Terms of service

ACCEPTANCE, APPLICATION & SCOPE

These Terms & Conditions (the “Terms & Conditions” or “Terms”) govern your access and use of the Luekens Wine & Spirits’ (“Luekens”) website (luekensliquors.com) and webpages, mobile websites, webpages, and/or app, retail stores (the “Stores” or “Store”), and reward and/or loyalty programs (collectively, the “Sites” or “Site”), whether directly or indirectly. 

These Terms & Conditions apply to all individuals who access or use any of the Sites ("Users") or engage in any transactions with Luekens Wine & Spirits, regardless of the User's purpose, intent, or frequency of use. Throughout these Terms, "you" and "your" refer to each User and their representatives (unless otherwise specified by context), while "we," "us," "our," and “Luekens” refer collectively to Luekens Wine & Spirits. 

Visiting or shopping in any Luekens Store or using the Sites, in any form, whether in person, through automated means or otherwise, constitutes your acknowledgment of and agreement to these Terms & Conditions, our Privacy Policy, and any additional policies or terms referenced within or applicable to specific areas of the Sites. These Terms & Conditions, together with any supplemental terms, govern all products and services we make available through the Sites. They also apply to purchases made at our Stores, unless otherwise specified. 

We reserve the right, at our sole discretion and at any time, to update, amend, or otherwise modify these Terms & Conditions, including, but not limited to, adding new provisions related to the use of the Sites or the services we provide. Any changes to these Terms & Conditions will be effective immediately upon posting the updated Terms & Conditions on our website, and the "Last Updated" date will be revised to reflect the changes. It is your responsibility to review the Terms & Conditions periodically to remain informed of any modifications. By continuing to access or use the Sites after such changes are posted or after being notified of any material changes, you acknowledge and agree to the updated Terms & Conditions.

We reserve the right to restrict or deny access to the Sites, including any of our Stores, to anyone who fails to comply with these Terms & Conditions or who, at our sole discretion, disrupts the experience of others using our Sites or infringes upon the rights of others.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE A REQUIREMENT FOR AND AGREEMENT TO MANDATORY AND BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE THAT ANY DISPUTE ARISING FROM OR RELATED TO YOUR USE OF THE SITES OR STORES MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES A WAIVER OF CLASS ACTION RIGHTS, REQUIRING YOU TO ADDRESS ANY DISPUTE ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION. ADDITIONALLY, THIS AGREEMENT INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL. IF YOU DO NOT AGREE TO THESE TERMS IN FULL, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES.

THE SITES ARE INTENDED FOR ACCESS AND USE WITHIN THE UNITED STATES ONLY BY INDIVIDUALS WHO ARE 21 YEARS OF AGE OR OLDER. If you do not meet these age and location requirements, you are not authorized to access or use the Sites.

ALCOHOLIC BEVERAGE AGE RESTRICTIONS

We are committed to ensuring that alcoholic beverages are not sold, picked up, or delivered to individuals under the age of 21. By using the Sites, you represent, warrant, and affirm that you are over the age of 21. Luekens does not sell alcohol to persons under the age of 21 and takes reasonable steps to ensure compliance with all applicable laws, including, without limitation, to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21.

By accessing or using the Sites, you further represent that any individual placing an order, picking up an order in-store, or receiving a shipment or delivery of alcoholic beverages from Luekens (where permitted) is over the age of 21 and possesses a valid government-issued photo identification to verify their age. You acknowledge and agree that Luekens is not responsible if an order or shipment cannot be completed due to non-compliance with these requirements by you or any individual acting on your behalf. 

Your representations regarding age and lawful use of the Sites are critical to your continued access to and use of the Sites. If you intentionally or unintentionally misrepresent your age or allow alcohol to be provided to individuals under the age of 21, Luekens reserves the right to take appropriate actions, including reporting such actions to the relevant authorities and denying access to the Sites.

If you are under the age of 21, you are prohibited from using or accessing the Sites and may not make purchases of alcoholic beverages through the Sites.

NOT FOR RESALE

You represent and warrant that any purchase(s) made by you or on your behalf from Luekens is intended for personal consumption only and not for resale. 

ACCESSIBILITY DISCLAIMER AND CUSTOMERS WITH DISABILITIES

Luekens is committed to ensuring that individuals with disabilities enjoy full and equal access to our website. As part of this commitment, we continually strive to improve the accessibility and usability of this website in accordance with the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA (or other applicable standards), or other applicable standards or requirements of the Americans with Disabilities Act (ADA). 

Our website is designed to be compatible with widely used assistive technologies and screen readers to ensure that visually impaired customers can enjoy it. We understand that accessibility is an ongoing effort, and we are continuously working to enhance our website’s user experience. If you encounter any accessibility barriers on our website or have suggestions on how we can improve, we encourage you to reach out to us.

Contact Us:

To report an accessibility issue, please contact us for assistance at: customerservice@luekensliquors.com, or write us at P.O. Box 1098, Dunedin, Florida 34697, Attn: Website Accessibility. When contacting us, please include the following details:

• The date and time you encountered the issue.
• The specific webpage or feature where the issue occurred.
• A brief description of the problem, including any error messages received.
• The browser and version, operating system, and assistive technology (if applicable) you were using at the time of the issue.

We are committed to resolving any accessibility concerns promptly and appreciate your feedback as we work to enhance the usability of our site for all users.

