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Terms of Service

Overview

Personalized Bottle owns and manages this website. Any references to “we,” “us,” or “our” refer to Personalized Bottle or, where applicable, an authorized carrier or fulfillment partner operating within the Personalized Bottle marketplace. By using this website, including its content, features, and services, you agree to the terms, policies, and notices described below.

When you visit the site or complete a purchase or submit an inquiry, you are using our services and agreeing to these Terms of Service (“Terms”), along with any additional policies or guidelines mentioned here or linked within the site. These Terms apply to all individuals who interact with the website, including but not limited to customers, vendors, merchants, browsers, and contributors.

We encourage you to read these Terms carefully before using the website. Your continued access or use of any part of the site indicates your agreement to follow these Terms. If you do not accept them in full, you should not use the website or its services. Where these Terms are considered an offer, your acceptance is strictly limited to the conditions outlined here.

Any future updates, features, or tools added to the website will also fall under these Terms of Service. The latest version will always be available on this page. We may revise or update these Terms at any time by posting changes online. It is your responsibility to review them periodically. By continuing to use the site after updates are posted, you acknowledge and accept those changes.

Our store is hosted on Shopify Inc., which powers the secure e-commerce platform we use to offer and sell our products and services to you.

General Conditions

By accepting these Terms of Service, you confirm that you are at least 21 years of age or older.

You agree not to use our products or services for any unlawful or unauthorized activities. Additionally, you must not violate any applicable laws or regulations in your jurisdiction, including but not limited to intellectual property and copyright laws, while using our services.

We reserve the right, at our sole discretion, to deny service to any individual at any time and for any reason.

You acknowledge that any content you provide (excluding payment information) may be transmitted without encryption and may pass through multiple networks or be modified to meet technical requirements of various systems or devices. All payment details, including credit card information, are securely encrypted during transmission.

You agree not to copy, reproduce, distribute, sell, resell, or otherwise exploit any part of the service, its use, or access to it—including any content or contact provided through the website—without our prior written consent.

Personalized Bottle retains the right to update, modify, or replace any part of this website or these Terms of Service at any time without prior notice. It is your responsibility to review these Terms whenever you access the site to stay informed of any changes.


Service and Products

Customers bear full and exclusive responsibility for ensuring that any text, design, or content submitted for custom engraving does not infringe upon any trademark, service mark, copyright, or other intellectual property rights. By submitting an order, you represent and warrant that you have all necessary rights and permissions to use such content and that it complies with all applicable laws and regulations. We assume no liability for any infringement resulting from customer’s approval of final design which we will engrave.

We reserve the absolute right, at our sole discretion and without obligation, to refuse, limit, or cancel any order at any time. This includes, but is not limited to, imposing restrictions on quantities purchased per individual, household, corporation or order. Such actions may apply to orders associated with the same customer account, payment method, billing address, or shipping address. In the event of an order modification or cancellation, we may, but are not required to, notify you using the contact information provided at the time of purchase.

Furthermore, we reserve the right to reject or restrict any order that, in our sole judgment, appears to be placed by resellers, distributors, or other parties intending to commercially redistribute our products without authorization.

Customers are solely responsible for complying with all applicable local and state laws regarding the shipment and delivery of alcohol. By placing an order, you confirm that you are at least 21 years of age and legally permitted to receive alcoholic beverages in your jurisdiction.

Personalized Bottle is required to collect applicable sales tax on orders picked up or delivered within New York State, as well as in any other jurisdiction where we are legally obligated to collect tax due to established nexus. The purchaser is solely responsible for the payment of any applicable sales tax or other taxes in jurisdictions where tax is not collected at the time of checkout.

You agree to follow all laws, rules, and regulations related to the receipt of alcohol from out of state and to indemnify and hold Personalized Bottle harmless and its affiliates (including third-party) from any claims, damages, or liabilities arising from your order or shipment.

Personalized Bottle does not directly ship wine or spirits. Instead, we facilitate shipment by coordinating with a licensed third-party carrier on your behalf. By placing an order, you authorize us to arrange delivery through a third-party carrier.

Ownership and title to all wine and liquor products are passed to the purchaser at the point of sale. By placing an order, you expressly authorize Personalized Bottle or its partners to perform custom engraving based on your submitted design, thereby permanently modifying the external appearance of the bottle and/or its packaging.


Disclaimers

Personalized Bottle specializes in product customization and personalization services. We have no affiliation, authorization, endorsement, sponsorship, or licensing relationship with any brands, manufacturers, or trademark owners referenced or displayed on this website. All brand names, trademarks, product names, and logos remain the exclusive property of their respective owners and are used strictly for identification and descriptive purposes. Their appearance on this site does not imply any form of partnership, approval, or association.

