Terms and Conditions of Sale

Terms and Conditions of Sale


  1. Governing Terms: All transactions are subject to these Terms and Conditions of Sale. Any proposals with differing terms are rejected unless specifically agreed to in writing by Fanale Drinks. Counter Proposals do not alter the contract of sale.


  1. Contract Formation: An order is an offer to purchase and is binding only upon Fanale Drinks' written acceptance or shipment. Automatic responses do not constitute acceptance.


  1. Credit Terms: Credit terms are at Fanale Drinks' discretion. Fanale Drinks may cancel sales or alter credit terms based on the customer’s creditworthiness, requiring advance payment or security.


  1. Delivery Costs and Taxes: The customer is responsible for delivery costs and any applicable taxes or charges.


  1. Title and Risk: Title remains with Fanale Drinks until payment is complete. Risk of loss transfers to the customer upon shipment.


  1. No Set-Off: The customer may not withhold payments or set off amounts without Fanale Drinks' prior written consent.


  1. Patents: Fanale Drinks may discontinue sales of products that it believes infringe on patents or trademarks unless licensed.


  1. Warranties: Fanale Drinks' only warranty is that products meet Fanale Drinks’ specifications. No other warranties, express or implied, are provided. Fanale Drinks’ sole obligation is to repair or replace non-conforming products.


  1. Limitation of Liability: Fanale Drinks' liability is limited to the purchase price of the products. Fanale Drinks is not liable for incidental, consequential, or punitive damages.


  1. Inspection: The customer must inspect products upon receipt and report any issues within 30 days. Failure to do so waives all claims.


  1. Non-Performance: Fanale Drinks is not liable for delays or non-performance due to events beyond its control. The customer remains responsible for payment.


  1. Fanale Drinks' Rights: Fanale Drinks may suspend shipments for the customer’s non-compliance. Remedies are cumulative and not exclusive.


  1. Governing Law: This agreement is governed by California law, excluding the UN Convention on Contracts for the International Sale of Goods.


  1. Dispute Resolution: Disputes will be settled by arbitration in Alameda County, California, under American Arbitration Association rules. Arbitration awards are final and binding.


  1. Assignment: This contract is non-transferable without written consent, except by Fanale Drinks to affiliates or in cases of merger or asset transfer.


  1. Compliance and Export Laws: Both parties must comply with applicable laws, including U.S. export regulations. The customer must adhere to export laws.


  1. Content Disclaimer: Website content is for informational purposes only. Alcohol consumption risks are noted. The website does not endorse specific products or consumption.


  1. Miscellaneous: These Terms and Conditions represent the entire agreement. Modifications must be in writing and signed by both parties. Invalid provisions do not affect the remaining terms. Headings are for convenience and do not affect interpretation.

Terms & Conditions of Service