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Last Updated: March 24, 2024
AGREEMENT TO OUR LEGAL TERMS
This agreement (the “Legal Terms”) is a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and QM 1 LLC doing business as Bubbles of Britain, its affiliates, and its and their respective parents and subsidiaries (individually and collectively, “Bubbles of Britain”, “Company”, “we”, “our” or “us”), and applies to your use of the URL, https://bubblesofbritain.com/, and all other websites, social media pages and accounts owned by the Company (individually and collectively, the “Company Sites”). Through the use of the Company Sites, the Company markets wines and related products directly to consumers, and offers consumers the opportunity to take advantage of various services offered by the Company including, without limitation, the opportunity to purchase wine and related products from Licensed Retailers (the “Services”).
You agree that by accessing the Company Sites, you have read, understood, and agreed to be bound by all of these Legal Terms and our Privacy Policy. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS AND PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND COMPANY SITES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Company Sites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Company Sites and Services after the date such revised Legal Terms are posted.
I. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. According, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if to the extent local laws are applicable.
Wines and offers may vary by state. The Company and the Licensed Retailer 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 and the Licensed Retailer reserve the right to cancel affected orders and refund the charge to you as your sole remedy. The Company and the Licensed Retailer reserve the right to change product pricing and discounts offered at any time.
II. CONTACT INFORMATION
If you have any requests, questions or comments about your orders made in connection with the Services, your Account, your PII, the Company Sites, or any other questions or comments relating to our products and services, please contact us by email at help@bubblesofbritain.com.
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.
III. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Company Sites, Services, including text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software in the Company Sites (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws. No part of the Company Sites, Services, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the express prior written permission.
If you wish to make use of the Company Sites, Services, Content or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: help@bubblesofbritain.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Company Sites, Services, or Content, you must identify us as the owners or licensors of the Company Sites, Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Company Sites, Content and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Company Sites and Services will terminate immediately.
Your Submissions
Please review this section and the “User Obligations” section carefully prior to using our Company Sites or Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Company Sites.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Company Sites or Services (“Submissions”), you agree to assign us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You are responsible for what you post and upload: By sending Submissions through any part of the Company Sites you:
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) the third party’s intellectual property rights, or (c) applicable law.
IV. USER REPRESENTATIONS
By using the Company Sites or Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not under the age of 21; (3) you will not access the Company Sites through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Company Sites or Services for any illegal or unauthorized purpose; and (5) your use of the Company Sites or Services will not violate any applicable law or regulations.
If you provide information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Company Sites or Services (or any portion thereof).
V. USER OBLIGATIONS
You agree not to do any of the following while using the Company Sites or Services:
VI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COMPANY SITES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE COMPANY SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SITES IS AT YOUR SOLE RISK.
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 Sites; (ii) anything you post to the Company Sites; (iii) your violation of these Legal Terms; (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 Sites using a computer or Internet access account that you provided to such person.
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.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY SITES’ OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SITES’ OWNER DOES NOT WARRANT THAT THE COMPANY SITES, ITS’ SERVERS, OR EMAIL SENT FROM THE COMPANY SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS COMPANY SITES’ OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE COMPANY SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By placing an order on the Company Sites or utilizing the Services, you submit that you are 21 years of age or older, and that you understand and agree to the Alcohol Beverage Control laws in your state.
The information contained in this website is for general information purposes only. The information is provided by Bubbles of Britain and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Company Sites or the information, products, Services, or related graphics contained on the Company Sites for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is therefore strictly at your own risk.
VII. DISPUTE RESOLUTION; ARBITRATION PROVISION
In the event of any claim or dispute between you and Bubbles of Britain related to your use of the Company Sites, Services, or any representations or statements by Bubbles of Britain to you, whether such claim arises out of statute, contract or tort, the claim or dispute shall be submitted to binding arbitration upon the request of either party upon the service of that request on the other party. Further, all such claims may be brought on an individual basis only, and not by way of class, collective, or representative action. Such disputes include without limitation disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision.
The parties shall agree on a single Arbitrator to resolve the dispute. The matter may be arbitrated either by the Judicial Arbitration Mediation Service or American Arbitration Association as selected by the party filing the claim. The arbitration shall be conducted in Connecticut or in the same city as the U.S. District Court closest to your billing address at the option of the party requesting arbitration. Any decision of the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction. Unless the law requires otherwise, you and Bubbles of Britain will equally share in the cost of arbitration and each party shall bear its own attorneys fees and costs.
