Ole Smoky Distillery's Terms and Conditions of Use
By accessing and using this Web site (the “Site”), you agree to be bound by the following terms and conditions of use (“Terms of Use”). Ole Smoky Distillery reserves the right to amend these Terms of Use from time to time. In your own interest, please review these Terms of Use regularly. If you do not accept these Terms of Use and/or any amendments/changes thereto, please do not use this Site.
1. Access Authorization
Ole Smoky Distillery maintains this Site for the personal use of individuals who are of legal age to consume alcoholic beverages pursuant to the laws of the country or territory where they reside. Please exit this Site immediately if you do not accept these terms and conditions of use, are not of a legal age for consuming alcoholic beverages in the country or territory in which you reside, or are in a country or territory where the access to this Site is not permitted. Ole Smoky Distillery reserves the right to restrict or terminate your access to this Site or any feature thereof if you violate these terms and conditions of use, or if you use the Site in order to make or assist in making any criminal or unlawful statements or actions or announce or participate in any criminal or unlawful actions.
2. E-Commerce Terms and Conditions
A. By placing purchase orders using this web site and Ole Smoky Distillery’s electronic commerce offerings (the "Program") you, the Customer, accept to be bound by these terms and conditions ("Terms"). Upon acceptance of the Terms, Ole Smoky Distillery will entitle the Customer to submit electronic orders. The Program allows the Customer and its authorized users ("Authorized Users") to see Ole Smoky Distillery's prices, product inventories, and submit purchase orders electronically.
B. Customer agrees that the person using the Program address / password is an Authorized User and has the capacity and authority to place orders for Ole Smoky Distillery products and services on behalf of Customer. Program password security is the responsibility of Customer who is to ensure that each Authorized User utilizes his / her own password, which will be issued by Ole Smoky Distillery following request from the Customer’s contact person.
C. In placing an order Customer may utilize one or a combination of account name, account number and other forms of identification including password or other code issued to Customer (together and individually "Customer’s Identification" or "Customer Identification").
D. It is the Customer’s responsibility to keep the Customer’s Identification confidential. Customer has the sole responsibility for its Customer Identification. Customer shall immediately inform Ole Smoky Distillery in case of loss of password or in case of any abuse or attempted abuse of Customer password or other Customer Identification.
E. Customer agrees that it is entirely responsible for use of Customer’s Identification and that it is the Customer’s responsibility to have in place security measures and procedures to ensure use of its Customer Identification only by authorized personnel for authorized purposes. The Customer will be fully liable for any use of the Customer Identification by any former, present or future agent, representative, employee or any other person who has been given Customer Identification. The Customer will be liable for any changes regarding the Authorized Users representing the Customer.
F. Accordingly Customer agrees that Ole Smoky Distillery is entitled to rely absolutely on any orders placed on it, which have utilized Customer’s Identification, and to deliver as directed by such orders and invoice and be paid in respect of such orders.
H. Customer agrees that any purchase order placed via the Program or other electronic means mentioning or utilizing Customer’s Identification is a valid and binding purchase order and, for the avoidance of doubt, the equivalent of a signed purchase order.
I. Customer acknowledges that Ole Smoky Distillery cannot guarantee the security of the Internet and the possibility of interception or corruption of data transmitted from Customer to Ole Smoky Distillery using correct Customer Identification exists and that Ole Smoky Distillery is nonetheless entitled to rely on data transmitted in the form it is received at Ole Smoky Distillery.
J. Customer shall have the right to change, add or delete Authorized Users upon written notification, with verification of receipt, to Ole Smoky Distillery. Ole Smoky Distillery agrees to implement such changes, additions or deletions within twenty-four (24) hours of receipt of such written notification.
K. Ole Smoky Distillery may at any time modify the present Terms. Upon notification of such modifications the Customer may terminate its access to the program by giving two (2) weeks notice. If Ole Smoky Distillery receives no such notice the Customer is considered to have accepted the modifications.
L. Ole Smoky Distillery and the Customer may terminate the agreement at any time and for any reason whatsoever upon 15 days written notice. Ole Smoky Distillery shall have the right to terminate the agreement and deny access with Ole Smoky Distillery should the Customer fail to comply with the provisions of these Terms. Ole Smoky Distillery may also terminate the Customer’s access to the Program and disable the Customer Identification if the Customer has not placed an order using its Customer Identification during a period of 30 days.
