Terms of Service
Terms of Service and Conditions of Sale
General Terms and Conditions
Your use of the Luckysomm, LLC (“Luckysomm”) Site is expressly subject to the following Terms of Service and Conditions of Sale (“Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not access or otherwise use this website or any information or materials contained on this site, or place any orders or otherwise purchase products. Your use of the Site shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein. We may update these conditions at any time and from time to time, and your continued use of the Site following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.
By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, device or online account, and any account information saved thereon; and you agree to accept responsibility for all activities that occur under your account or password. Luckysomm reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
If you register on the site, you shall provide true, accurate, and complete information about yourself as directed by the registration form. We reserve the right to terminate your account at any time and for any (or no) reason.
Sale of Alcoholic Beverages
Luckysomm does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated.
You also agree that any alcohol purchased from the Site is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Site. If you intentionally or unintentionally misrepresent your or someone else’s age in order to provide alcohol to a person under the age of 21, Luckysomm shall have the right to take action against you or seek indemnification from you for any suit to which we may be subject to the full extent allowable by law.
As required by the Communications Decency Act of 1996, Luckysomm hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.
Proposition 65 Notice
WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.
Luckysomm does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible use and advertising of our products.
Please be aware that some jurisdictions do not permit certain uses of this Site by its citizens due to state and/or local laws restricting the sale and/or promotion of alcoholic beverages. You are responsible for compliance with the laws of your home territory or country. By using the Site, you are representing that you are permitted to do so under the laws and regulations of where you live.
Credit Card Charges
Errors and Omissions
Occasionally, our listed prices, bottle sizes, vintages or quantities may be incorrect. We make every effort to make sure that our product database is accurate; however, in the event any such mistakes occur, Luckysomm shall be held harmless for any such errors. In the event that a discrepancy is identified prior to processing of an order, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible). We will not fulfill an order if we determine in our sole discretion that it was entered due to a mistake, and will attempt to contact you in such event. If you make a mistake in the entry of an order that you place, contact us immediately before the order is processed so that we can correct your order. If your order has already shipped before you alert us to an error you made in the entry of your order, you may be responsible for additional shipping costs or other costs we incur as a result.
Sales and Shipping
All orders are processed at, and shipped from California. Our shipping prices include packaging materials and insurance. Please note that when your wine order is picked up by a shipper for delivery, the wine becomes your responsibility.
You agree that you are not purchasing wine from Luckysomm to ship to another state or resell.
Please note that we may not be able to ship wine to certain states. Due to changing laws and regulations, the list of states that we ship to may change at any time. Luckysomm will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Luckysomm in its sole discretion believes that such shipment will not subject us to the risk of any sort of legal action or other harm. The Site will not allow you to place an order if we cannot legally ship to you.
We will notify you by email when your wines are ready to be shipped. An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult 21 years of age or older will be present and available to sign for your shipment. If no one will be at home to accept delivery, we recommend using a business address for shipping, or arranging with your shipper to hold your shipment at their location for pickup. We will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the customer at the time of ordering or caused by the failure of an adult to be present for signature at the time the wines are delivered.
Please contact email@example.com with any questions or concerns you may have regarding our shipping policies.
Confirmation and Cancellation
No order for alcoholic beverages will be considered confirmed until Customer has fully paid by credit card and received an email or other written confirmation from us confirming payment and acceptance of the order (“Order Confirmation”). All sales, whether placed through this website, or by telephone, are final. We may, at our sole discretion, permit Customer to cancel an order before it has shipped. Orders can be held pending shipping instructions for up to 10 days. If shipping instructions are not received within 10 days, the order will be canceled and Customer refunded. Will call orders are available for pickup for up to 10 days. If an order is not picked up within 10 days, the order will be canceled and Customer refunded.
All wine is sold in the state of California and we charge California sales tax.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree that Luckysomm and its licensors may make improvements and/or changes in the website content and services or events described in this website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the website may not be legal by certain persons or in certain countries.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Our trademarks, including without limitation, graphics, logos, page headers, button icons, scripts, and service names, are trademarks, or trade dress of Luckysomm in the U.S. and/or other countries. Luckysomm’s trademarks and trade dress may not be used in connection with any product or service that is not Luckysomm’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Luckysomm. All other trademarks not owned by Luckysomm that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Luckysomm.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
License and Site Access
Luckysomm grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Luckysomm. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent.
You may not reproduce, decompile, modify, or otherwise use the Site or its underlying source code for any purposes other than for its intended use by Luckysomm. You may not use the site for testing, analysis, or other similar purposes without the express approval of Luckysomm. You may not use any meta tags or any other “hidden text” utilizing Luckysomm’s name, portion thereof, abbreviation, or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by these Terms and Conditions. Contact <email> for requests involving any of the uses in this paragraph.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Site so long as the link does not portray Luckysomm or its products or services in a false, misleading, derogatory, or otherwise harmful or offensive manner. Should you wish to link to a particular page other than the home page, or to any particular product located on the Site, you must seek prior permission for such link by contacting us at firstname.lastname@example.org. You may not use our logo or other proprietary graphic or trademark as part of any link without express written permission.
You shall use this site for lawful shopping purposes only. You shall not use the site in any unauthorized, illegal or criminal manner, including, but not limited to, hacking into the site’s systems, spoofing or faking email headers, or slowing or stopping the functionality of the site, or in any way harming or degrading the site’s function.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s), and your use of any linked website is subject to the terms of those websites.
These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of Luckysomm. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Luckysomm shall be null and void. These Terms and Conditions will inure to the benefit of Luckysomm, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read but have no binding effect.
Any dispute, claim or controversy arising out of these Terms or the breach, termination, enforcement, interpretation or validity of any provision of these Terms, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration pursuant to Judicial Arbitration Mediation Services Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The arbitrator is hereby expressly granted the authority to decide his/her jurisdiction hereunder. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with any court application for a provisional remedy or to enter judgment on the award, or unless otherwise required by law or judicial decision. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. THE PARTIES UNDERSTAND AND ACKNOWLEDGE THAT, BY AGREEING TO BINDING ARBITRATION, THEY EACH WAIVE THE RIGHT TO SUBMIT THE DISPUTE FOR DETERMINATION BY A COURT AND THEREBY ALSO WAIVE THEIR RIGHT TO A JURY OR COURT TRIAL.
Choice of Law
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of California and of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to any Arbitration pursuant to the foregoing paragraph and these Terms and Conditions. You agree to submit to the jurisdiction of the courts located in Napa County in the State of California, for the resolution of all disputes arising from or related to these Terms and Conditions and/or your use of the website.
Disclaimer of Warranties
ALTHOUGH LUCKYSOMM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE SITE. LUCKYSOMM DOES NOT WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, APPLICATIONS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF MALWARE OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. LUCKYSOMM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE. THE SITE’S CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL LUCKYSOMM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUCKYSOMM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.