Terms of Service
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.thiefshop.com, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by 1251933, LLC (“The Thief” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
We encourage you to always drink responsibly. If you choose to enjoy adult beverages, like those featured on our website, you should act like an adult. If you drink, be a hero and don’t drive.
- This Site is intended only for the use and enjoyment of persons who are 21 years of age or older and legally reside in the United States. You must be 21 years of age or older to access or otherwise use this Site. Persons under 21 years of age are prohibited from using this Site in any way. If you consider any material on this Site to be inappropriate or offensive, please do not visit this Site.
- You agree to use this Site for personal purposes and not for commercial purposes. If you would like to speak to us about a commercial account, please contact us via phone (509.876.8597) and we will be happy to set up a special account just for your company. You agree to have no more than one account and to not sell, trade or transfer that account to any other person. You agree to comply with these Terms and Conditions and all applicable law or regulations of the jurisdiction in which you reside and may be subject. You agree that you will not interfere with or disrupt the Site or any of the services provided by The Thief and that you will not access The Thief by any other means other than through the interface provided.
- In order to access certain products or services, you may be required to provide information about yourself as part of the registration process or as part of your continued use of the Site. You agree that any registration information you give to The Thief will always be accurate, correct and up to date.
- You agree that you will not reproduce, copy, sell, barter, or trade any information you access on The Thief Site.
- You agree that you are solely responsible for any breach of your obligations under the Terms and Conditions and for the consequences of such breach, including any loss or damage The Thief may suffer. You also agree that The Thief has no responsibility to you or to any third party for your breach of the Terms and Conditions and for the consequences of such breach.
Passwords, Privacy and Security
- You agree that we are not liable for any damages or losses caused by someone using your account without your permission. However, if we suffer any damage due to any unauthorized use of your account, you may be liable. By using this Site, you represent you are qualified and authorized to use this Site under the account registered.
- You acknowledge and agree that you are responsible for maintaining the accuracy, confidentiality, and privacy of your account information. Accordingly, you agree to be solely responsible and liable for any and all activities that occur under your account. If you become aware of any unauthorized use of account information, you agree to notify us immediately at email@example.com or 509.876.8597.
- In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. You represent and warrant that you have the legal right and authority to use any credit card, debit card, gift card, gift certificate or coupon code utilized in connection with any transaction with The Thief.
- In connection with each transaction, you represent that you may purchase and receive the products ordered in compliance with all applicable laws, including, without limitation, the alcoholic beverage control laws of the jurisdiction in which you reside, and that such products will be used only in a lawful manner.
- Alcoholic beverages are sold by The Thief, which is licensed to sell wine and beer to consumers in the State of Washington. Title to, and ownership of, all wine or beer passes from The Thief to buyer in the State of Washington, and buyer takes all responsibility for shipping the wine or beer from Washington to his or her home state. By placing an order, you represent that you are 21 years of age or older and you authorize The Thief to act on your behalf to engage a common carrier to deliver your order where you want it delivered. The Thief makes no representation as to the right of any person to import any product in to any state. Some state regulations require a business address for shipment and in those states, in those cases, you represent that the address you have provided is a business address.
- Despite our best efforts, a small number of the items on our Site may be mispriced. If an item’s correct price is higher than the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Any packages that are refused or unable to be delivered by our common carriers will be returned to The Thief at your expense. We will refund to you any product costs minus shipping costs.
- The Thief has affiliated legal entities that may provide services to you on behalf of The Thief. You acknowledge and agree that such affiliates are entitled to provide services to you.
- The Thief is constantly innovating in terms of the services it provides. You acknowledge and agree that the form and nature of these Terms and Conditions may change at any time without prior notice to you and acknowledge and agree to accept the new terms so long as they are updated here.
- You acknowledge and agree that all information (the “Information”) that you have access to may be protected by the intellectual property rights of The Thief. You should not and may not modify, lease, rent, claim or distribute such Information without the express written consent of the owner of such Information.
- As between you and The Thief, we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us in writing. If you make other use of the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
- We do not grant any license or other authorization to any member of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site except as provided herein. We give you a personal, royalty-free, non-assignable and non-exclusive license to use the Site as provided to you by The Thief. This license is for the sole purpose of enabling you to use and enjoy the Site as provided in the manner permitted by these Terms and Conditions.