M. Ole Smoky Distillery reserves the right to accept or decline any purchase order submitted via the Program.
N. In case the Customer wants to keep a record of any purchase order placed via the Program, the order confirmation screen must be printed by the Customer as otherwise an Ole Smoky Distillery invoice may be the only documentation provided by Ole Smoky Distillery for purchase and payment of Ole Smoky Distillery’s products and services ordered via the Program.
O. Ole Smoky Distillery’s Terms and Conditions of Sale set forth shall apply to all orders placed via the Program, unless Ole Smoky Distillery and Customer have entered into any other agreement regarding the purchase or license of the Ole Smoky Distillery products being purchased ("Purchase Agreement"), in which case the terms and conditions of such Purchase Agreement shall govern the purchase and license of Ole Smoky Distillery products ordered via the Program.
P. The parties agree that Ole Smoky Distillery shall not be liable for any incidental, consequential or special damages arising from, or as a result of, the electronic transmission of orders or other information even if Ole Smoky Distillery has been advised of the possibility of such damages.
Q. Customer hereby waives any future challenge to the validity and enforceability of any order submitted via the Program on the grounds that it was electronically transmitted and authorized.
R. Customer is responsible for all costs and charges, including phone charges and telecommunications equipment, incurred in order to use the Program.
S. The validity, interpretation, and performance of these Terms shall be controlled by and construed under the laws of the country where Ole Smoky Distillery accepts the order, and Customer accept the exclusive jurisdiction of the courts of that country, provided that Ole Smoky Distillery shall at all time have the right to commence proceedings against Customer in any other court of appropriate jurisdiction for collection of its outstanding invoices to the Customer.
3. Our Return Policy
Please click here to view our Return Policy.
4. Pricing for Gift Shop
All prices are listed in U.S. dollars.
GROUND SHIPPING: You can expect delivery, via FedEx Ground service within 6-9 business days from the day you place your order. The fee for shipping will be based on weight of merchandise ordered and calculated at time of purchase.
Questions about your order? For all customer service inquiries please email us at shop@osdistillery.com
Returns: Please e-mail us at shop@osdistillery.com if you experience a problem with your shipment.
5. Use of Information/Materials
You may print or have printed by a third party any downloadable information or materials offered on this Site provided that all of the following five conditions are met:
You use the materials or information solely for private purposes and not for direct or indirect commercial purposes;
Your use of the materials is for lawful purposes;
No copyright or other notice regarding the rights or property of third parties is removed from the materials/information;
You reside in a country or territory where the consumption of alcoholic beverages is permitted; and
You are of a legal age to consume alcoholic beverages pursuant to the laws of the country or territory in which you reside.
6. Copyrights, Trademarks and other Intellectual Property Rights
The content of this Site, including without limitation any trademarks, designs, logos, text, images, audio and video materials thereon, is the intellectual property of Ole Smoky Distillery or its subsidiaries or affiliates (“Ole Smoky Distillery’s Proprietary Material”) unless otherwise stipulated in writing. Ole Smoky Distillery’s Proprietary Material is protected under the laws of the United States and other nations around the world, and under international treaties – in particular under copyright and trademark laws. You are not permitted to remove any copyright or other proprietary notice from Ole Smoky Distillery’s Proprietary Material. You are also not permitted to publish, distribute, transmit online or offline or otherwise use Ole Smoky Distillery’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of Ole Smoky Distillery.
7. No License
Except for the limited license to download and print certain material / information from this Site for non-commercial and private purposes only, you have no right to use Ole Smoky Distillery’s Proprietary Material. All rights with respect to Ole Smoky Distillery’s Proprietary Material remain the exclusive property of Ole Smoky Distillery.