All products available through Personalized Bottle are sourced from legitimate and authorized retail channels. These products remain in their original, unaltered condition with respect to content of the product. Personalized Bottle does not manufacture, produce, or distribute any products and does not act as an authorized reseller or representative of any brand.

Our sole service consists of customizing the exterior of the product—such as engraving the bottle or box—based on customer requests. References to specific brands are made only to identify the product selected for customization. We take no responsibility or warranties regarding the performance, safety, or quality of any product.

The website and services may, at times, contain typographical errors, inaccuracies, or omissions, including but not limited to information relating to product descriptions, pricing, vintage, promotions, offers, shipping charges, delivery timelines, and availability. We reserve the absolute right, at our sole discretion and without prior notice, to correct any such errors, update or modify information, or cancel orders if any information is determined to be inaccurate, including after an order has been placed.

We assume no obligation to update, revise, or clarify any information contained within the service or on any related website, including without limitation pricing information, except as required by applicable law. Any indicated update or revision date shall not be construed as evidence that all information has been modified, updated, or verified for accuracy.

We strive to present product colors, description and images on our website as accurately as possible. However, variations may occur, such as, but not limited to the vintage, packaging, or imagery shown may not always reflect the most current product version available. We do not guarantee that all product representations are exact. We can’t guarantee any specific vintage or edition of the bottle. Customers are encouraged to contact us prior to placing an order to confirm specific details.

This website contains, without limitation, all graphics, images, layouts, designs, text, fonts, software, and related materials (collectively, the “Content”). All such Content, as well as the website in its entirety, is the sole and exclusive property of Personalized Bottle and is protected under applicable copyright, trademark, and other intellectual property laws on a worldwide basis. All rights are expressly reserved.

Any unauthorized use of the Content—including, but not limited to, reproduction, duplication, copying, modification, distribution, transmission, display, publication, or exploitation, in whole or in part—is strictly prohibited unless expressly authorized in writing by Personalized Bottle.

Personalized Bottle retains the absolute and unrestricted right, at its sole discretion and without prior notice, to modify, replace, remove, or update any portion of the Content at any time. Any modifications, enhancements, or derivative works of the Content, whether created by you or by Personalized Bottle, shall remain the sole and exclusive property of Personalized Bottle, and no rights or ownership are transferred under any circumstances.

Personalized Bottle is a marketplace platform that connects customers with licensed retail liquor stores while offering custom engraving services. When you place an order, you are purchasing alcohol directly from one of our licensed retail partners. All alcohol sales are processed, approved, and fulfilled by these retailers, who retain full discretion over whether to complete the transaction.

Once your order is approved by the retailer, we handle the personalization by engraving your selected bottle. After engraving is complete, the licensed retailer arranges shipment through a third-party licensed delivery provider to your designated address.

Please note that Personalized Bottle is not a licensed alcohol retailer and does not sell alcohol directly. For your order, the personalized bottle will be fulfilled by Wine Gallery, located at 270 Nassau Boulevard, Garden City, NY 11530.

Changes to pricing and service

Prices for our products/service and bottle vintage/editions may be updated at any time without prior notice. We reserve the right to modify, suspend, or discontinue the Service/Product—or any part of it—at our sole discretion without notice. We shall not be held liable to you or any third-party for any such changes, including price adjustments, vintage/edition updates, interruptions, or discontinuation of the Service.

Linking to the Website, Third-party tools/site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on the Website;
  • send e-mails or other communications to others containing certain Website content, or links to certain Website content, including content owned by Company and content owned by third parties;
  • post certain content, such as photographs or other materials, to the Website;
  • link directly to the Company’s social media pages; and/or
  • cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

  • share or post any content or materials that you do not own or have a valid license to use;
  • share or post any content or materials which would violate the intellectual property rights, rights of publicity, privacy, contractual or legal rights of others;
  • establish a link to the Website from any website that is not owned by you;
  • link to any part of the Website other than the homepage;
  • cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • interfere with the operation of the Company’s social media pages; and
  • otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You understand and agree that we are not responsible for conduct occurring on third party social media sites and you agree to review and comply with any applicable third party terms of service and privacy policies of such third party sites. We may disable any or all of the social media features and links on the Website, at any time, without notice, and in our sole discretion.

We may provide access to third-party tools over which we exercise no control, oversight, or input.