This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration and constitutes a waiver of your right to have your dispute resolved by a jury or in any other forum. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying Bubbles of Britain in writing of your desire to opt out of this Arbitration Provision within thirty (30) days of the date of your agreement to Bubbles of Britain Legal Terms, including this Arbitration Provision.
This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and evidences a transaction involving commerce. If any portion of this Arbitration Provision, or the rules of the Judicial Arbitration Mediation Service or American Arbitration Association, are determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid or unenforceable, such portions shall be severed or modified so that this Arbitration Provision may be enforced to the greatest extent permissible under the law.
VIII. WAIVER OF STATUTORY CLAIMS
By agreeing to these Legal Terms, 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.
IX. THE SALE OF ALCOHOLIC BEVERAGES
The Company’s role in the transactions contemplated by these Legal Terms is that of a service provider that enables you, the consumer, to purchase wine and related products from those retailers and wineries holding valid licenses issued by state alcohol beverage agencies allowing for the legal sale of wine (the "Licensed Retailers") and to participate in the Services and/or any other product offers offered on the Company Sites. You acknowledge that all orders of wine and related products you place through the use of the Company Sites are processed and fulfilled by such Licensed Retailers, as the actual sellers of wine, and not by the Company, except where the company is legally able to do so (CT, DC & FL). Any wine you purchase through the use of the Company Sites from the Licensed Retailers must be for personal consumption only and not for resale.
X. SHIPPING AND DELIVERIES
All orders are shipped by the applicable Licensed Retailers. 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 by the Licensed Retailer. 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 applicable Licensed Retailer related to such orders. The Licensed Retailers do not ship to states, counties or cities where shipping wine is prohibited by law. Our Licensed Retailers currently ship to the following states: CT, DC, FL, NJ & NY. Product availability and limitations on orders vary by state. Proof that you are twenty-one (21) years of age will be required upon delivery.
XI. OUR RETURN POLICY
The Company and the Licensed Retailers 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 at help@bubblesofbritain.com.
If you believe you have received flawed wine or an incorrect product, contact us within 7 days of the receipt of the order and we will arrange a return shipment of the wine. Upon arrival back at our facility the product will be subject to a staff evaluation. If it is determined that the wine is flawed or does not match the listing on the website, we will offer a replacement. If the product is sound and was originally shipped as listed on the order, you will be responsible for both the original and return shipping charges and a 10% restocking fee.
In the case of flawed wine, please do not continue to open and try bottles as we can only compensate for the 1st opened bottle. All bottles, opened and unopened, must be returned in order to receive credit.
We fill orders based on the listing of the item not the image displayed. If there is a discrepancy over an image on our website, or you question the image, feel free to contact us prior to placing your order. We will not return or exchange an item based on its presented image.
Once an order has been changed to a status of assembled, it cannot be modified. Once an order has left the Licensed Retailer’s facility, it cannot be cancelled.
If your order returns to the Licensed Retailer’s facility due to unavailability of an adult signature or refusal at the shipping address listed on the order, it will be cancelled and you will be refunded for the bottles returned less the original shipping charges and a 10% restocking fee.
XII. 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.
XIII. THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on the Company Sites by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Bubbles of Britain. Bubbles of Britain neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Company Sites by anyone other than authorized Bubbles of Britain employees acting in their official capacities.
You may have contact or other interaction with third parties in connection with clicking third party links on the Company Sites and being directed to third party websites (the "Third Party Services"). You hereby acknowledge and agree that you are proceeding at your own risk and any such Third Party Services 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 Services, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with such Third Party Services ("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.
XIV. PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, Bubbles of Britain 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. Bubbles of Britain does not sponsor or endorse any of these companies or their services.
XV. LINKS
The Company Sites may contain links to other websites or resources. You acknowledge and agree that Bubbles of Britain 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 websites or resources. The inclusion of any link on the Company Sites does not imply that Bubbles of Britain endorses the linked site.
Bubbles of Britain reserves the right to change these terms and conditions from time to time at its discretion.
XVI. NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
Bubbles of Britain 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. Bubbles of Britain 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, Bubbles of Britain shall immediately issue a credit to your credit card account in the amount of the charge or offer a store credit.
XVII. DRINK RESPONSIBLY
Excessive or irresponsible consumption of alcohol may have personal, social or health consequences. As part of its commitment to responsible consumption, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind. We are committed to promoting the responsible advertising of our products and encouraging improved advertising standards for the industry as a whole.
All terms and conditions are applicable to the extent permitted by law.
PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR
Copyright © 2024 Bubbles of Britain - All Rights Reserved.
Orders are fulfilled by a licensed retailer in your selected delivery state.
Connecticut Permits #s: LIW.0000756 & LCL.0000734
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