8. Disclaimer of Warranties / Exclusion of Liability
A. Your use of this Site is at your own risk. THIS SITE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT AS EXPRESSLY REQUIRED BY LAW, OLE SMOKY DISTILLERY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THIS SITE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. OLE SMOKY DISTILLERY AND/OR ITS RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. OLE SMOKY DISTILLERY HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF AND OLE SMOKY DISTILLERY SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, OLE SMOKY DISTILLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT OR TITLE, AND IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND ACCURACY. FURTHER, OLE SMOKY DISTILLERY DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF COMPUTER VIRUSES.
B. YOU AGREE THAT OLE SMOKY DISTILLERY AND ITS SUBSIDIARIES AND AFFILIATES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF OLE SMOKY DISTILLERY WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. OLE SMOKY DISTILLERY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
C. You are aware that technical downtimes and malfunctions of this Site may occur and that this Site may be unavailable from time to time for technical reasons.
D. To the extent hyperlinks to other web sites exist on this Site, Ole Smoky Distillery does not assume any liability as to their content and functioning reliability. Links to other web sites are merely provided by Ole Smoky Distillery as a convenience.
9. Indemnification
You hereby agree to indemnify and hold Ole Smoky Distillery and its subsidiaries and affiliates harmless from and against any claims for damages or other claims asserted against Ole Smoky Distillery or its subsidiaries or affiliates, including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs and expenses (including without limitation reasonable legal fees) arising from your use – in any form whatsoever - of this Site, from information you transmit to this Site, from your violation of any rights of third parties, or from your breach of these terms and conditions of use.
10. Communications with this Site
A. Do not transmit to or via this Site any pornographic, obscene, offensive, defamatory or otherwise unlawful content.
B. Any other communication you transmit to this Site, whether by e-mail, mail, uploading or in any other form, will be treated as non-confidential and non-proprietary. This communication can be deleted by Ole Smoky Distillery at any time. By sending content/information (including without limitation photographs) to this Site, you grant Ole Smoky Distillery a royalty-free and irrevocable and exclusive license, unlimited in time, territory and content, to use such content and information. The license to Ole Smoky Distillery includes in particular:
(i) the right of use in business activities on image and data carriers as well as in printed works of its own or of third parties;
(ii) the right to use and exploit your communications in digital online and offline media (such as internet, CD-ROM, CDi, CDe, DVD);
(iii) the right to use your communications in analogue and/or digital electronic databases, data networks and telephone services or similar multimedia services;
(iv) the right, where necessary, to modify your communications;
(v) the right to grant sublicenses to third parties.
(vi) The right to use your name and area where you reside.
C. In addition, you declare that the persons shown on any materials sent in by you, have consented to the publication of their pictures in the specific context it was sent to Ole Smoky Distillery and in context with alcohol beverages in the advertisement sector.
D. In the event of a failure to adhere to the guarantees mentioned in this Section, the user shall hold Ole Smoky Distillery harmless from and against any claims asserted by third parties, including without limitation attorney’s fees, on first demand. This does not prevent Ole Smoky Distillery from claiming any further-reaching damages suffered by it.
11. Privacy
Please click here to view our Privacy Policy.
12. Further Terms and Conditions of Use
Other areas of this Site may contain further terms and conditions of use, which will govern your use of the Site together with the present terms and conditions of use.
13. Governing Law / Place of Jurisdiction
This Site is controlled and operated by Ole Smoky Distillery from its offices within the United States of America. Any claim relating to this Site shall be governed by the internal substantive laws of the United States and the Commonwealth of Tennessee. You and Ole Smoky Distillery agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Tennessee. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose. Your conduct may be subject to other laws. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
14. Final Provisions
A. Ole Smoky Distillery makes no claims that the content of this Site may be downloaded outside of the United States. If you access this Site from outside the United States, you do so at your own risk. In such case, you are responsible for compliance with the laws of the country or territory in which you are located in relation to such access. References to a particular product or service do not imply that Ole Smoky Distillery intends to make such products or services available in all countries.
B. Should any provision of these terms and conditions of use be invalid or should there be a gap in these terms and conditions of use, this shall not affect the validity of the remaining provisions.
C. Ole Smoky Distillery shall only be legally bound by written agreements. Any oral arrangements between the parties shall not be legally binding, unless confirmed by Ole Smoky Distillery in writing.
D. Ole Smoky Distillery reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address or for particular registered users to this Site.
