Notices. Unless otherwise specified to the contrary herein, all notices due under these Terms & Conditions shall be in writing and shall be deemed to have been made or given when any such notice is received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if sent by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight courier service. Electronic notices to us shall be sent to the email address provided.
d.Assignment. These Terms & Conditions are personal to you and your Account. You may not assign these Terms & Conditions without the prior written consent of the Company. The Company may assign any of its rights and delegate any of its duties hereunder at any time, without your consent, at its sole discretion. These Terms & Conditions will inure to the benefit of the Company’s successors, assigns and licensors.
e.Relationship of the Parties. Nothing contained herein will be construed as creating any relationship of employer/employee, partnership, agency, joint venture, or otherwise between you and the Company, nor will these Terms & Conditions be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party.
f.Force Majeure. The Company shall not be liable for performance of its obligations under these Terms & Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest or emergency condition, or (iii) any other circumstances beyond the reasonable control of the Company.
g.Waiver. Any waiver of either party’s rights hereunder must be in writing. No waiver by either party of any breach or default of any of the provisions contained in these Terms & Conditions and required to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or of any other provision.
h.Errors and Inaccuracies. The Company strives to provide complete, accurate, up-to-date information on the Company Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, the Company Sites may contain typographical mistakes, inaccuracies or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Company Sites.
PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR RECORDS. If you are unable to print from your device, please contact the Company using the information to request a hard copy of these Terms & Conditions.
Terms & Conditions Effective as of the Following Date: December 2023