Terms & Conditions

 THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE AT LEAST 21 YEARS OF AGE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 21 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through us.empirical.co (the “Site”). These Terms are subject to change by Empirical’s US Third Party Retail Partner AccelPay (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. 

For your reference, please find AccelPay’s Terms of Service, which include information about any orders you make from them, at the following hyperlink: https://www.accelpay.io/company/legal. PLEASE REGULARLY CHECK THE ACCELPAY WEBSITE TO VIEW THE THEN-CURRENT ACCELPAY TERMS.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site.

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. AccelPay network. If you have ordered one of the Products for delivery to an address in the USA, your order will be handled by licensed, third-party retailers in the AccelPay network, and your transaction will be facilitated through those retailers. AccelPay’s Privacy Policy, Terms of Use, ecommerce and payment terms and any other terms and conditions set forth by AccelPay apply to any purchase you make via AccelPay and are between you and the third-party retailers in the AccelPay network.
3. Sale of Alcoholic Beverages. We do not sell alcohol to persons under the age of 21. By using the Site you represent and warrant that you are over the age of 21. We make every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using the Site and ordering the goods from the Site, you are acknowledging that the person receiving a shipment of alcoholic beverages from us is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you do not agree with the foregoing conditions or any of the Terms please do not use the Site and do not attempt to order goods thereof. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 we will pursue any and all rights, claims and remedies to the extent allowable under applicable law in our sole discretion.
4. Prices and Payment Terms.
1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
2. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
3. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
5. Shipments; Delivery; Title and Risk of Loss.
1. Orders fulfill to the continental US only. 
2. Please note we cannot ship to a PO Box. 
3. Orders are fulfilled in 3-5 days. Standard delivery can take another 3-8 business days, depending on location. Your product will be delivered straight to your door and any order containing alcohol will require an adult signature and ID check upon delivery.
4. Our product is being shipped by a 3rd party partner (AccelPay's retailer network). 
5. Orders containing alcohol are fulfilled by licensed 3rd party retailers in the AccelPay network. Retailers use a variety of fulfillment carriers including GLS and UPS.  
6. If your order contains both alcohol and merchandise, they will be sent in separate shipments.
7. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
8. Due to ever changing direct-shipping laws and regulations, the list of states that we ship to may change from time to time. We will arrange for shipment on your behalf, to an address specified by you, provided that in our sole discretion we believe that such shipment will not subject us to risk of legal action or other harm. If you live in a state where the direct shipment of wine may violate the law, we will contact you to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of alcohol to consumers is permitted or the storage of alcohol at an acceptable third-party storage facility.
9. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. By arranging for transportation of goods, we are providing a service to, and acting on behalf of you. By utilizing this service from us, you represent and warrant that you are acting in a fashion compliant with your local and state laws regarding the purchase, transportation and delivery of alcohol. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of alcohol and are legally entitled to take quantities ordered and once again represent that you are 21 years of age.
6. Returns and Refunds. 
1. Orders that contain alcohol cannot be returned or exchanged. If you received the wrong item in your order, please email support@accelpay.io and we will make it right.
2. Orders may be requested to be canceled until they are shipped. A request to cancel does not guarantee cancellation. Please send requests to support@accelpay.io.
3. ACCELPAY can process refunds on a case-by-case basis. Please send a photo of the damaged or incorrect shipment to support@accelpay.io.
4. If your order arrives damaged send an email to support@accelpay.io with a photo of the damaged order and we will coordinate a reshipment within 3 business days.
7. Manufacturer's Warranty and Disclaimers.
1. All products and services offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.all products and services offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
2. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
3. You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer's failure to honor its warranty obligations to you.
8. Limitation of Liability.
1. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. 
2. Our sole and entire maximum liability and your sole and exclusive remedy shall be limited to the actual amount paid by you for the products and services you have ordered through our site.
3. The limitation of liability set forth above shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
9. Indemnification. You agree to defend, indemnify, and hold us harmless, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, including, but not limited to, the representations in Section 3 that you are over the age of 21, or that you are buying products from us for your own personal or household use only, and not for resale or export.
10. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms 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.
12. Governing Law and Jurisdiction. This Site is operated from the U.S.A. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of Washington DC without giving effect to any choice or conflict of law provision or rule (whether Washington DC or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Washington DC.
13. Dispute Resolution. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to these Terms, or at law, or the breach, termination or invalidity of these Terms, that cannot be settled amicably by agreement of the parties to these Terms shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules.  The place of arbitration shall be Washington, DC, U.S.A.
14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Empirical.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.