Rico Royale Website Terms and Conditions

Date Last Updated: May 16, 2024

The Rico Royale website (the “Site”) is owned and operated by Rico Arizona LLC (“Rico Royale,” “we,” “us,” “our”). These Terms and Conditions (the “Terms”) are entered into by and between you (“you,” “your,” or “user”) and us. Please read these Terms carefully before ordering any distilled spirits products (“Products”) or shopping on the Site (together, the “Site Services”). By using the Site or Site Services, you agree to be bound by these Terms at the time you access and use the Site and the Site Services. We reserve the right to modify these Terms at any time. If we make changes to these Terms, the date last updated at the top of this page will be modified. We recommend that you read these Terms carefully each time you use the Site. If you do not agree with these Terms, your sole and exclusive remedy is to terminate your use of the Site and Site Services.

You must be at least 21 years of age to access the Site and Site Services. You must confirm when using the Site and Site Services that you are at least 21 years of age and that you will provide photo identification upon delivery of alcoholic beverages to verify your age. It is your responsibility to know your local, state, and federal laws regarding use of the Products. In the course of your use of our Site and Site Services, please note that we may collect your personal information. Our practices regarding the collection, use, and disclosure of your personal information are set forth in our Privacy Policy, which is available here.

Please be advised that our Site is not directly or indirectly involved in any sale of alcohol between you and licensed, third-party beverage alcohol retailers. Our Site contains links to purchase alcohol products via independent, third-party retailers (the “Third Party Retailer(s)”). Paiseh, Inc. (“AccelPay”) is an e-commerce platform that facilitates the sale of the Products listed on our Site. If you order Products for delivery to an address in the United States, your order and the payment transaction will be facilitated by Third Party Retailers in the AccelPay network. Please be advised that AccelPay’s Terms of Service, Privacy Policy, and payment terms are applicable to any order or purchase that you make through AccelPay’s systems. Please review AccelPay’s Terms of Service and Privacy Policy on their website for more information.

PLEASE READ THIS PARAGRAPH CAREFULLY. THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH, NOTWITHSTANDING CERTAIN LIMITED EXCEPTIONS, (I) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL AND BINDING ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT; AND (II) LIMIT THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.

The Marketing and Sale of Products

Rico Royale and the Site are marketing agents for one or more licensed sellers of alcoholic beverages (each a “Seller”) through which all orders for, and purchases of, alcoholic beverages are processed. We reserve the right to limit your order or the quantity of a specific Product that you order. At the time you submit an order for Products on the Site, your credit card will be charged by AccelPay and we will submit your order to a licensed Seller for acceptance. If the Seller accepts your order, AccelPay will transfer and deliver your funds to the Seller. Sellers will not accept an order from anyone who is not at least 21 years of age. Third Party Retailers are solely responsible for all activities related to the sale and provision of alcoholic beverages, including but not limited to: (a) selecting the Products to be offered for sale via the Site, (b) setting the purchase price of all Products made available for sale via the Site, (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to, completing any deliveries or shipments of orders either directly or through a third-party shipping company, if applicable. Rico Royale shall have no liability to you for lost, unprocessed, or mishandled orders. Shipping dates and/or arrival times given are only estimates. Unless otherwise indicated at the time of your purchase, shipping and handling fees are not included with your order, and such fees will be added to the price of your purchased Products. You acknowledge and agree that any Products purchased through the Site from a Seller are intended for personal consumption and will not be used for resale.

Delivery of Products

We disclaim all responsibility and liability for the delivery of orders of Products within the United States.

Delivery for Products purchased from the Site will be fulfilled by Third Party Retailers. As a result, title and risk of loss or damage for such products will pass to you upon our delivery to the carrier. All deliveries must be signed for by an individual who can provide proof that he or she is 21 years of age or older by providing a valid form of identification at the time of delivery. If there is no individual 21 years of age or older to accept the delivery, the delivery will be refused. If an individual 21 years of age or older is not available to sign for your package, you should contact your carrier and request that the tracking number be routed to a local location that allows for package collection. After three failed delivery attempts, the package will be returned to the retailer. You will be required to pay an additional re-shipping fee of $25 to receive the package. Any refunds for packages, and the associated shipping costs, that are returned to the Third Party Retailers due to failed delivery attempts will be issued at the discretion of the Third Party Retailer. Please note that packages cannot be sent to PO boxes or local carrier locations. Orders that are placed and addressed to these locations will be rejected and refunded. Third Party Retailers reserve the right to refuse delivery for any reason. Packages will not be left unattended at an address for any reason. Neither we, nor AccelPay or our Third Party Retailer partners, accept responsibility for any packages that cannot be delivered because of the inaccuracy of the delivery address that you provide for your order.

