Terms of Use
Shipping Protection
Terms of Use
Shipping Protection
*Claims for packages marked and delivered and; yet not received and where there is no
evidence of “porch piracy” must be made 5 days after “delivery date” but no longer than 15
days to ensure it was not miss delivered or easily found around the premises and; Claims for
packages presumed to be lost (where the status is not and delivered and) must be filed after
7 days (20 days for international) and within 30 days from the last checkpoint.
​
Delivery Policy
You must be at least 21 years old to submit orders for purchase through
www.matchbookdistillingcompany.com By placing your order, you have represented to
Matchbook Distilling Company LLC that you are at least 21 years old. All deliveries must be
received by an adult of legal drinking age and this person must have photo identification
present if asked for proof of age.
We are sorry, but products cannot be shipped to PO Boxes, APO/FPO addresses, or
internationally. Shipping charges are, unfortunately, not refundable. If a product arrives
damaged, we want to know. Please reach out.
Packaging
Your items will be delivered in a plain box with product branding on the exterior.
Return Policy
We want you to be happy. If you experience a problem with a delivery or a product, please let
us know within 7 days of receipt. If possible, please include; recipient’s name, order number,
brief explanation, and a photo of damages, if applicable.
Unfortunately, we can’t accept returns on products that you simply change your mind about.
But we’d love to hear from you personally if this is the case, so that we can recommend
something more to your taste. Email us at info@matchbookny.com
Information About Us In the present policies, “We” or “us” means Matchbook Distilling
Company LLC dba Matchbook Distilling Co., incorporated in New York State. Our registered
office and principal place of business is located at 230 Corwin Street, Greenport, New York.
11944.
Retention Period
We will keep and process your personal data only for as long as is necessary for the
purposes for which it was collected in connection with your relationship with us, unless we
have a legal right or obligation to retain the data for a longer period, or the data is necessary
for the establishment, exercise, or defense of legal claims.
Changes to our Privacy Policy
If We decide to change the Privacy Policy, We will post those changes on this page. We
reserve the right to modify this Privacy Policy at any time. If We make material changes to this
Privacy Policy, We will notify you here, by email, or a notice on our homepage.
Legal Disclaimer
We reserve the right to disclose your personal identifying information as required by law and
when We believe that disclosure is necessary to comply with a judicial proceeding, court
order, or legal process, to operate the Site properly, or to protect ourselves or our users.
Posting Information to the Site You are solely responsible for any information and other
content you post on or through the Site. You understand that anything you post on or through
the Site is generally accessible to and may be collected and used by others and may result in
unsolicited messages or other contact from others. Users of any available forums are
encouraged to exercise caution when providing information about themselves.
Indemnification.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and
hold us harmless against any and all legal claims and demands, including reasonable
attorney fees which may arise from or relate to your use or misuse of the Website, your
breach of this Agreement, or your conduct or actions. You agree that the Company shall be
able to select its own legal counsel and may participate in its own defense, if the Company
wishes.
Entire Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any
and all use of this Website. This Agreement supersedes and replaces all prior or
contemporaneous agreements or understandings, written or oral, regarding the use of this
Website.
Term, Termination & Suspension.
The Company may terminate this Agreement with you at any time for any reason, with or
without cause. The Company specifically reserves the right to terminate this Agreement if you
violate any of the terms outlined herein, including, but not limited to, violating the intellectual
property rights of the Company or a third party, failing to comply with applicable laws or other
legal obligations, and/or publishing or distributing illegal material. If you have registered for an
account with us, you may also terminate this Agreement at any time by contacting us and
requesting termination. At the termination of this Agreement, any provisions that would be
expected to survive termination by their nature shall remain in full force and effect.
Disclaimers.
