Terms of Sale
Effective Date: September 04, 2025
These Terms of Sale (the “Agreement”) constitute a legally binding agreement between Infinium Spirits Inc. (“we,” “us” and “our”) and you (“you” or “your”) (collectively, the “parties”). By placing an order with us, you agree to be bound by the terms below.
You should carefully review our Terms of Use that apply generally to the use of our Services, as well as our Privacy Policy, before placing an order for products through this site.
ELIGIBILITY
BY PLACING AN ORDER WITH US, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OLD.
CHANGES TO THE AGREEMENT
We may change this Agreement without notice at any time, in our sole discretion. You should review this Agreement before purchasing any product that is available through this site. Any such changes will automatically apply to purchases made on and after the date of such change.
TITLE AND RECEIVING AGENT
When you purchase product from us, you receive title after: (1) you pay for the product; and (2) the product has been delivered to you or your designee.
OUT-OF-STATE SALES
The following terms and conditions apply:
We make no representation to the legal rights of anyone to ship or import our products into any state.
You acknowledge and agree that various states impose limitations on the quantity of alcoholic beverages that may be purchased and brought into their jurisdictions without requiring the purchaser, the seller, or the shipper to possess certain licenses or permits.
WE DISCLAIM, AND YOU AGREE TO ASSUME, ALL OBLIGATION AND RESPONSIBILITY WHATSOEVER FOR APPLYING FOR OR OBTAINING ANY SUCH PERMITS OR LICENSES AND FOR ANY REPORTING OBLIGATIONS.
You will pay all applicable excise, use and sales taxes and fees related to your purchase of the products.
Prices do not include sales tax unless otherwise noted.
GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products from the site for your own personal or household use only, and not for resale or export.
REFUNDS
We sell directly to consumers only products of extraordinary quality and distinction. Please let us know immediately if you perceive a defect in the product you have purchased. We will respond promptly, considering your case in context; however, please understand that product we sell are not returnable, except in cases of defects present upon delivery to you or our inadvertent delivery of product that do not match your original order.
If you wish to return a product you believe to be defective, we may ask you to return the product, even if the bottle has been opened. You are responsible for all shipping and handling charges on returned items, and you bear the risk of loss during shipment. If we determine the product was defective when shipped, we will either refund the purchase price or exchange the product, as permitted by law and in our discretion.
PRODUCT DESCRIPTIONS
Product descriptions are drafted in good faith, but we cannot guarantee that product descriptions and/or specifications, pricing or any other content are accurate, complete, reliable, current or error-free. If information is incorrect due to typographical, informational, technical or other errors, we will not be liable for any loss or discrepancy with accurate data.
PRODUCT PRICING
PRICES DO NOT INCLUDE STATE AND LOCAL SALES TAX. Occasionally, despite our best efforts to be accurate, a product may appear on the website or offer of the product with an inaccurate price. If a product’s correct price is higher than the stated the price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
A) Representations and Warranties. We represents and warrants that: (1) for all products purchased by you, we have good title to the product and the transfer of title in and to the product shall be free and clear of liens, claims, or encumbrances; and (2) the product that you purchase from us is sourced directly from the producer and is the product identified and described by the bottle’s label.
B) DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE HEREBY DISCLAIMS ALL WARRANTIES. THE PRODUCT AND OTHER PRODUCTS PURCHASED FROM US ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND OTHER PRODUCTS PURCHASED FROM US, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C) LIMITATION OF LIABILITY. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO US ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCT OR OTHER PRODUCTS FROM 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. ADDITIONALLY, IN THE EVENT THAT WE ARE UNABLE TO DELIVER ANY PRODUCT OR IN THE EVENT OF ANY BREACH OF WARRANTY, OUR SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR US TO REFUND TO YOU THE FULL AMOUNT OF THE PURCHASE PRICE.
D) APPLICATION.THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND US. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless our company and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors and assigns from and against any and all claims, actions, demands, causes of action and other proceedings, including but not limited to legal costs and attorneys’ fees, arising out of or relating to: (i) your breach of any representation or warranty contained in this Agreement; or (ii) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.
FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW; JURISDICTION & VENUE
This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in California, and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO SAN FRANCISCO, CALIFORNIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
PRIVACY
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal information collected from you in connection with your purchase of products through the site.
INTEGRATION AND SEVERABILITY
This Agreement, together with any ordering document or electronic order, constitutes the entire agreement between you and us concerning your purchase of the product or other products from us. This Agreement may only be modified by a written amendment signed by an authorized executive of our company. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior written consent of our company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
INQUIRIES
Please feel free to contact us at any of the following:
Email us: privacy@infiniumspirits.com
Call us: 800-574-7538
Write us: 510 Market Street, Suite 200
San Diego, CA 92101