Terms of Service
Welcome to the Internet sites of Blue Streak Wines & Spirits, LLC ("BlueStreakWine.com"). BlueStreakWine.com includes BlueStreakWine.com, and other Internet sites affiliated with Blue Streak Wines & Spirits LLC, (each a "Blue Streak Wines & Spirits Site"). Each Blue Streak Wines & Spirits Site is operated by Blue Streak Wines & Spirits, LLC, and its affiliates (collectively referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE BLUE STREAK WINES & SPIRITS SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY BLUE STREAK WINES & SPIRITS FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE BLUE STREAK WINES & SPIRITS SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using the Blue Streak Wines & Spirits Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the Blue Streak Wines & Spirits Site or Blue Streak Wines & Spirits computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
Frame or link to the Blue Streak Wines & Spirits Site except as permitted in writing by Blue Streak Wines & Spirits.
The Sale of Alcoholic Beverages
Blue Streak Wines & Spirits does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. Blue Streak Wines & Spirits makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from Blue Streak Wines & Spirits is over the age of 21. You also agree that any alcohol purchased from Blue Streak Wines & Spirits is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 Blue Streak Wines & Spirits will reserve the right to prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all wine passes from Blue Streak Wines & Spirits to the purchaser at time of purchase and the purchaser takes all responsibility for the shipping it from the store to his/her home state. By arranging for transportation of the wine, Blue Streak Wines & Spirits is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Blue Streak Wines & Spirits, the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of wine. 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 wine and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Blue Streak Wines & Spirits Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Blue Streak Wines & Spirits. Blue Streak Wines & Spirits neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Blue Streak Wines & Spirits Site by anyone other than authorized Blue Streak Wines & Spirits employees acting in their official capacities.
Parental Control Protections
As required by the Communications Decency Act of 1996, Blue Streak Wines & Spirits hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. Blue Streak Wines & Spirits does not sponsor or endorse any of these companies or their services.
The Blue Streak Wines & Spirits Site may contain links to other web sites or resources. You acknowledge and agree that Blue Streak Wines & Spirits is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Blue Streak Wines & Spirits Site does not imply that Blue Streak Wines & Spirits endorses the linked site.
Gift certificates may not be redeemed through the BlueStreakWine.com website and may only be used in the physical store located at 4720 Center Blvd., Long Island City, NY 11109. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. We are not responsible for lost or stolen gift certificates. If you have any questions, please visit http://bluestreakwineandspirits.lightspeedwebstore.com/contact-us. Blue Streak Wines & Spirits may provide gift certificate purchasers with information about the redemption status of gift certificates.
BLUE STREAK WINES & SPIRITS will give you any necessary notices by posting them on the Blue Streak Wines & Spirits Site. You authorize BLUE STREAK WINES & SPIRITS to send notices via electronic mail as well if BLUE STREAK WINES & SPIRITS decides, in its sole discretion, to do so. You agree to check the Blue Streak Wines & Spirits Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Blue Streak Wines & Spirits Site.
Disclaimer of Warranties
ALTHOUGH BLUE STREAK WINES & SPIRITS ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE BLUE STREAK WINES & SPIRITS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE BLUE STREAK WINES & SPIRITS SITE. BLUE STREAK WINES & SPIRITS DOES NOT WARRANT THAT YOUR USE OF THE BLUE STREAK WINES & SPIRITS SITE, OR THE OPERATION OR FUNCTION OF THE BLUE STREAK WINES & SPIRITS SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE BLUE STREAK WINES & SPIRITS SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. BLUE STREAK WINES & SPIRITS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE BLUE STREAK WINES & SPIRITS SITE. THE BLUE STREAK WINES & SPIRITS SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL BLUE STREAK WINES & SPIRITS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE BLUE STREAK WINES & SPIRITS SITE, THE USE OR PERFORMANCE OF THE BLUE STREAK WINES & SPIRITS SITE, THE DELAY OR INABILITY TO USE THE BLUE STREAK WINES & SPIRITS SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BLUE STREAK WINES & SPIRITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BLUE STREAK WINES & SPIRITS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BLUE STREAK WINES & SPIRITS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLUE STREAK WINES & SPIRITS SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLUE STREAK WINES & SPIRITS SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS BLUE STREAK WINES & SPIRITS'S LIABILITY OR YOUR REMEDIES.
Termination of your Blue Streak Wines & Spirits Account
Blue Streak Wines & Spirits may terminate your Blue Streak Wines & Spirits Account with or without cause at any time effective immediately.
No Responsibility to Sell Mispriced Products or Services
Blue Streak Wines & Spirits shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Blue Streak Wines & Spirits shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Blue Streak Wines & Spirits shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms
BLUE STREAK WINES & SPIRITS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Blue Streak Wines & Spirits shall be excused from performance under this Terms of Service if Blue Streak Wines & Spirits is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Blue Streak Wines & Spirits.
The following provisions shall survive any termination of these Terms of Service: No Warranty from Blue Streak Wines & Spirits, Limitation of Liability, Indemnity and General Provisions.
Any dispute or claim relating in any way to your use of any Blue Streak Wines & Spirits Service, or to any products or services sold or distributed by Blue Streak Wines & Spirits will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Blue Streak Wines & Spirits Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Blue Streak Wines & Spirits.
Blue Streak Wines & Spirits will accept returns of unopened and undamaged items with their corresponding receipt, within one week of purchase. If the purchase was made with using credit, customers may be asked to produce the credit card used for the transaction. Returns can only be made in the physical store.
If you have any questions about these Terms of Service, please contact us.
The Terms of Service were updated June 17, 2016.