The use of TM Liquors, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon, and purchase of TML goods and services through this website is conditioned upon your acceptance of these Terms of Service. If you do not agree to these Terms of Service, you may not access or otherwise use this website.
You must be of legal drinking age in your respective country or older to access or otherwise use this website. We encourage you to drink responsibly. If you choose to enjoy adult beverages, you should act like an adult. If you drink, be a hero and don’t drive.
Introduction
TM Liquors (TML)
This website is operated by Flaviar, Inc. dba TM Liquors. Our registered office is; 9318 Zane Ave N, Minneapolis, MN 55443, United States. Our main trading address is the same.
Services
TML offers this website, including all information, tools and services (our “Services”) available from this site to you, the user. The use of Services is conditioned upon your acceptance of all terms and conditions included in this document (the “Terms of Service”, “Terms and Conditions” or just “Terms” for short) and the other documents that we reference below (Privacy Policy, Cookie Policy, Refund Policy and Shipping & Returns). The Terms are a legally binding contract between you and TML and apply to all users of the website, including without limitation users who are visitors, browsers, vendors, customers, members, merchants, and/or contributors of content.
If you do not agree to all the Terms of Service of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service.
Your Status
By using this website, you affirm and/or acknowledge the following:
- You are of legal drinking age in your respective country.
- The recipient (in case TML Services are your gift to someone) is of legal drinking age in his country of residence.
- You’re legally capable of entering into binding contracts.
- Your order is intended for personal consumption and not for sampling or resale purposes.
When you register and join the TML, you become a free member (“Free Member”), free of charge. If you buy any of our paid Services, you become a paying member (“Paying Member” or, simply, “Member”). If you have chosen not to register for our Services, you may access certain features as a visitor (“Visitor”).
As a Visitor, Member or Free Member of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy, Cookie Policy and their updates.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We may revise them at any time by amending this page. If we believe that the changes are material, we’ll let you know by posting the changes through the Services or sending you an email about the changes.
You are expected to check this page from time to time to take notice of any changes we made, and decide whether you want to continue using the Services. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Some of the provisions contained in these Terms of Service may also be superseded by provisions or notices published elsewhere on our website.
No change to the Terms of Service shall be valid unless changed in writing and posted on this page.
TML account and registration
Registration
You’ll need to create an account with TML to use some of our Services. You must be of legal drinking age in your respective country (or older) to register. Please provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
A person is only allowed to have one account registered with TML. Multiple accounts under single ownership is considered a breach of Terms and will be terminated accordingly. You agree to not transfer any part of your account (e.g., connections). We do not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
TML Account is your Responsibility
You’re solely responsible for any activity on your account. You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this website, you represent you are qualified and authorized to use this website under the account registered.
Since you agree to be solely responsible and liable for any and all activities that occur under your account, it’s important to keep your account username and password secure.
Personal information
You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account and personal information. If you become aware of any unauthorized use of account information, you agree to notify us immediately.
Your submission of personal information through the store is governed by our Privacy Policy. You acknowledge that you have read, understood and will comply with the terms of our Privacy Policy and these Terms of Service.
Shopping on TM Liquors
Relationship between You, TML and Retailer(s)
When you place an order to purchase products using our website, you are not purchasing that product from us. RATHER, YOU ARE PURCHASING PRODUCTS FROM A THIRD PARTY LICENSED TO SELL BEVERAGE ALCOHOL. PLEASE NOTE – WE NEVER TAKE TITLE TO THE PRODUCT.
Marketplace offers
TML operates a marketplace where we display products from a network of independent Vendors, retailers, manufacturers and other licensed parties. Each product or service listed is not an offer to purchase such product or service but an invitation to make an offer. You acknowledge and agree that TML does not sell, offer to sell, invite to sell, or solicit any offers. IN ALL INSTANCES, ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED AND MADE BY VENDORS WHO RECEIVE ALL ORDERS. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. TITLE AND OWNERSHIP OF ALL PRODUCTS AND ALL RISK OF LOSS WILL PASS FROM RETAILER TO YOU AT THE STORE OF THE RETAILER, WITHIN THE STATE IN WHICH THE RETAILER IS LICENSED. It is your sole responsibility to ship or arrange for shipping from that retailer within the state or to the state you have chosen. As per your instructions, TML or retailer may provide service, and act on behalf of you, to arrange for shipping or transportation of any product. You are responsible to know the law of the state in which you live or to which you wish the goods shipped, and by having us or the retailer arrange shipping on your behalf, you are representing that you are acting in compliance with the laws and regulations of your state, county, and municipality that apply to you and the purchase, shipping, transportation and delivery of products, that you have obtained all required permissions, and are working through properly licensed intermediaries where required. You are responsible to pay any state and local excise taxes and use taxes. DO NOT PLACE AN ORDER, IF YOU DO NOT WISH TO MAKE REPRESENTATIONS AND WARRANTIES IN THIS PARAGRAPH.
