TERMS & CONDITIONS
Last Updated: April 1, 2024
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY:
Welcome to the Internet sites of Sayless Spritz, LLC ("saylessspritz.com"). The Sayless Spritz includes saylessspritz.com, and other Internet sites affiliated with Sayless Spritz, LLC, (each a "saylesspritz.com Site"). Each Sayless Spritz Site is operated by Sayless Spritz, LLC, and its affiliates (collectively referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE SAYLESS SPRITZ SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS & CONDITIONS"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS & CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS SAYLESS SPRITZ SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SAYLESS SPRITZ SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS & CONDITIONS MAY BE UPDATED BY SAYLESS SPRITZ FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SAYLESS SPRITZ SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS & CONDITIONS.
Section 1. USER OBLIGATIONS
You agree not to do any of the following while using the Sayless Spritz Site:
Intentionally or unintentionally violate any applicable law or regulation.
Access, tamper with, or use nonpublic areas of the Sayless Spritz Site or saylessspritz.com's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
You will not access the Sayless Spritz Site with any manual or automated process for any purpose other than to purchase Sayless Spritz products and services as expressly allowed by these terms and conditions. Use of any automated system or software to extract data from the Sayless Spritz Site (“data scraping”) is prohibited, regardless whether such use is for commercial or noncommercial purposes.
Frame or link to the Sayless Spritz Site except as permitted in writing by Sayless Spritz.
Section 2. THE SALE OF ALCOHOLIC BEVERAGES
The Sayless Spritz 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. The Sayless Spritz 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 Sayless Spritz is over the age of 21. You also agree that any alcohol purchased from Sayless Spritz 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 Sayless Spritz will prosecute you fully to the extent allowable by law.
Section 3. TITLE AND OWNERSHIP
Title to, and ownership of, all spritzers passes from Sayless Spritz to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the spritzers, Sayless Spritz is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Sayless Spritz, 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 spritzers. 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 spritzers and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
Section 4. THIRD PARTY CONTENT AND MONITORING
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Sayless Spritz Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Sayless Spritz. The Sayless Spritz neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Sayless Spritz Site by anyone other than authorized Sayless Spritz employees acting in their official capacities.
Section 5. PARENTAL CONTROL PROTECTIONS
As required by the Communications Decency Act of 1996, Sayless Spritz 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. The Sayless Spritz does not sponsor or endorse any of these companies or their services.
Section 6. LINKS
The Sayless Spritz Site may contain links to other websites or resources. You acknowledge and agree that Sayless Spritz is not responsible or liable for (1) the availability or accuracy of such websites or resources; or (2) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the Sayless Spritz Site does not imply that Sayless Spritz endorses the linked site.
Section 7. ESTIMATED DELIVERY DATE
Sayless Spritz uses a third-party delivery service. Delivery times therefore serve as an estimated delivery date from the third-party. Delivery dates take transit times into account including weekends, holidays, and your chosen shipping speed. The Sayless Spritz gives orders to our third-party delivery service without undue delay, but we will notify you if there is a delay on our part of items being shipped.
Section 8. CANCELING AN ORDER
If you need to cancel your order, please contact us as soon as possible. For orders that have yet to ship from our warehouses, we will cancel your order and issue a full refund. If your order has already shipped, the items must be returned within 30 days of the date of delivery. You will be refunded less shipping fees. Items must be in their original packaging, unused and in the same condition that you received them. Please contact hello@saylessspritz.com for assistance before returning any goods.
Section 9. REFUNDS
Once your return is received and inspected, we will send you an email acknowledging receipt and notifying you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 30 days. Appeasements, if any, are given at the sole discretion of Sayless Spritz. Please contact hello@saylessspritz.com for assistance.
Section 10. EXCHANGES
We replace items only if they are deemed defective or damaged, and we have additional stock on hand. Please contact hello@saylessspritz.com for assistance.
Section 11. DAMAGED IN TRANSIT
If you receive items that have been damaged during transit, please contact hello@saylessspritz.com within 30 days of delivery. Include a description of the damage and pictures if possible; this is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced. The Sayless Spritz is not responsible for any loss, damage, or dissatisfaction that occurs following delivery.
