Terms

Terms and Conditions

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Last updated: February 10, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

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Interpretation

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The words of which the initial letter is capitalized have meanings defined

under the following conditions. The following definitions shall have the same

meaning regardless of whether they appear in singular or in plural.

Definitions

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For the purposes of these Terms and Conditions:

* Affiliate means an entity that controls, is controlled by or is under

common control with a party, where "control" means ownership of 50% or

more of the shares, equity interest or other securities entitled to vote

for election of directors or other managing authority.

* Account means a unique account created for You to access our Service or

parts of our Service.

* Country refers to: Massachusetts, United States

* Company (referred to as either "the Company", "We", "Us" or "Our" in this

Agreement) refers to Ferment LLC, 488 Centre Street, Jamaica Plain, MA

02130.

* Device means any device that can access the Service such as a computer, a

cellphone or a digital tablet.

* Goods refer to the items offered for sale on the Service.

* Orders mean a request by You to purchase Goods from Us.

* Service refers to the Website.

* Terms and Conditions (also referred as "Terms") mean these Terms and

Conditions that form the entire agreement between You and the Company

regarding the use of the Service.

* Third-party Social Media Service means any services or content (including

data, information, products or services) provided by a third-party that

may be displayed, included or made available by the Service.

* Website refers to Streetcar, accessible from

<http://www.streetcarwines.com>

* You means the individual accessing or using the Service, or the company,

or other legal entity on behalf of which such individual is accessing or

using the Service, as applicable.

Acknowledgment

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These are the Terms and Conditions governing the use of this Service and the

agreement that operates between You and the Company. These Terms and

Conditions set out the rights and obligations of all users regarding the use

of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and

compliance with these Terms and Conditions. These Terms and Conditions apply

to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and

Conditions. If You disagree with any part of these Terms and Conditions then

You may not access the Service.

You represent that you are over the age of 18. The Company does not permit

those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance

of and compliance with the Privacy Policy of the Company. Our Privacy Policy

describes Our policies and procedures on the collection, use and disclosure of

Your personal information when You use the Application or the Website and

tells You about Your privacy rights and how the law protects You. Please read

Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

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By placing an Order for Goods through the Service, You warrant that You are

legally capable of entering into binding contracts.

Your Information

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If You wish to place an Order for Goods available on the Service, You may be

asked to supply certain information relevant to Your Order including, without

limitation, Your name, Your email, Your phone number, Your credit card number,

the expiration date of Your credit card, Your billing address, and Your

shipping information.

You represent and warrant that: (i) You have the legal right to use any credit

or debit card(s) or other payment method(s) in connection with any Order; and

that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the

information to payment processing third parties for purposes of facilitating

the completion of Your Order.

Order Cancellation

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We reserve the right to refuse or cancel Your Order at any time for certain

reasons including but not limited to:

* Goods availability

* Errors in the description or prices for Goods

* Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an

unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

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Any Goods you purchase can only be returned in accordance with these Terms and

Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our

Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the

same condition as You received them. You should also include all of the

products instructions, documents and wrappings. Goods that are damaged or not

in the same condition as You received them or which are worn simply beyond

opening the original packaging will not be refunded. You should therefore take

reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive

the returned Goods. We will use the same means of payment as You used for the

Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the

following Goods:

* The supply of Goods made to Your specifications or clearly personalized.

* The supply of Goods which according to their nature are not suitable to be

returned, deteriorate rapidly or where the date of expiry is over.

* The supply of Goods which are not suitable for return due to health

protection or hygiene reasons and were unsealed after delivery.

* The supply of Goods which are, after delivery, according to their nature,

inseparably mixed with other items.

* The supply of digital content which is not supplied on a tangible medium

if the performance has begun with Your prior express consent and You have

acknowledged Your loss of cancellation right.

Availability, Errors and Inaccuracies

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We are constantly updating Our offerings of Goods on the Service. The Goods

available on Our Service may be mispriced, described inaccurately, or

unavailable, and We may experience delays in updating information regarding

our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any

information, including prices, product images, specifications, availability,

and services. We reserve the right to change or update information and to

correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

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The Company reserves the right to revise its prices at any time prior to

accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an

Order in the event of any occurrence affecting delivery caused by government

action, variation in customs duties, increased shipping charges, higher

foreign exchange costs and any other matter beyond the control of the Company.

In that event, You will have the right to cancel Your Order.

Payments

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All Goods purchased are subject to a one-time payment. Payment can be made

through various payment methods we have available, such as Visa, MasterCard,

Affinity Card, American Express cards or online payment methods (PayPal, for

example).

Payment cards (credit cards or debit cards) are subject to validation checks

and authorization by Your card issuer. If we do not receive the required

authorization, We will not be liable for any delay or non-delivery of Your

Order.

User Accounts

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When You create an account with Us, You must provide Us information that is

accurate, complete, and current at all times. Failure to do so constitutes a

breach of the Terms, which may result in immediate termination of Your account

on Our Service.

