Welcome to the NightOwl Martini website! This website is maintained by NightOwl Martini LLC (“NightOwl Martini”) for the personal use and enjoyment of those of legal age (21+) for the consumption of alcoholic beverages.
BY ENTERING THIS WEBSITE YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS WEBSITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. NIGHTOWL MARTINI MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
COPYRIGHT AND TRADEMARK NOTICES
NightOwl Martini is the copyright owner of this website and no portion of this website, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without the express written permission of NightOwl Martini, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this website for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices.
By entering this website you acknowledge and agree that any name, logo, trademark, or service mark contained on this website is owned or licensed by NightOwl Martini and may not be used by you without prior written approval. NightOwl Martini will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of NightOwl Martini or used on this website with permission. Your use of any of these materials is prohibited unless specifically provided for on the website. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
LINKS TO THIRD PARTY WEBSITES
Any links to and from this website (the “Linked Websites”) are provided for your convenience and are not part of the NightOwl Martini website. The Linked Websites are not under the control of NightOwl Martini and NightOwl Martini is not responsible for, makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered on any Linked Website, including, without limitation, the accuracy, subject matter, changes, updates, quality or timeliness of such electronic content. Inclusion of any link on the NightOwl Martini website does not constitute an endorsement or recommendation by NightOwl Martini of the Linked Website or any association with its operators.
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NIGHTOWL MARTINI DOES NOT WARRANT THAT ANY OF THE INFORMATION, MATERIALS OR CONTENT ON THE WEBSITE OR FUNCTIONS OF THE WEBSITE ARE ACCURATE, COMPLETE OR ERROR FREE OR FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENTS OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED. NIGHTOWL MARTINI SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY DEFECT IN THE ACCURACY, QUALITY, COMPLETENESS OR TIMELINESS OF THE DATA, INFORMATION OR CONTENT OF THE WEBSITE OR FOR HARM CAUSED BY A VIRUS OR OTHER HARMFUL COMPONENT ON OR DOWNLOADED FROM THIS WEBSITE. THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, IS PROVIDED BY NIGHTOWL MARTINI ON AN “AS IS” BASIS. NIGHTOWL MARTINI MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR ITS CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NIGHTOWL MARTINI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. NIGHTOWL MARTINI SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO ANY USER AND/OR THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF NIGHTOWL MARTINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NIGHTOWL MARTINI’S MAXIMUM LIABILITY IS LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT PURCHASED THROUGH THIS WEBSITE.
NightOwl Martini does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on the website (collectively “User Content”). By posting User Content to any part of this website or sending electronic mail or other input to NightOwl Martini through this website, you acknowledge that such User Content, electronic mail and/or other input can be used by NightOwl Martini for any purpose without compensation to you. You automatically grant, and you represent and warrant that you have the right to grant, to NightOwl Martini an irrevocable, perpetual, royalty-free, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing.
You represent and warrant that: (i) you own the User Content posted by you on or through this website or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your User Content on or through this website does not violate the privacy rights, publicity rights, moral rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant to NightOwl Martini that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the NightOwl Martini website.
TERMINATION OF USE
NightOwl Martini reserves the right, in its sole discretion, to terminate or suspend your access to this website and the related services or any portion thereof at, without notice, at any time for any conduct that NightOwl Martini, in its sole discretion, believes is in violation of any applicable law or is harmful to the interest of NightOwl Martini, another user, a third-party provider, merchant, sponsor or service provider.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NightOwl Martini as a result of this agreement or use of this website. NightOwl Martini’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NightOwl Martini’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by NightOwl Martini with respect to such use.
BEVSTACK TERMS OF SERVICE (U.S.)
THE SALE OF ALCOHOLIC BEVERAGES
All orders are fulfilled by licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor NightOwl Martini sell alcohol to persons under the age of 21. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR (i) SELF CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD. YOU ALSO AFFIRM THAT THE STATE IN WHICH YOU ARE ORDERING AND THE STATE TO WHICH YOU ARE ASKING US TO DELIVER PERMIT THE SALE AND DELIVERY.
We will rely upon the foregoing representations, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.
All orders placed on the www.drinknightowl.com website are subject to acceptance and shipment by a licensed liquor retail store in our network, and no order is deemed to be accepted by such licensed liquor store until the order is shipped by the retailer. Pursuant to applicable laws and regulations, the liquor store may refuse to accept or fulfill your order for any reason, including, among others, the occurrence of a technological mistake or “glitch” in the transmission of pricing to the customer over the www.drinknightowl.com website.
Therefore, no contractual or other obligation to sell and ship the bottle(s) ordered via the www.drinknightowl.com platform attaches or is final or binding on the licensed retailer unless and until a licensed retailer accepts and ships the order to the you (or the intended recipient, even if your credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer’s credit or debit card shall be credited back in full.
By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from the licensed retailer is at least 21 years old. You also agree that you are not permitted to resell alcohol purchased. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site.
All sales are final and returns and exchanges are not accepted.
MISSING, INCORRECT, OR DAMAGED GOODS
If you receive your order and it has been damaged during shipment, the goods you received does not match your order, or there is anything missing from your order, email us at firstname.lastname@example.org within 3 days of receiving the shipment. You must include a description of the damages or missing items and include pictures.
FAILURE TO DELIVER
If you enter an incorrect delivery address in connection with your order, or otherwise fail to sign for your order upon delivery, email us at email@example.com. If your order is returned to the sender, you will be able to receive a refund for the cost of your item, minus any applicable shipping costs and a $20 restocking fee.
REFUNDS AND EXCHANGES
We only replace or refund items if they are defective or damaged. If you need to return a defective or damaged item, send us an email at firstname.lastname@example.org. Once your return or damaged or defective goods is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If your refund is approved, then it will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. We do not accept exchanges.