Section 12. TERMS - CHANGES, TERMINATION AND LIABILITY
Agreement Changes: The Sayless Spritz may in its discretion change and update these Terms & Conditions, without prior notice to you. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
Section 13. PROTECTION OF CONTENT PROVIDED BY SAYLESS SPRITZ AND ITS LICENSORS
All text, prices, graphics, logos, icons, images, audio clips and software on the Sayless Spritz Site ("Site Content") are copyrighted materials owned by or licensed to Sayless Spritz. The Site Content may contain trademarks, service marks and trade names which are owned by Sayless Spritz and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Sayless Spritz, its affiliates, or third parties. "Sayless Spritz" is a trademark of Sayless Spritz. Unless authorized in writing by an officer of Sayless Spritz, Sayless Spritz's trademarks may not be used in connection with any product or service that is not Sayless Spritz's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sayless Spritz. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Sayless Spritz or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Sayless Spritz Site. Nothing contained in the Sayless Spritz Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Sayless Spritz, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to Sayless Spritz, its affiliates, and/or any third party, as applicable.
Section 14. COPYRIGHTS AND DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT
Sayless Spritz respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact hello@saylessspritz.com the following information:
Claims of infringement should be in writing and should be directed to Sayless Spritz’s designated contact information as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Section 15. DISCLAIMER OF WARRANTIES
ALTHOUGH SAYLESS SPRITZ ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SAYLESS SPRITZ SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SAYLESS SPRITZ SITE. SAYLESS SPRITZ DOES NOT WARRANT THAT YOUR USE OF THE SAYLESS SPRITZ SITE, OR THE OPERATION OR FUNCTION OF THE SAYLESS SPRITZ 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 SAYLESS SPRITZ 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. SAYLESS SPRITZ AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SAYLESS SPRITZ SITE. THE SAYLESS SPRITZ 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.
Section 16. LIMITATION OF LIABILITY
IN NO EVENT SHALL SAYLESS SPRITZ 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 SAYLESS SPRITZ SITE, THE USE OR PERFORMANCE OF THE SAYLESS SPRITZ SITE, THE DELAY OR INABILITY TO USE THE SAYLESS SPRITZ SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SAYLESS SPRITZ SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAYLESS SPRITZ SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAYLESS SPRITZ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SAYLESS SPRITZ SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SAYLESS SPRITZ SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS SAYLESS SPRITZ'S LIABILITY OR YOUR REMEDIES.
Section 17. ACCESSIBILITY INFORMATION
Sayless Spritz strives to have our website and mobile applications accessible and user-friendly to everyone. We believe that all adults should be able to share our passion and be able to buy spritz and spirits online.
Section 18. PRIVACY POLICY
Your use of the Sayless Spritz Site is governed by the Sayless Spritz, LLC Privacy Policy. Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings).
By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your device as explained in the Privacy Policy.
Section 19. NO RESPONSIBILITY TO SELL MISPRICED PRODUCTS OR SERVICES
Sayless Spritz 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. Sayless Spritz 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, Sayless Spritz shall immediately issue a credit to your credit card account in the amount of the charge.
Section 20. MODIFICATIONS TO PRICES OR BILLING TERMS
SAYLESS SPRITZ 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.
Section 21. GENERAL PROVISIONS
You agree that Sayless Spritz and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Sayless Spritz Site may not be legal by certain persons or in certain countries. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Sayless Spritz to enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sayless Spritz in writing. The Terms & Conditions , along with the Sayless Spritz Privacy Policy, comprises the entire agreement between you and Sayless Spritz and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms & Conditions are personal to you and you may not transfer, assign, or delegate these Terms & Conditions to anyone without the express written permission of Sayless Spritz. Any attempt by you to assign, transfer, or delegate these Terms & Conditions without the express written permission of Sayless Spritz shall be null and void. These Terms & Conditions will insure to the benefit of Sayless Spritz's successors, assigns, and licensors. The paragraph headings in these Terms & Conditions, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
Section 22. DISPUTE RESOLUTION
Certain portions of this Terms & Conditions are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Sayless Spritz agree that we intend that this satisfies the “writing” requirement of the Federal Arbitration Act.
Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, these Terms, our products, or any additional terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of our actual or alleged intellectual property rights (an “Excluded Dispute”), which includes those actions set forth herein, then the parties agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you using the most recent contact information that you provide to us; if no such information has been provided or if such information is not current, then we owe you no obligation under this Section. Your notice to us must be sent to: Sayless Spritz, LLC. 111 West Maple Street, 1102, Chicago Illinois 60610, United States. For a period of sixty (60) days from the date of receipt of notice from the other party, Sayless Spritz and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Sayless Spritz to resolve the Dispute or Excluded Dispute on terms which you or Sayless Spritz, in each of our/your sole discretion, are not comfortable.
Section 23. APPLICABLE LAW
By using any Sayless Spritz 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 Terms & Conditions and any dispute of any sort that might arise between you and Sayless Spritz.