Title and Ownership of Products

Title to, and ownership of, all alcoholic beverages passes from Seller to you at the Seller’s licensed premises in the State of California. By arranging for transportation of the Products, the Seller is providing a service to you and acting on your behalf. By utilizing this service, you are representing that you are acting in compliance with applicable state and local laws regarding the purchase, transportation, and delivery of alcohol. You represent and warrant that you have obtained any required permissions, paid any required fees, and/or are working through properly licensed intermediaries where required.

Refund Policy

The prices displayed on the Site reflect the prices determined by the licensed Third Party Retailer with whom we choose to partner. Please be advised that the Third Party Retailer may choose to accept or reject any offer to purchase the Products due to lack of availability, inability to verify your age, or for any other reason. If your offer to purchase the Products is declined in full or in part for any reason, you will receive a refund for any portions of your order that are rejected by the Third Party Retailer. Refunds are at the sole discretion of Rico Royale, AccelPay, Inc., or its Third Party Retailers.

Membership Fees and Special Offers

Rico Royale and its affiliates may from time to time offer certain benefits, rewards, loyalty programs, subscription services, membership clubs, or other special offers (“Offers”), which may include a fee payable by the users to accept such Offers. In such cases, any fees paid by you that are not applied to a purchase of alcoholic beverages will be retained by Rico Royale and our affiliates as marketing fees and will not be transferred to the Seller. These Terms, including but not limited to the requirement that you be 21 years of age or older, the Warranty Disclaimer, Limitations of Liability, and Indemnification provisions, as well as any additional terms and conditions related to such Offers, apply to all Offers and any transactions related to the additional terms. To access the Offers, you may be required to register and to select a username and password during the account registration process. When you register, you agree to provide us with accurate and complete registration information. You are responsible for maintaining the security and confidentiality of your username and password and are not authorized to share your username, password, or other personal information with any other person. We are not responsible for any losses arising out of the unauthorized use of your account and have the right to cancel any Offers provided to you, in our sole discretion.

Intellectual Property Rights

The Site, including, but not limited to, its features and functionality, associated software, code, source code, technology tools and content, any trademarks, logos, identifying marks, graphics, images, illustrations, designs, icons, photographs, videos, sound recordings, text and other written and multimedia materials, the content displayed on the Site, and other materials produced by or on behalf of and related to us (collectively, the “Rico Royale Intellectual Property“) are, as between you and us, solely and exclusively owned by us. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Rico Royale Intellectual Property, shall, as between you and us, at all times remain the sole and exclusive property of us. Except as expressly set forth herein, nothing in these Terms grants you any rights in respect of any intellectual property owned by us or our licensors, and you acknowledge that you do not acquire any ownership rights by accessing or using the Site or Site Services. All intellectual property rights in the Site, Site Services, and Rico Royale Intellectual Property not expressly granted herein are reserved to Rico Royale and its licensors.

Warranty Disclaimer and Limitation of Liability

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SITE, SITE SERVICES, AND ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE IS AT YOUR SOLE RISK. THE SITE, SITE SERVICES, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RICO ROYALE, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RICO ROYALE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SITE SERVICES, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL THE RICO ROYALE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, SITE SERVICES, OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT RICO ROYALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. IN NO EVENT SHALL THE RICO ROYALE PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO RICO ROYALE OR THE THIRD PARTY RETAILER, AS APPLICABLE, FOR THE SPECIFIC PRODUCT AT ISSUE. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE REASONABLE AND REFLECT A FAIR ALLOCATION OF RISK BETWEEN THE PARTIES.

Indemnification

You agree to defend, indemnify, and hold harmless the Rico Royale Parties from and against any and all claims, liabilities, damages, losses, or expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Site Services, or Products; (ii) your violation of these Terms; (iii) your violation of any rights of another person or entity, including, without limitation, any intellectual property rights; or (iv) your conduct in connection with the Site or Site Services.

Dispute Resolution and Arbitration

Governing Law

These Terms and any disputes arising out of or related to these Terms, the Site, or the Site Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Site Services, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Class Action Waiver

You and Rico Royale agree that any arbitration or other proceeding shall be limited to the dispute between you and Rico Royale individually. To the fullest extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class-action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Miscellaneous

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Entire Agreement

These Terms, including any policies referenced herein, constitute the entire agreement between you and Rico Royale with respect to the Site and Site Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the Site and Site Services.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Us

If you have any questions about these Terms, please contact us at: support@ricoroyale.com

By using the Site or Site Services, you agree to be bound by these Terms.

Acknowledgment of Terms and Conditions

By using the Site and Site Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.