- Unless specifically requested, The Thief does not solicit, nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to The Thief will be deemed not to be confidential or secret. By submitting or sending information or other material to The Thief you represent and warrant that the information is original from you and that no other party has any rights to the material. By submitting or sending information or other material to The Thief you grant The Thief the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted materials have been waived.
DISCLAIMER OF WARRANTIES
- The site, including, without limitation, all content, functions and materials is provided "As is" and "As available" without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. The Thief does not warrant that the site or the functions, features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. The Thief makes no warranty that the site will meet users' requirements. No advice, results or information, whether oral or written, obtained by you from the thief or through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
- Any products or services obtained through the use of this site is done at your own discretion and risk and you will be solely responsible for any damage that results from your use of the services and products.
LIMITATION OF LIABILITY
In no event shall The Thief or any of its vendors, employees, agents, affiliates, content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales, the products and services on this site or under any theory of liability whatsoever even if The Thief or such individual has been advised of the possibility of such damages. This includes any loss or damage which may be incurred by you including, but not limited to, loss or damage as a result of:
Any reliance placed by you on the completeness, accuracy or existence of content, or as a result of any relationship or transaction between you and any advertiser whose content appears on the site;
- Your failure to keep your password or account details secure;
- Your failure to provide accurate account information; and
- Any change made by The Thief to our site or for any permanent or temporary cessation in the provision of services.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
Credits, Gift Certificates and Invitations
- From time to time, we may issue or offer credits for returns and gift certificates. If we choose to offer these, the credits and gift certificates will carry no cash value and will expire (if they expire) on the date specified. Credits and certificates are non-transferrable and may only be used to purchase products and services on the Site.
- Any credit or gift certificate granted in violation of these Terms and Conditions is null and void and subject to immediate cancellation or termination of all referral credits or gift certificates. We reserve the right to modify or amend these Terms and Conditions at any time and the methods by which special promotions or benefits are offered or earned.
- You may not participate in any referral, credit or certificate program if any applicable laws or regulations prohibit doing so.
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by sites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with The Thief of such sites or the content, products, advertising or other materials presented on such sites. The Thief does not author, edit, or monitor these Linked Sites. You acknowledge and agree that The Thief is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
- These Terms and Conditions constitute the whole legal agreement between you and The Thief and govern your use of the Site and completely replace all prior agreements between you and The Thief in connection with the Site.
- You acknowledge and agree that The Thief may update these Terms and Conditions or notify you of changes to the Site by email, regular mail, or updates to the Site. Your continued use of this Site indicates your acknowledgement and acceptance of these Terms and Conditions.
- The Terms and Conditions and the relationship between you and The Thief shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You and The Thief agree that any cause of action, dispute or claim that may arise between you and The Thief shall be commenced and be heard in binding arbitration only. This includes, but is not limited to:
- Claims arising out of or related to any aspect of the relationship between you and The Thief, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory
- Claims that arose before this or any prior agreement (including, but not limited to, claims related to advertising); and
- Claims that may arise after the termination of these Terms and Conditions.
You and The Thief each agree to submit to the personal and exclusive jurisdiction of an impartial arbiter located within Walla Walla County in the State of Washington. Notwithstanding any other provision herein, you agree that The Thief shall still be allowed to apply for injunctive remedies (or the equivalent type of urgent legal relief) in any jurisdiction.
The failure of The Thief to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- We control and operate this Site from our offices in Washington. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- When you use this Site, you may purchase a service or product that is provided by another person or company. Your use of these other services and products may be subject to separate terms between you and the company concerned. If so, the Terms and Conditions do not affect your legal relationship with these other companies or individuals.
- You acknowledge and agree that The Thief may terminate providing any services or the legal agreement between you and The Thief for any reason at any time. If at any time, the relationship between The Thief and you ends, the provisions in these Terms and Conditions set forth in this “Miscellaneous” chapter shall continue to survive (including the provisions related to arbitration and venue) and shall be unaffected by the cessation.
Code of Conduct
We continually strive to offer our members a unique and satisfying experience by curating fine, rare, and esoteric wine and beer. Accordingly, we reserve the right to cancel or terminate any member’s account for any violation of our Terms and Conditions. Any fraudulent behavior, creating multiple accounts, spamming, use of profanity or abusive language or personal attacks will not be tolerated. Play nice!