Welcome to Liquor and Smoke House

These terms and conditions outline rules and regulations for the use of Liquor and Smoke House's Website, located at https://www.liquorandsmokehouse.com By accessing this website we assume you accept these terms and conditions. Do not continue to use Liquor and Smoke House if you do not agree to the terms and conditions stated on this page.

Liquor and Smoke House as Merchant

Liquor and Smoke House operates as a licensed merchant selling alcohol, tobacco, and related products directly through its e-commerce platform. All products listed on the website are offered for sale by Liquor and Smoke House.

Liquor and Smoke House does not allow the furnishing of inducements by any manufacturer, importer, supplier, wholesaler, or distributor of alcohol beverages to retailers, nor does it engage in improper exclusionary practices. Product availability, pricing, and promotions are determined and managed by Liquor and Smoke House.

Cookies

We employ the use of cookies. We use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website the subsequent times. Some of our affiliate/advertising partners may also use cookies.

Pricing

The prices published on our website are set directly by Liquor and Smoke House as the merchant. All prices are subject to change without prior notice. Final pricing at checkout will include applicable taxes, delivery fees, and promotional discounts (if any). Liquor and Smoke House reserves the right to determine and modify product prices and promotional participation at its sole discretion.

You agree that the price displayed and confirmed at checkout is the final and binding price of your order (subject to taxes, delivery fees, or other applicable charges).

Order Process

When you place an order through Liquor and Smoke House, you are making a purchase directly from the merchant.

Once an order is placed and payment is authorized, Liquor and Smoke House processes and confirms the order.

Confirmation may be sent via email or SMS.

Orders are fulfilled by delivery only.

Delivery Orders

Liquor and Smoke House delivers orders to eligible locations.

The recipient must be 21 years of age or older and must present valid government-issued photo identification at the time of delivery.

Alcohol cannot be left unattended. If ID verification fails, the recipient appears intoxicated, or delivery is deemed unsafe, the order will be refused.

Age Requirement

By placing an order with Liquor and Smoke House, you confirm that you are at least 21 years of age. Attempting to purchase alcohol on behalf of individuals under 21 is strictly prohibited.

You must not:

• Republish material from Liquor and Smoke House
• Sell, rent or sub-license material from Liquor and Smoke House
• Reproduce, duplicate or copy material from Liquor and Smoke House
• Redistribute content from Liquor and Smoke House
• This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Liquor and Smoke House does not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of Liquor and Smoke House, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Liquor and Smoke House shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.

Liquor and Smoke House reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies
• Search engines
• News organizations
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses,
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
• These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way deceptive, (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services, and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources
• dot.com community sites
• associations or other groups representing charities
• online directory distributors
• internet portals
• accounting, law and consulting firms
• educational institutions and trade associations.
• We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses, (b) the organization does not have any negative records with us, (c) the benefit to us from the visibility of the hyperlink compensates the absence of Liquor and Smoke House, and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive, (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services, and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to Liquor and Smoke House. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to Liquor and Smoke House. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name
• By use of the uniform resource locator being linked to
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
• No use of Liquor and Smoke House's logo or other artwork will be allowed for linking absent trademark license agreement.

Your Privacy

Please read Privacy Policy

We may collect your e-mail address, telephone number, or other contact information as part of your reservation or order. You agree that we may contact you with promotions or other information related to our services. You may opt out of such communications.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link from our Website. You approve to immediately remove all links from our website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.

Removal of Links From our Website

If you find any link on our website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

Disclaimer of Warranties and Limitation of Liability

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website.

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND EVERYTHING RELATED TO IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Liquor and Smoke House MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND,SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Liquor and Smoke House OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury
• limit or exclude our or your liability for fraud or fraudulent misrepresentation
• limit any of our or your liabilities in any way that is not permitted under applicable law
• exclude any of our or your liabilities that may not be excluded under applicable law.
• The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph, and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

Liquor and Smoke House IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. Liquor and Smoke House IS NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY RETAILER, TRANSPORTATION PROVIDER, ADVERTISER, OR OTHER USER OF THE SERVICE. NEITHER Liquor and Smoke House NOR ANY RETAILER IS LIABLE FOR ANY DAMAGES CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD,” SUCH AS UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.

Liquor and Smoke House IS NOT LIABLE FOR THE ACTIONS OF THIRD PARTY RETAILERS AND IS NOT LIABLE FOR THE ACTIONS OF ANY DELIVERER OR DELIVERY SERVICE. THIRD PARTY RETAILERS AND DELIVERERS AND DELIVERY SERVICES DO NOT OPERATE AT THE DISCRETION OF OR UNDER THE CONTROL OF Liquor and Smoke House. Liquor and Smoke House IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR TRANSACTIONS WITH THIRD PARTY RETAILERS OR DELIVERERS OR DELIVERY SERVICES INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND.

Dispute Resolution - Arbitration, No Class Actions

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act ("FAA") and federal arbitration law apply to these Terms. If you do not want to arbitrate disputes with Liquor and Smoke House and you are an individual, you may opt out of this arbitration agreement by providing written notice to Liquor and Smoke House within 30 days of the day you first access or use the Services.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you intend to seek arbitration you must first send written notice to Liquor and Smoke House Customer Service Center of your intent to arbitrate ("Notice"). The Notice to Liquor and Smoke House should be sent by any of the following means: (i) electronic mail to [email protected] or (ii) U.S. Postal Service certified mail to  Liquor and Smoke House LLC, 2 Cityplace Dr, Saint Louis, MO 63141, USA . The Notice must: (x) describe the nature and basis of the claim or dispute; (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Liquor and Smoke House may commence an arbitration proceeding.

The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association ("AAA") under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA's rules are available at ADR.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Liquor and Smoke House for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Liquor and Smoke House will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, based solely on written submissions or in person in the State of Missouri or at a mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. No claim or action arising from or concerning the Services or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

WE EACH AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and we each agree to the exclusive jurisdiction and the exercise of personal jurisdiction of the state or federal court located in the State of Missouri for the purpose of litigating all claims or disputes, and waive any objection as to inconvenient forum. We also both agree that Liquor and Smoke House may bring suit in court for injunctive relief to enjoin infringement or other misuse of intellectual property rights.

Miscellaneous

These Terms may not be modified by you except by a writing executed by the duly- authorized representatives of Liquor and Smoke House. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted under these Terms may be assigned by Liquor and Smoke House but may not be assigned by you without the prior express written consent of Liquor and Smoke House. If any provision of these Terms is or becomes, at any time or for any reason, unenforceable or invalid, no other provision of these Terms will be affected and the remaining provisions will continue to be enforceable and valid according to the terms of such provisions. It is expressly understood that in the event either party fails to perform any term of these Terms and the other party does not enforce that term, the failure to enforce not constitute a waiver of any term. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. No joint venture, partnership, employment, or agency relationship exists between Liquor and Smoke House and you or any third party as a result of these Terms or your use of the Services. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. You and Liquor and Smoke House agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The headings and captions contained in these Terms will not be considered to be part of these Terms but are for convenience only.