Section 24. ENSURE SECURE DELIVERY WITH ADULT SIGNATURE CONFIRMATION
At Sayless Spritz, we prioritize the security and satisfaction of our customers. That's why we're introducing a new addition to our Terms and Conditions - adult signature confirmation upon delivery for all orders of our premium canned wine spritz.
By requiring an adult signature upon delivery, we provide an extra layer of protection and peace of mind for our valued customers. This ensures that your order reaches a responsible adult securely and that you have full control over its receipt.
With adult signature confirmation, you can trust that your shipment of delicious canned wine spritz will be delivered safely and responsibly. It's just one more way we're committed to delivering excellence in every aspect of your experience with us.
If you have any questions about these Terms & Conditions, please contact us.
CHANGES TO THESE TERMS
We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Site (we may also email you about any material changes to these Terms). We want you to be informed of important changes to our Terms, but some changes are not that important — we don't want to bother you every time we fix a typo. So, while we may modify these Terms at any time, we will notify you of any changes that affect your rights. We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice.
REFUND POLICY
Effective Date: December 19, 2023
Returns:
Sayless Spritz aims to ensure customer satisfaction with every purchase. If you are not entirely satisfied with your order, we're here to help.
Eligibility:
To be eligible for a return, your item must be unused, in the same condition as received, and in its original packaging. It must also be returned within 30 days of the purchase date.
Non-Returnable Items:
Unfortunately, we cannot accept returns on perishable goods, personalized items, or gift cards.
Refund Process:
To initiate a return, please contact our customer support team at hello@saylessspritz.com.
Provide your order number, details of the item(s) you wish to return, and the reason for the return.
Our team will guide you through the return process, including the shipping details for the return.
Refund Timeline:
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within 10 days.
Late or Missing Refunds:
If you haven’t received a refund within the specified timeframe, please check your bank account first. Then, contact your credit card company, as it may take some time before your refund is officially posted. If you’ve done all of this and still have not received your refund, please contact us at hello@saylessspritz.com.
Shipping Costs:
The cost of return shipping will be deducted from your refund unless the return is due to our error.
Contact Information:
For any questions or concerns regarding returns and refunds, customers can contact our customer support team at hello@saylessspritz.com.
Sayless Spritz reserves the right to update or modify this Refund Policy at any time. Customers are encouraged to review this policy periodically for any changes.
SHIPPING POLICY
Effective Date: November 20, 2023
Sayless Spritz ships to the following states: Alabama, California, Colorado, District of Columbia, Florida, Georgia, Iowa, Idaho, Illinois, Massachusetts, Maine, Michigan, Missouri, North Carolina, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, New York, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Virginia, and Washington.
Shipping Rates:
If no special offers or shipping discounts are applicable, standard shipping rates will be in effect. The precise shipping cost will be calculated at checkout based on the destination and weight of the items.
Shipping Methods:
For domestic orders, Sayless Spritz primarily employs standard shipping methods, allowing customers to select their preferred method during checkout.
Order Processing:
Orders are typically processed and shipped within 1-2 business days from the date of purchase. However, during peak seasons or promotional periods, processing times may be extended.
Shipping Destinations:
Sayless Spritz currently ships only within the selected states in the United States. Unfortunately, international shipping is not available at this time.
Order Tracking:
Once your order has been processed and shipped, a tracking number will be provided via email. Customers can utilize this information to track the status and delivery of their packages.
Delivery Times:
Standard delivery times vary based on the destination but generally range from 3 to 7 business days.
Address Accuracy:
Customers are responsible for providing accurate shipping information. Sayless Spritz will not be held accountable for any delays or issues arising from inaccurate addresses.
Shipping Updates:
Customers will receive regular updates on their order status, including confirmation emails, tracking information, and delivery notifications.
Contact Information:
For any questions or concerns regarding shipping, customers can contact our customer support team at hello@saylessspritz.com.
Special Offers - IF ANY - including Free Shipping on Orders Over $50:
Sayless Spritz is pleased to provide free standard shipping on all orders over $50 within eligible states in compliance with state laws and regulations governing the shipment of alcoholic beverages. This special offer is not permanent, and Sayless Spritz reserves the right to remove it.
Shipping Policy for Damaged Items:
In the rare event that items are damaged during shipping, customers must contact Sayless Spritz within 48 hours of receiving the package. Please provide clear photos of the damaged items and packaging to hello@saylessspritz.com. Sayless Spritz will investigate the issue and, if necessary, initiate a replacement or refund.
Sayless Spritz reserves the right to update or modify this Shipping Policy at any time. Customers are encouraged to review this policy periodically for any changes.