You are responsible for safeguarding the password that You use to access the

Service and for any activities or actions under Your password, whether Your

password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us

immediately upon becoming aware of any breach of security or unauthorized use

of Your account.

You may not use as a username the name of another person or entity or that is

not lawfully available for use, a name or trademark that is subject to any

rights of another person or entity other than You without appropriate

authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

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The Service and its original content (excluding Content provided by You or

other users), features and functionality are and will remain the exclusive

property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the

Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product

or service without the prior written consent of the Company.

Links to Other Websites

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Our Service may contain links to third-party web sites or services that are

not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the

content, privacy policies, or practices of any third party web sites or

services. You further acknowledge and agree that the Company shall not be

responsible or liable, directly or indirectly, for any damage or loss caused

or alleged to be caused by or in connection with the use of or reliance on any

such content, goods or services available on or through any such web sites or

services.

We strongly advise You to read the terms and conditions and privacy policies

of any third-party web sites or services that You visit.

Termination

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We may terminate or suspend Your Account immediately, without prior notice or

liability, for any reason whatsoever, including without limitation if You

breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You

wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

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Notwithstanding any damages that You might incur, the entire liability of the

Company and any of its suppliers under any provision of this Terms and Your

exclusive remedy for all of the foregoing shall be limited to the amount

actually paid by You through the Service or 100 USD if You haven't purchased

anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the

Company or its suppliers be liable for any special, incidental, indirect, or

consequential damages whatsoever (including, but not limited to, damages for

loss of profits, loss of data or other information, for business interruption,

for personal injury, loss of privacy arising out of or in any way related to

the use of or inability to use the Service, third-party software and/or third-

party hardware used with the Service, or otherwise in connection with any

provision of this Terms), even if the Company or any supplier has been advised

of the possibility of such damages and even if the remedy fails of its

essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of

liability for incidental or consequential damages, which means that some of

the above limitations may not apply. In these states, each party's liability

will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

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The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults

and defects without warranty of any kind. To the maximum extent permitted

under applicable law, the Company, on its own behalf and on behalf of its

Affiliates and its and their respective licensors and service providers,

expressly disclaims all warranties, whether express, implied, statutory or

otherwise, with respect to the Service, including all implied warranties of

merchantability, fitness for a particular purpose, title and non-infringement,

and warranties that may arise out of course of dealing, course of performance,

usage or trade practice. Without limitation to the foregoing, the Company

provides no warranty or undertaking, and makes no representation of any kind

that the Service will meet Your requirements, achieve any intended results, be

compatible or work with any other software, applications, systems or services,

operate without interruption, meet any performance or reliability standards or

be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's

provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information,

content, and materials or products included thereon; (ii) that the Service

will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or

currency of any information or content provided through the Service; or (iv)

that the Service, its servers, the content, or e-mails sent from or on behalf

of the Company are free of viruses, scripts, trojan horses, worms, malware,

timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties

or limitations on applicable statutory rights of a consumer, so some or all of

the above exclusions and limitations may not apply to You. But in such a case

the exclusions and limitations set forth in this section shall be applied to

the greatest extent enforceable under applicable law.

Governing Law

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The laws of the Country, excluding its conflicts of law rules, shall govern

this Terms and Your use of the Service. Your use of the Application may also

be subject to other local, state, national, or international laws.

Disputes Resolution

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If You have any concern or dispute about the Service, You agree to first try

to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

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If You are a European Union consumer, you will benefit from any mandatory

provisions of the law of the country in which you are resident in.

United States Legal Compliance

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You represent and warrant that (i) You are not located in a country that is

subject to the United States government embargo, or that has been designated

by the United States government as a "terrorist supporting" country, and (ii)

You are not listed on any United States government list of prohibited or

restricted parties.

Severability and Waiver

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Severability

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If any provision of these Terms is held to be unenforceable or invalid, such

provision will be changed and interpreted to accomplish the objectives of such

provision to the greatest extent possible under applicable law and the

remaining provisions will continue in full force and effect.

Waiver

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Except as provided herein, the failure to exercise a right or to require

performance of an obligation under these Terms shall not effect a party's

ability to exercise such right or require such performance at any time

thereafter nor shall the waiver of a breach constitute a waiver of any

subsequent breach.

Translation Interpretation

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These Terms and Conditions may have been translated if We have made them

available to You on our Service. You agree that the original English text

shall prevail in the case of a dispute.

Changes to These Terms and Conditions

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We reserve the right, at Our sole discretion, to modify or replace these Terms

at any time. If a revision is material We will make reasonable efforts to

provide at least 30 days' notice prior to any new terms taking effect. What

constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become

effective, You agree to be bound by the revised terms. If You do not agree to

the new terms, in whole or in part, please stop using the website and the

Service.

Contact Us

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If you have any questions about these Terms and Conditions, You can contact

us:

* By email: info@streetcarwines.com