You do hereby acknowledge and agree that your use of the website is at your sole risk. To the
fullest extent permitted by law, the company and its related parties disclaim all express and
implied warranties, including warranties of merchantability, fitness for a particular purpose,
title, compatibility, security, accuracy, noninfringement, and usefulness, with respect to any
service, the website, any website content, or any information contained on the website
(collectively,“works”). The works are provided “as is” and “as available.” You rely on the works
solely at your own risk. We do not represent or warrant that any works will be uninterrupted or
error-free. There could be delays, omissions, interruptions, or inaccuracies in the information
or other
materials that are available on or through the works. You assume full responsibility and risk of
loss, including loss of data, resulting from your downloading or use of the works. Although we
may take reasonable steps to prevent the introduction of viruses and other destructive
materials to or through the works, we do not guarantee, represent, or warrant that the works
or materials that may be downloaded from the works are free of such destructive features.
We are not liable for any damages or harm attributable to any of the foregoing.
Limitation on Liability.
You do hereby acknowledge and agree that the company and its related parties are not liable
for any injury, liability, claim, loss, damage, expense, cost (including attorney’s fees incurred
at trial, on appeal, or otherwise), debt, fine, charge, or lien, whether direct or indirect, including
consequential, exemplary, incidental, special, punitive, lost profits, or otherwise, that arises
out of or relates to (a) this agreement, (b) your use or inability to access the website, (c)
inability to use the service, (d) any unauthorized access or alteration of your transmission or
data. You do hereby waive any and all claims with respect to the foregoing, whether based in
breach of contract, breach of warranty, tort (including negligence), statutory, or other grounds,
even if we have been advised of the possibility of such damages. Our total liability for any and
all contract,warranty, tort (including negligence), statutory, or other claims arising out of or
relating to (i) this agreement, (ii) your use of the website, or (iii) inability to use the service (iv)
any unauthorized access or alteration of your transmission or data is limited to the sum of
$10. Some jurisdictions do not allow for limited liability or exclusion of implied warranties; and,
if any of
those laws apply to you, then some or all of the above disclaimers, exclusions, or limitations
might not apply to you, and you might have additional rights.
General Provisions:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall
be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Website, you
agree that the laws of the State of New York shall govern any matter or dispute relating to or
arising out of this Agreement, as well as any dispute of any kind that may arise between you
and the Company, with the exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to submit to the
personal jurisdiction of the state and federal courts in New York, NY. The Parties agree that
this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in
nature. You hereby waive the right to any objection of venue, including assertion of the
doctrine of forum non convenience or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this
Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If
these personal resolution attempts fail, the Parties shall then submit the dispute to binding
arbitration. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall
have no authority to add Parties, vary the provisions of this Agreement, award punitive
damages, or certify a class. The arbitrator shall be bound by applicable and governing
Federal law as well as the law of the state of New York. Each Party shall pay their own costs
and fees. Claims necessitating arbitration under this section include, but are not limited to:
contract claims, tort claims, claims based on Federal and state law, and claims based on local
laws, ordinances, statutes or regulations.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned,
sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the
rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company,
the rights and liabilities of the Company will bind and inure to any assignees, administrators,
successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable
by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to
the maximum extent possible. In such condition, the remainder of this Agreement shall
continue in full force.
f) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall
not constitute a waiver of any future enforcement of that provision or of any other provision.
Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part
or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this
Agreement are for convenience and organization, only. Headings shall not affect the meaning
of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint
venture has been created between the Parties as a result of this Agreement. No Party has
any authority to bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes
beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities,
pandemic, acts of military authorities, riots, embargoes, acts of nature and natural disasters,
and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: We will communicate with you by
email or by posting notices on the Website. You agree that all agreements, notices,
disclosures, and other communications that we provide to you electronically or post on the
Website satisfy any legal requirement, if any, that such communications be in writing.
YOUR CONSENT
By using our Site, you consent to our Terms of Service.
Questions? Please Contact Us:
If you have any questions about these Terms of Service, Privacy Policy or anything else,
please
contact us at info@matchbookny.com
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