Terms & POLICY

 

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USE OF THIS WEBSITE.

Welcome to the website of EZ-Drinks, LLC (“EZ-Drinks”). Please review this agreement (the

“Agreement”), which shall apply to the use of this website, as well as to the purchase of all

products sold to you through this website. By using this website you represent that you have

reviewed and understand the terms and conditions set out therein and that you agree, without

limitation or qualification, to be bound by the terms and conditions of this Agreement.

 

As the terms of this Agreement may be modified at EZ-Drinks’s sole discretion, without any

obligation to notify you, we advise that from time to time you check this website to review the

changes. Your continued use of this website shall constitute your consent to any changes.

 

1. Privacy Policy: The use of this website is subject to the EZ-Drinks Privacy Policy.  By

accessing this website, you agree that you have read and consent to be bound not only to this

Agreement, but also to the Privacy Policy.

 

2. Use of this Website: You acknowledge and warrant that any information you may post,

transmit or submit to this website does not: (i) infringe on your rights; (ii) infringe on a third

party’s rights, specifically but not limited to any intellectual property rights, or any other

confidential or proprietary right; and (iii) constitute a criminal offense or give rise to civil

liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit

or submit any information that will cause damage to either the website or to any other user.

 

Your rights with regard to accessing this website may be terminated or restricted at any time at

the sole discretion of EZ-Drinks, LLC.  EZ-Drinks, LLC is not required to give you advance notice

or explanation for the termination. This termination shall be in addition to any other rights that

EZ-Drinks, LLC may choose to enforce.

 

4. Copyrights and Trademarks: All materials displayed or otherwise accessible through this

website are owned by EZ-Drinks, LLC and third party content suppliers, and are protected

under the applicable copyright and trademark laws of the United States of America and

elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or

make any other similar use of the contents of this website, including, but not limited to, the text,

graphics, audio and visual content, and code. Notwithstanding the above, you may access this

website and make a single copy of the material for your personal, non-commercial use. Nothing

in this Agreement shall be construed as granting you a license for anything other than your

personal use.

 

5. Links: This website may contain links to other websites that are operated by third parties,

and are not under the control of EZ-Drinks, LLC.  EZ-Drinks, LLC is not responsible for, and

expressly excludes all liability with relation to these linked websites which you access at your

own risk, and EZ-Drinks, LLC makes no representations, warranties or conditions concerning

the linked websites or their contents.

 

6. Orders and Payment: When you submit an order on this website, your order shall be

considered as an offer to EZ-Drinks, LLC.  EZ-Drinks, LLC reserves the right to refuse your order

at any time and for any reason, including but not limited to: (i) the availability of the products

in your area (EZ-Drinks specifically reserves the right to revise or cease to make available any

of its products at any time); and (ii) if the products are incorrectly described or priced on the

website.  In the event that your order is cancelled or refused, you shall receive an email

confirmation stating same.  Additionally, if your order is refused or cancelled following

payment, EZ-Drinks, LLC will reimburse you for the full amount paid.

 

The third party credit card service provider must approve all purchases made through the use

of a credit card.

 

You agree not to resell any products purchased under this Agreement, nor to transfer any of

your rights hereunder without the prior written consent of EZ-Drinks, LLC.

 

7. Shipping: EZ-Drinks, LLC will ship based on the method you select from the available options.

The estimated time of the arrival of your product should be considered as an estimate only, and

EZ-Drinks, LLC will not be responsible for any damages due to delays in shipping.

 

Charges for shipping will be listed when you purchase the product from this website. You are

responsible for all shipping related taxes, and you agree to comply will all export laws of the

United States of America that apply to the products purchased or received under this

Agreement.

 

EZ-Drinks uses a third party shipping service provider to ship its products. As such, EZ-Drinks,

LLC will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title

and risk of loss shall pass to you at the moment the product that you have purchased is

transferred to the third party shipping service provider.

 

8. Return Policy: If any of our products do not meet your expectations, we want to know. As

such, please email us immediately at cocktailguys@ez-drinks.com, and please include your

order number and a description of the reason for the return. We will gladly exchange or refund

your purchase within thirty (30) days of receipt of the returned merchandise. Please note that

refunds will only be issued to the same credit card that was used for the original purchase.

 

9. Disclaimer: TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBSITE

IS AT YOUR OWN RISK, AND EZ-DRINKS, LLC HEREBY EXPRESSLY DISCLAIMS ANY

REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS

TO THE WEBSITE AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS WEBSITE IS

PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS

WEBSITE MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON.

SPECIFICALLY, EZ-DRINKS, LLC DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR

PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES

OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU

CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN

RISK.

 

10. Limitation of Liability: YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES

OR LIABILITIES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL EZ-DRINKS, LLC,

ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES,

HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO direct, indirect, special, consequential,

incidental, punitive or otherwise. EZ-DRINKS, LLC, ITS OFFICERS, REPRESENTATIVES AND

EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, ANY

COMPUTER RELATED DAMAGE OR LOSS OF DATA. EZ-DRINKS, LLC HEREBY EXCLUDES ALL

LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. This ENTIRE

limitation shall apply even if EZ-DRINKS, LLC, ITS OFFICERS, REPRESENTATIVES OR

EMPLOYEES WERE informed of the possible occurrence of the above mentioned damages.

EARSKINZ, LLC MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY

THE PURCHASER FOR THE PRODUCT. This limitation is an essential element of the agreement

between EZ-Drinks, LLC and you.

 

11. Indemnification: You agree to indemnify, defend and hold harmless (including reasonable

legal fees) EZ-Drinks, LLC its officers, directors, employees or agents from any action arising

from your misuse of this website or the breach of any of the provisions of this Agreement.

 

12. Miscellaneous: This website, any use of this website and any dispute relating thereto to or

to the products purchased therein shall be governed and construed by the laws applicable to

the United States of America and to the state of Delaware, without regard to conflict of law

rules. Both, EZ-Drinks, LLC and you agree to the exclusive jurisdiction of the United States of

America and the State of Delaware.

 

This Agreement and the Privacy Policy shall constitute the entire agreement between the

parties and there are no other written or verbal agreements or representations relating to the

subject matters described herein.

 

Should any provision of this Terms of Use be deemed invalid or unenforceable, those

provisions shall be severed from the Agreement, but shall not affect the validity of the other

provisions.

 

Return Policy

At EZ-Drinks we realize that not every product is for everybody. That is why we guarantee our

product. If you are not completely satisfied with your EZ-Drinks product, please return your

product to us and we will promptly issue a refund for the purchase price (proof of purchase

necessary). All inquiries must be made within two weeks from purchase date.  A $3 per item

restocking fee may apply.

 

Legal

The EZ-Drinks word mark and logo are registered trademarks of EZ-Drinks, LLC, registered in

the United States and other countries. All Rights Reserved 2014.

 

Shipping Policy

All pre-orders require immediate payment. You will receive an email confirmation once your

package has shipped. Domestic delivery can be expected within 3-5 business days from time of

shipping. International delivery can be expected in as little as 10-15 days, but can take up to 4

weeks from time of shipping. EZ-Drinks, does not guarantee delivery by a specific date, nor are

we responsible for delays caused by carrier strikes or inclement weather.