Usage of eliqx.io, eliqx’s applications, and any other related websites and offerings (“Service”) is subject to these Terms of Service (“Terms”). These Terms are a legal agreement between you and eliqx that states the terms and conditions under which you may use the Service. If you do not agree with the Terms you may not use the Service.
1) Age restrictions
The Service is for persons 21 years of age and older. If you are under 21 years of age you may not use the Service or take part in any step of the Service process. The Service cannot be used on behalf of any person under 21 years of age. The Service cannot be used if any person under 21 years of age is or is intended to be part of the Service process.
2) Access of services
Eliqx grants you a personal, non-transferable, non-exclusive, non-sublicensable, non-commercial limited license to access use of the Service, subject to these Terms and the law. You may not use the Service or any of its contents for commercial use. Usage or viewing of the Service for any other reason besides shopping for alcohol is strictly prohibited. Any unauthorized use of the Service will terminate the license given by eliqx. All rights not expressly given in these Terms are reserved.
3) Shopping and purchases
Eliqx is a market service only and does not sell alcohol. All items listed on the Service come from a licensed alcohol retailer (“Retailer”) that has chosen to list their own inventory. The Service allows you to search for alcohol in a specified geographic area for inventory, prices and other information. Placing an order with the Service is an offer to buy from a Retailer.
Purchases happen once the Retailer accepts your offered price. Once accepted, the Service will process your payment and initiate shipping.
4) Delivery and shipping
Shipments will be made by a third party shipping partner such as FedEx, UPS, GLS, or other shipping company.
All shipments of alcoholic beverages must be signed for by an individual capable of proving their age is 21 years old or older. The order signee must provide a valid form of government photo identification at time of signing.
Shipments to PO/APO/FPO boxes are not allowed. Shipments can go to a commercial or residential address decided by you, or sent to a participating pick up location. Once your offer is accepted, shipment details cannot be changed. Errors in shipping information or inability to receive the shipment will result in the item being returned and a restocking fee of 15% of the cost of the order plus applicable fees.
5) Returns, refunds, and exchanges
All sales of rare bottles through the Service are final. Returns of any kind are only considered at the sole discretion of the retailer if the rare bottle purchased is unopened and it is damaged, spoiled or the wrong item.
If a rare bottle purchase can be determined as damaged in transit, please contact support@eliqx.io so we can pursue a claim with the shipping company.
6) Privacy
Use of the Service is subject to our Privacy Policy.
7) Errors
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Eliqx undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8) Warranty disclaimer and limitation of liability
Eliqx does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Eliqx does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall eliqx, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9) Updates, modifications or termination
Eliqx reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Eliqx shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10) Intellectual property
Eliqx alone shall own all right, title and interest, including all related intellectual property rights, in and to all parts of the Service. This agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by eliqx. Eliqx names, eliqx logos, and the product names associated with the Service are trademarks of eliqx or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
11) Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
12) Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Los Angeles California US.
11) CA Prop 65 Warning:
Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to WWW.P65WARNINGS.CA.GOV/ALCOHOL