You acknowledge and agree that such tools are provided on an “as is” and “as available” basis, without any warranties, representations, conditions, or endorsements of any kind. We disclaim all liability arising from or related to your use of any optional third-party tools.

We are not responsible for any harm, damages, or losses incurred in connection with the purchase or use of goods, services, content, or any transactions made through third-party websites. You are advised to review the applicable third-party policies and practices carefully before engaging in any transaction. Any complaints, claims, or inquiries regarding third-party products or services must be directed to the respective third party.



Acceptable Use of Our Website

You may use the Website only for lawful, personal, non-commercial purposes and in accordance with these Terms of Use. You agree not to:

  • use any robots, proxy servers, VPNs, spider or other automated application, device, process or means to access or use the Website for any purpose.
  • use the Website in any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the U.S. or other countries);
  • use the Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability;
  • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of the Website;
  • introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • engage in phishing, impersonation, data mining or scraping, or any other attempt to interfere with the Company’s business, data security, or the operations of the Website;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Website.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING EACH THIRD-PARTY OPPORTUNITY) IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PERSONALIZED BOTTLE NOR ANY PERSON ASSOCIATED WITH PERSONALIZED BOTTLE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PERSONALIZED BOTTLE NOR ANYONE ASSOCIATED WITH PERSONALIZED BOTTLE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PERSONALIZED BOTTLE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


LIMITATIONS OF LIABILITY

IN NO EVENT WILL PERSONALIZED BOTTLE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, THE “PERSONALIZED BOTTLE PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ON OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES (INCLUDING ANY THIRD PARTY OPPORTUNITIES), INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF ANY ACCELERATE PARTY WAS NEGLIGENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT AND/OR PRODUCT/SERVICE IS TO CEASE ALL OF YOUR WEBSITE USE AND USE OF SERVICE.

Notwithstanding the generality of the foregoing, you hereby release the Personalized Bottle Parties from, and Personalized Bottle Parties shall have no, liability to you or any third party, whether in contract, tort (including negligence), or otherwise, for any losses, damages, liabilities, claims, causes of action, demands, suits, proceedings, injuries, costs, expenses (including court costs, disbursements, reasonable legal and professional advisor fees and expenses, and reasonable expenses of investigation), judgments, penalties, charges, fines, and other damages of any nature arising out of, in connection with, or resulting from:

a. Your compliance with any federal, state or local laws or regulations applicable to services offered by Personalized Bottle or the third-party clients

b. (i) your selection, operation, or maintenance of any Device; or (ii) any code, program, or other internal components that restrict, or may restrict, use or access to, or do or may damage, destroy, or alter any system, computer, network, program, data, or other information or data processing device, including any computer virus, malware, adware, spyware, tracking cookie, computer worm, computer time bomb, trojan horse, back door, or similar component.

c. The acts, omissions, promises, representations or warranties of any third party.

d. Your acts and omissions in connection with this Agreement or the Third Party Opportunities, including your failure to comply with the Agreement or any other applicable terms and conditions;

e. (i) your provision of incorrect, incomplete, or unclear information, or (ii) any Errors

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Indemnification

You agree to defend and indemnify PERSONALIZED BOTTLE PARTIES from and against any claims, causes of action, demands, losses, damages, or other costs (including reasonable legal and accounting fees) arising out of or relating to: (A) your violation of these Terms of Service or any law; (b) your use of the Website/Service/Product, including your use of any information obtained from the Website AND INCLUDING ANY THIRD PARTY;


Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.


Termination

These Terms of Service shall remain effective unless and until terminated by either you or us. You may terminate this agreement at any time by notifying us of your intent to discontinue use of our services or by ceasing to access or use our website. In the event that, in our sole judgment, you breach or are suspected of breaching any term or provision of these Terms of Service, we reserve the unrestricted right to immediately terminate this agreement without notice. You shall remain liable for all amounts due through the date of termination, and we may suspend or revoke your access to the Services, in whole or in part.

GOVERNING LAW

These Terms of Service, as well as any separate agreements pursuant to which services are provided, shall be governed exclusively by and construed in accordance with the laws of New York, without regard to any conflict of law provisions, and you agree to submit to the jurisdiction of such laws.

CHANGES TO TERMS OF SERVICE

We reserve the absolute and unilateral right, at any time and without prior notice, to amend, modify, or replace any portion of these Terms of Service by posting updated terms on our website. It is solely your responsibility to review these Terms periodically for any changes. Your continued access to or use of the website or Services following the posting of any modifications constitutes your full and binding acceptance of those changes, regardless of whether you have reviewed them.


If you have any questions, you can contact us at info@personalizedbottle.com

 

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