Terms and Conditions
- BINDING EFFECT. This is a binding legal agreement. By using the Internet site located at https://7starliquor.com (the “Site”) or accessing, installing or downloading the “7-Star Liquor & Market” mobile application in any format or for use on any platform (the “App”) or any Services provided in connection with the Site or the App (the “Services”), you agree to abide by these Terms of Use, as they may be amended by 7-Star Liquor & Market (the “Company,” “we,” or “us”) from time to time in its sole discretion. We will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and the App and cease all use of the Services, the Site and the App. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products and/or Services through the Site and App.
YOU ACKNOWLEDGE THAT THE SITE, APP AND SERVICES ARE INTENDED SOLELY FOR USERS AT LEAST 21 YEARS OLD. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
- THE SERVICES. The Services, including the Site and the App, enable users to search for alcohol beverages and other products and place and schedule orders with us for the purchase and sale of such beverages and products, among other things. All orders placed through the App or the Site are accepted, reviewed, and ultimately fulfilled by us. All sales are solely transacted between you and us. Each product listed on the Site or the App is not an offer to purchase such product but an invitation to make an offer by placing an order. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. No part of the Services is intended to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to us or any improper exclusionary practices by any alcohol beverage licensee.
- FEES. We do not currently charge users a fee to use our Services; however, we and/or our third-party Services provider(s) may charge fees in connection with your transaction, including but not limited to shipping or delivery fees in cases where you have placed an order for shipment or delivery and Restocking Fees, which are described in the next paragraph. Any such fees are due immediately. In the future, we may, in our sole discretion, begin charging fees for our Services. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services at that time, you will be required to pay all applicable fees for such Services. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed by any authority on you by virtue of your transacting with retailers or otherwise by using the Services.
- ORDER PROCESS. If we accept your order request, your credit or debit card will be charged for the amount of your purchase plus any additional fees that we may charge. Once the charge is authorized, we will package your order for either pickup, shipment or delivery, as indicated by you in your order request. The individual picking up the order or accepting the order shipment or delivery must provide a valid form of photo identification proving that he or she is at least 21 years old and sign for the order at the time of pickup, receipt of shipment or delivery. We reserve the right to take a photo or copy of such identification as well as your credit card, and you hereby grant us the right to do so and waive any objections thereto to which you would otherwise be entitled under any applicable laws and regulations. Your order request, pickup, shipment or delivery may be declined for any reason by us, or our employee or agent, or the shipping or delivery company used by us or that shipping or delivery company’s employee or agent. If declining because the requested item(s) or acceptable substitutions are not in stock, we may offer you a full refund. If your order request, pickup, shipment or delivery is declined or cannot be completed for any other reason, you may be charged a non-refundable restocking fee of twenty dollars ($20.00) (“Restocking Fee”). Without limiting the foregoing,THE RESTOCKING FEE WILL BE AUTOMATICALLY CHARGED TO YOU IF YOU, OR IF APPLICABLE THE ORDER RECIPIENT, FAILS TO PROVIDE ACCEPTABLE PROOF OF IDENTIFICATION AND AGE, OR IF WE, OR OUR EMPLOYEE OR AGENT, OR THE SHIPPING OR DELIVERY COMPANY USED BY US OR THAT SHIPPING OR DELIVERY COMPANY’S EMPLOYEE OR AGENT, IN ITS SOLE DISCRETION, DETERMINES THAT THE TRANSFER OF POSSESSION OF THE ITEMS IS OTHERWISE ILLEGAL, UNSAFE OR INAPPROPRIATE.
YOU AGREE THAT YOU MAY NOT PROVIDE US ANY INFORMATION OF, OR USE THE SERVICES TO PURCHASE OR PICKUP FOR OR SEND A DELIVERY OR SHIPMENT TO, ANY INDIVIDUAL UNDER 21 YEARS OF AGE.
Sales are made at our licensed premises and title to, and ownership of, all ordered items pass from us to you at our licensed premises and you assume all responsibility for the pickup, shipment or delivery of your order. By arranging for the pickup or transportation of your order on your behalf, we are providing Services to you. Pickup, shipment and delivery Services may be subject to additional policies and procedures of the Company and our shipping or delivery company. By using pickup, shipping or delivery Services, you represent that you are of legal drinking age and are in compliance with your local and state laws applicable to the purchase, transportation, receipt and/or reporting of your order. You also represent that you have obtained all required permissions, paid all required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the order and are legally entitled to take the quantities ordered. You further represent that you are using the Services for lawful purposes and to place orders for personal consumption and not for any resale or distribution. You acknowledge that certain Services may not be available to you due to local rules applicable to your location.
- PRICING. The prices published on the Site and App are suggested retail prices based on pricing information provided to us and may not always reflect the prevailing pricing. We reserve the right to determine final prices of all products.
- PROMOTIONAL OFFERS; CREDITS. We, in our sole discretion, may offer certain promotions and credits from time to time for users, to the extent permissible under applicable laws. Depending upon where you are, you may or may not receive or be eligible to participate in these promotional offers and credits. Any such promotions and credits are non-transferrable and may only be used in connection with the Services.
- PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the Site, the App or the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
- MOBILE AND OTHER DEVICES. You are responsible for providing the mobile device, wireless services plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App, the Site or the Services.WE DO NOT GUARANTEE THAT THE APP, THE SITE OR THE SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICES PLAN. WE DO NOT GUARANTEE THAT THE APP, THE SITE OR THE SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR PRODUCTS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications on your mobile device (“Push Messages”), as well as via email or other types of messages. You acknowledge that, when you use the App, THE Site or the Services, your wireless services provider may charge you fees for data, text messaging and/or other wireless or Internet access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through your mobile device’s operating system (with the possible exception of infrequent, important Services announcements and administrative messages).
- USE OF SOFTWARE. We may make certain software available to you from the Site or the App. If you download software from the Site or the App, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by the Company, for your personal, noncommercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by us or our licensors and you may not copy or use them in any manner.
- USER CONTENT. You grant us a license to use the materials you post to the Site, the App or the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, the App or the Services, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or the App or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site and the App is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
- INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
- COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or the App or with the Services. We have adopted a policy that provides for the immediate suspension and/or termination of any Site, App or Services user who is found to have infringed on our rights or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at the address set forth in Paragraph 32.
- ALLEGED VIOLATIONS. We reserve the right to terminate your use of the Services and/or the Site and/or the App. To ensure that we provide a high-quality experience for you and for other users of the Site, the App and the Services, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Services. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Site or the App immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Services by others.
- NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, THE APP OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, THE APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE, THE APP OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE APP OR ANY OTHER MATERIALS OR SERVICESS PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
- AFFILIATED SITES. We have no control over, and no liability for any third-party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site or the App. Because neither we, the Site nor the App has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site or the App, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
- PROHIBITED USES. We impose certain restrictions on your permissible use of the Site, the App and the Services. You are prohibited from violating or attempting to violate any security features of the Site, the App or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, the App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, the App or the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site, the App or the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or Services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site, the App or Services. You and any recipient of your orders will provide whatever proof of identity and age reasonably requested by us, our employee or agent, or the shipping or delivery company used by us or that shipping or delivery company’s employee or agent. Any violation of system or network security may subject you to civil and/or criminal liability.
- APPLE APP STORE. This Paragraph 19 applies to you only if you are using the App from the Apple App Store. We and you, the end‐user of the Services, acknowledge that these Terms are entered into by and between the Company and you and not with Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third‐party beneficiaries of these Terms and that Apple has the right (and is deemed to have accepted the right) to enforce these Terms of Use. We are solely responsible for the App and any content contained therein. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You and we acknowledge that in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and will have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You and we acknowledge that Apple is not responsible for addressing any claims made by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. You and we acknowledge that in the event of any third-party claim that the App, or your possession or use of the App, infringes such third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such claim. You acknowledge that you have reviewed the App Store Terms and Conditions. Capitalized terms not defined in this Paragraph 19 shall have the meanings set forth in the App Store Terms and Conditions. Your use of the App must comply with the App Store Terms and Conditions.
- GOOGLE PLAY STORE. This Paragraph 20 applies to you only if you are using the App from Google, Inc. or one of its affiliates or successors (“Google”) via Google Play. To the extent of any conflict between the Google Terms of Services, the Google Play Business and Program Policies and such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”) on the one hand and these Terms, the Google Play Terms shall apply with respect to your use of the App. The Google Play Terms can be accessed here: Google Play Terms. The Company and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non‐compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.
- INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or the App, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- COPYRIGHT. All contents of Site or Services are: Copyright © 4217 W 3rd St C, Los Angeles, CA 90020, United States. All rights reserved.
- GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA in all disputes arising out of or related to the use of the Site, the App or the Services.
- EXPORT LAWS. You agree that you will not export or re‐export, directly or indirectly the App or, or any portion of the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re‐exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The Site, the App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202‐1 through 227.7202‐4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
- INJUNCTIVE RELIEF. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
- SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site or the App should be understood as granting you a license to use any of the trademarks, Services marks, or logos owned by us or by any third party.
- CALIFORNIA USE ONLY. The Site and the App are controlled and operated by Company from its offices in the State of California. We make no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site or the App should not be construed as our purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
- MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site, the App and/or the Services; and (c) discontinue the Site, the App and/or Services at any time. We will post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site or the App following notice of any revision, you shall abide by any such revision.
- ACKNOWLEDGEMENT. BY USING THE SERVICES OR ACCESSING THE SITE OR THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
- ADDRESS FOR NOTICE. You may contact us regarding the Services or these Terms at: 7-Star Liquor & Market, 4217 W 3rd St C, Los Angeles, CA 90020, United States or by email to: info@7starliquor.com
These Terms and the Privacy Policy set forth the entire understanding of the parties with respect to the matters contained in these Terms and the Privacy Policy and there are no promises, covenants or undertakings other than those expressly set forth in these Terms and the Privacy Policy.
Last Revised: February 18,2022