You agree to indemnify us and to hold us harmless against any damages (including attorneys’ fees) resulting from any claim that the goods purchased by you cannot be legally sent into the state in which you live by a person who owns such goods and has purchased them for his or her personal consumption or that you have exceed the amount of goods which may be shipped into the state for personal consumption or that any taxes or duties which may be imposed upon such shipment or consumption have not been paid.
If you wish to purchase any product or service made available by a Vendor, you may be asked to supply certain information relevant to the purchase including, without limitation, your credit card information, your billing address and your shipping information. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to TML and to Vendors the right to provide such information to third parties consistent with our Privacy Policy and their privacy policies. If you have any questions regarding a Vendor’s privacy policy, please contact us before purchasing a product.
You understand that TML may accept payment from or charge fees to the retail licensee and other parties to transactions in which you are involved as a purchaser. You agree that you have waived any claim of conflict of interest, breach of fiduciary obligation or any other similar claim.
Returns and Refund Policy
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities may not be returnable and—if returnable—may be returned or exchanged in accordance with the Refund Policy and Shipping & Returns.
Please note that when you make a purchase offer, we will forward such an offer to a licensed third party Vendor, who may or not accept such offer. The return policy of that Vendor and the laws of the state (or country) in which that Vendor is licensed, may determine whether the goods may be returned and if so, the applicable return policy.
Products or Services may be limited in availability as to person, geographic region or jurisdiction. You agree that we may exercise the right to limit the products we are willing to purchase or services we are willing to perform on a case-by-case basis. We reserve the right to discontinue Services in relation to any product at any time. Any offer for any product or service made on this website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
For detailed information, please read our annexed documents – Shipping & Returns and Refund Policy.
Our Right to Cancel Orders
We reserve the right to cancel orders at our discretion and at any stage of the order fulfillment process. We will provide a reason and you will be notified of our actions via email within a reasonable period of time, but usually as soon as possible. We’ll refund any money received from you to the method of payment originally used unless agreed otherwise (i.e. store credit). We will use this liberty with extreme caution and forethought.
We may cancel orders that we suspect were placed using incorrect information, misuse of store credit and promotion codes, and other forms of fraud. If that is the case with your order, a Customer Care representative may contact you first by email and give you a reasonable amount of time to respond to our concerns. Another reason for us to cancel your order is if a Vendor does not accept your offer, usually because it cannot be fulfilled due to unavailability. Other possible reasons would include pricing and inventory errors (we rely on the diligence of our Vendors to keep the store prices up to date). It does not happen often, but just in case, and for these kinds of cases, we don’t take any responsibility for damages caused due to longer fulfillment times or inability to deliver items.
In case we need to cancel your order, the refund will be normally processed immediately but no later than 30 days from cancellation. The funds will be returned to the original payment method.
Prices and payments
Pricing Error and Tax
The price payable for Services will be as quoted on our website, except in cases of obvious ‘doh!’ error. If there’s an obvious pricing error which could have reasonably been recognized by you as a mispricing then we have the right to cancel any Services in respect of the deal and issue you a refund in respect of the same.
US Sales Tax calculated during the checkout process is an estimation. The final amount of Sales Tax may differ, but the total amount you pay for your order will not be affected (applies to US customers only).
Payment for all Services may be made by credit or debit card. We may sometimes pre-authorise your credit card, debit card and/or other methods of payment when you buy a Membership but will only charge your credit or debit card up to 30 days before your Membership renewal.
Ensuring that any relevant duties or local taxes have been paid remains the sole responsibility of the customer and we will not be liable for any actions undertaken without the appropriate duties having been paid subsequent to the sale.
Prices subject to change
Prices for the Services on the website are subject to change without notice. We reserve the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Accuracy of billing information
You agree to provide current, complete and accurate purchase information for all purchases and offers you ask us to place on your behalf. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction. By submitting such information, you grant to Caskers and to Vendors the right to provide such information to third parties consistent with our Privacy Policy and their privacy policies. If you have any questions regarding a Vendor’s privacy policy, please contact us before purchasing a product.
Website services
Service access
While we endeavor to ensure that the website is normally available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Sorry about that.
Errors, inaccuracies and omissions
Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or offers if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Privacy and security
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Store
All pictures shown are for illustrative purposes only. Actual products may vary in, for example, edition or batch.
Credits, gift certificates and invitations
Credits
There are a number of ways to gain credits. You can spend credits on all non-recurring transactions. Credits expire 365 days after you earn them. Current balance and status of the credits can be reviewed by logging into your TML account. The credits and gift certificates will be issued by TML and not our Vendors and will carry no cash value and will expire (if they expire) on the date specified. Credits are non-transferrable and may not be reactivated once expired.
