Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause.
These terms and conditions ("Agreement") apply to your purchase of products and/or services offered on this web site by Bottle Trek, LLC. By placing your order, you accept and are bound to the terms and conditions of this Agreement. This Agreement shall apply unless you have a separate purchase agreement with Bottle Trek, LLC, in which case the separate agreement shall govern.
You may also wish to review our Privacy Policy and our Shipping Policy.
RETURNS, REFUNDS AND CANCELLATIONS:
Because of the nature of our product, we do not accept returns or give refunds. All sales are considered final. If product is received damaged, please contact us immediately by calling 1-541-603-3870 and we will arrange for a re-shipment of your order.
No merchandise will be accepted for replacement after a 30 day period and all sales will be considered final.
You may cancel your ongoing Beer of The Month Club membership at any time by sending an email to customerservice@bottletrek.com or by calling 1-541-603-3870. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month shall apply to the following month.
PAYMENT TERMS:
Payment terms are within Bottle Trek’s sole discretion, and, unless otherwise agreed to by Bottle Trek, payment must be made at the time of purchase. Your order is subject to cancellation by Bottle Trek, at Bottle Trek's sole discretion. Bottle Trek is not responsible for pricing, typographical, or other errors, in any offer by Bottle Trek and reserves the right to cancel any orders resulting from such errors.
SHIPPING TERMS:
Shipping fees are not included with Beer of The Month club packages unless otherwise indicated at the time of sale. Shipping is not including when purchasing beer by the bottle. Loss or damage that occurs during shipping by a carrier selected by Bottle Trek’s is Bottle Trek’s responsibility. You must notify the Bottle Trek within 30 days of the date of your order if you believe any part of your purchase is missing, incorrect or damaged. Shipping dates are estimates only. Refer to our Shipping Policy for more details.
LIMITATION OF LIABILITY:
Bottle Trek does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Except as expressly provided herein, Bottle Trek will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, Bottle Trek is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this Agreement shall apply even if such remedies fail their essential purpose.
BINDING ARBITRATION:
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Bottle Trek, LLC, its agents, employees, principals, successors, assigns, and/or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), Bottle Trek’s advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its code of procedure then in effect. The arbitration will be limited solely to the dispute or controversy between you and Bottle Trek. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Bottle Trek will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
GOVERNING LAW:
This agreement and any sales there under shall be governed by the laws of the state of Oregon, without regard to conflicts of laws rules.
