Terms of service

OVERVIEW

Brennan’s, Inc. d/b/a BoozeandSnacks.com (“Brennan’s Booze & Snacks”) is a Missouri corporation offering delivery services of alcohol and tobacco products.

The Brennan’s Booze & Snacks website is comprised of a series of webpages operated by Brennan's Booze & Snacks. Throughout the site, the terms “we”, “us” and “our” refer to Brennan's Booze & Snacks. Brennan's Booze & Snacks offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your review and acceptance of all terms, conditions, policies and notices stated herein. 

Your use of the Brennan’s Booze & Snacks website constitutes your agreement to all terms, conditions, and notices. As such, please read these Terms of Service carefully before accessing or using our website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 21 years of age, and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

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.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.


The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Brennan’s Booze & Snacks reserves the right to change the terms, conditions, and notices under which the Brennan’s Booze & Snacks Web Site is offered, including but not limited to the charges associated with the use of the Brennan’s Booze & Snacks Web Site.


SECTION 4 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Please note: We do not deliver products outside the State of Missouri. Missouri law prohibits delivery of our products across state lines. If an order is placed with a delivery address located outside Missouri, the order will be canceled and payment will not be accepted.

SECTION 5 – ID VERIFICATION; OTHER SAFETY CHECKS

At the time of delivery, Brennan’s Booze & Snacks shall verify identification and age, and determine whether it is otherwise safe and appropriate to furnish you with alcohol and/or tobacco products. We require a valid form of photo identification with birthdate and a signed acknowledgment confirming acceptance at the time of pick-up or delivery. If we cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, you are 25 but appear to be in the company of only 18 year olds), we may refuse to furnish you with alcohol and/or tobacco products.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

For more detail, please review our Returns Policy.

SECTION 7 - THIRD-PARTY LINKS

The Brennan’s Booze & Snacks Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Brennan’s Booze & Snacks and Brennan’s Booze & Snacks is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brennan’s Booze & Snacks is not responsible for webcasting or any other form of transmission received from any Linked Site. Brennan’s Booze & Snacks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brennan’s Booze & Snacks of the site or any association with its operators.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


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, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the Brennan’s Booze & Snacks website is governed by our Privacy Policy. View our Privacy Policy here.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BRENNAN’S BOOZE & SNACKS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRENNAN’S BOOZE & SNACKS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BRENNAN’S BOOZE & SNACKS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BRENNAN’S BOOZE & SNACKS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BRENNAN’S BOOZE & SNACKS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BRENNAN’S BOOZE & SNACKS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRENNAN’S BOOZE & SNACKS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRENNAN’S BOOZE & SNACKS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, 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 USE OR PERFORMANCE OF THE BRENNAN’S BOOZE & SNACKS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BRENNAN’S BOOZE & SNACKS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BRENNAN’S BOOZE & SNACKS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BRENNAN’S BOOZE & SNACKS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRENNAN’S BOOZE & SNACKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BRENNAN’S BOOZE & SNACKS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BRENNAN’S BOOZE & SNACKS WEB SITE.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Brennan's Booze & Snacks 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.

SECTION 13 – SEVERABILITY AND WAIVER

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms and Conditions constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

SECTION 14 - TERMINATION

Brennan’s Booze & Snacks reserves the right, in its sole discretion, to terminate your access to the Brennan’s Booze & Snacks’s Web Site and the related services or any portion thereof at any time, without notice.

SECTION 15 - ENTIRE AGREEMENT

These Terms of Service are the entire agreement between you and Brennan’s Booze & Snacks relating to the subject matter herein and shall not be modified except by Brennan’s Booze & Snacks in accordance with these Terms of Service, or as otherwise agreed in writing by you and Brennan’s Booze & Snacks. No employee, agent or other representative of Brennan’s Booze & Snacks has any authority to bind Brennan’s Booze & Snacks with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms. 


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - GOVERNING LAW

These Terms of Service are governed and interpreted pursuant to the laws of the State of Missouri, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms and Conditions that results in court action, shall be resolved exclusively by a state or federal court located in St. Louis County, Missouri, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens. 


SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at order@boozeandsnacks.com.