Credits and promo codes are only valid if gained and used for the purpose as intended by us. Using them in another way can result in credit removal from your account or any existing offers, canceling an offer, or terminating the user account. If any such action is taken on our part the customer is notified.
Any misuse of TML’s referral mechanism is strictly prohibited and can result in actions as described above, and reporting to the authorities. You may not participate in any referral, credit or certificate program if any applicable laws or regulations prohibit doing so.
Gifts
Unredeemed Gift Vouchers expire in 5 years.
DDM Referral Program
We may offer a credit for new-member referrals (“New Member Credits”). New Member Credits, if any, will be issued by TML and not our Vendors. New Member Credits may only be earned after new members (“Recipients”) that have been invited by a current member (“Referrer”) make at least one completed and shipped purchase in the amount of $35 or more within the first 30 days upon receipt of their invitation. The Recipient and the Referrer cannot be the same person, for example, by using a different email address.
New Member Credits carry no cash value and can only be used for purchases on the website. New Member Credits expire one (1) month from the date of issue and are non-transferrable. New Member Credits granted by any other means other than as a result of the initial, completed and shipped purchase by a new member introduced to TML for the first time by a referring member are in violation of these Terms. You may not use spam to obtain referral credits, and you agree not to send invitations to join the website to people who are under the age of 21, who do not know you or who are unlikely to recognize you as a known contact.
Intellectual property
License
If you want to share the content on our website with your friends, we’d be delighted, but please use the sharing tools provided.
You’re permitted to print and download extracts from the website for your own non-commercial use on the following basis:
- no documents or related graphics on the website are modified in any way;
- no graphics on the website are used separately from the corresponding text; and
- our copyright and trademark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphical images) are owned by us or our licensors.
For the purposes of this legal notice, any use of extracts from the website other than in accordance with these Terms for any purpose is prohibited. If you breach any of the Terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.
Subject to these Terms of Service, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these Terms are reserved.
Your comments, feedback and other submissions
Other than personally identifiable information, which is covered under our Privacy Policy, any material (creative ideas, suggestions, proposals, plans, or other materials) you transmit or post to the website, or by email, by postal mail, or otherwise (“Comment” or, collectively, “Comments”) shall be considered non-confidential. By posting Comments through our Services, you grant TML a non-exclusive license to use them. We don’t claim any ownership to your Comments, but we have your permission to use them to help Caskers function and grow. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
Disclaimer of warranties and limitation of liability
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services are at your sole risk. The Services and all products delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO CASE SHALL TML, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF FIDUCIARY OBLIGATION OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE AS LIMITED AS THE LAW PERMITS.
Our liability
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of your order or membership you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms of Service by us that would entitle you to terminate the contract between us, including but not limited to:
- loss of income or revenue,
- loss of business,
- loss of profits or contracts,
- loss of anticipated savings,
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable).
Code of conduct
Prohibited uses
In addition to other prohibitions as set forth in these Terms, you agree that you will not:
- Create a false identity on TML, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account. You also agree not to submit any other false or misleading information. You are solely responsible for any information you post and its accuracy. We take no responsibility and assume no liability for any information posted by you or any third-party.
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission of TML. Use of our products is for personal use only and can not be used for any illegal or unauthorized purpose.
- Infringe upon or violate intellectual property rights of TML or the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
- Post or transmit to or from the website any material that’s threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience, or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.
- Post anything that contains software viruses, worms, logic bombs, Trojan horses, harmful components, corrupted data or other malicious software or harmful data.
- Spam, phish, pharm, pretext, spider, crawl, or scrape.
- Use the website or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful act. You agree not to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
A breach or violation of any of the Terms will result in an immediate termination of your account and our Services to you. Moreover, you may be liable to us for any damages resulting from your breach.
We may also take other action as we deem appropriate which may result in immediate, temporary or permanent withdrawal of your right to use our website, removal of any posting or material uploaded by you to our website; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Right to monitor and remove
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable or violates any other Term set in these Terms of Service. Any unacceptable behavior described herein will not be tolerated. Play nice!
Third-party links and optional tools
Third-party links
Certain content, products and services available via our Services may include materials from third-parties. Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.
We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Miscellaneous
Indemnification
You agree to indemnify, defend and hold harmless TML and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Governing law and headings
This agreement and any dispute arising out of it, including separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of MN. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of the State of MN.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire agreement, no waiver
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and by ceasing to use our website and Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Contact information
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:
TML
9318 Zane Ave N, Minneapolis, MN 55443, United States
Email: sales@tmliquors.com
These Terms and Conditions were last updated in December 2023.
Enough said. Let’s have a drink. Cheers.