PARENTAL CONTROL PROTECTIONS

In accordance with the Communications Decency Act of 1996, we are required to inform you that parental control protections are commercially available to help you limit access to material that may be harmful or objectionable to minors, as defined by applicable law. These protections may include computer hardware, software, or filtering services designed to restrict or block access to such content. Examples of companies that provide these services include CyberPatrol, NetNanny, and SurfWatch. Please note that Luekens does not sponsor, endorse, or have control over these companies or their services, and we are not responsible for their functionality or availability. We encourage parents and guardians to use these tools to create a safer online environment for minors.

USE OF OUR SITES, REPRESENTATIONS AND WARRANTIES

At Luekens, our aim is to provide a positive, seamless, and secure experience through the use of our Sites. To promote these goals and ensure compliance with legal and ethical standards, we impose the following guidelines and restrictions on the use of our Sites. By accessing or using the Sites, including visiting any of our Stores, you agree not to:

• Violate any federal, state, local, or international laws, regulations, rules, or ordinances applicable to your use of the Sites, whether intentionally, recklessly, negligently, or unknowingly.
• Provide false, misleading, or inaccurate information; misrepresent your identity; or commit fraud or engage in fraudulent activities of any kind.
• Infringe, misappropriate, or violate the intellectual property rights, privacy rights, or other legal rights of Luekens or any third party.
• Alter, tamper with, or disrupt the integrity or functionality of the Sites, including attempting to circumvent any security features, transmit malicious code or viruses, or engage in unauthorized access to any areas of the Sites or Luekens’ systems.
• Use the Sites for any purpose that is illegal, abusive, obscene, defamatory, harassing, harmful, discriminatory, or otherwise objectionable, including actions that disparage or harm the reputation of Luekens, its employees, or its customers.
• Collect, track, or harvest the personal data of other users without their explicit consent or engage in any automated data collection practices, such as scraping, crawling, or phishing.
• Attempt to reverse engineer, decompile, disassemble, or replicate any of the software or technologies used in the operation of the Sites.
• Frame, mirror, or link to the Sites without prior written authorization from Luekens.
• Use the Sites to engage in any activity that violates these Terms & Conditions or advocates, encourages, or assists others in doing so.

You acknowledge and agree that you are solely responsible for ensuring compliance with all applicable laws, codes, and regulations that apply to your use of the Sites and any purchases you make through the Sites, regardless of your knowledge of such requirements. You further represent and warrant that you are authorized to use the Sites in accordance with these Terms & Conditions and that you will immediately cease use of the Sites if any activity or purchase would violate applicable laws.

Additionally, you agree to notify Luekens promptly of any unauthorized use of your account, any breach of security, or any concerns about misuse of the Sites.

Any comments, suggestions, ideas, or other feedback provided to Luekens through the Sites shall become the sole property of Luekens, with no obligation to compensate you. Luekens may use such feedback for any purpose, including but not limited to enhancing the Sites, products, or services, without further notice to or approval by you.

LOYALTY & REWARDS PROGRAM

Luekens may, from time to time, offer customers the opportunity to participate in a loyalty rewards program or similar initiatives (collectively, "Loyalty Program") at its sole discretion. Participation in any such program, if offered, will be subject to specific terms and conditions governing the Loyalty Program, which will be provided at the time of sign-up. By agreeing to these Terms & Conditions, you acknowledge that any future participation in a Luekens Loyalty Program will also be governed by the applicable Loyalty Program terms and conditions, which will be incorporated herein by reference. Any such terms and conditions may vary by state, store location, or program specifics, as required by law or at Luekens’ discretion. For more information on any potential Loyalty Program, please visit our website or inquire in-store.

SHOPPING, PURCHASE & FULFILLMENT METHODS

When using our Sites, please ensure that you select the appropriate location or fulfillment method using the "My Location" feature on the top right-hand corner of the landing page header. This selection allows you to view details about the specific services, fulfillment methods, and products available at each store or through our online platform, so it is best to make this selection when first visiting our Sites. 

Upon making the above selection, whether at the landing page header, shopping cart or checkout, including at the approval of your order, you will have the following options to view products or receive your purchase, depending on availability and your selected location: (1) In-Store Pickup: You will see specific products available at the particular Store selected, and, at the approval of your order, a Luekens team member will prepare your order and have it ready for you to pick up at the store location of your choice at your convenience; (2) Delivery: Where available, you will see specific products available based on the address selected for delivery, and, at the approval of your order, a Luekens team member or a third-party delivery service will deliver your order to your home or another authorized location within the designated delivery service territory of the selected store; or (3) Shipping: For eligible products and locations, we may ship your order either intrastate or interstate, using a common carrier to deliver your purchase to the address you specify. Please note that certain delivery and shipping restrictions may apply based on state or federal regulations.

It is your responsibility to ensure that your selected fulfillment method complies with all applicable laws, regulations, and these Terms and Conditions. Certain items may not be eligible for all fulfillment methods, and not all products or services are available in every location. Additional terms related to shipping, delivery, or in-store pickup may apply and are detailed in our Shipping Policy.

ACCOUNTS

You may create a personal account (“Account”) to streamline your shopping experience on the Sites, place orders, or participate in any future loyalty or rewards programs we may offer. While creating an Account is optional, doing so allows for a more convenient checkout process. Without an Account, you may need to re-enter your personal information each time you make a purchase.

When creating an Account, you may be required to provide accurate and complete personal information, including but not limited to your name, email address, phone number, and shipping address (“Personal Information”). Your use of the Sites and submission of Personal Information is subject to our Privacy Policy for details on how we collect, use, and protect your data.

By creating an Account, you agree to: Provide truthful, accurate, and complete information during registration and keep this information updated at all times; Use your Account solely for personal purposes and not share, transfer, or sell your Account to any third party; and Maintain the confidentiality and security of your username, password, and any other authentication credentials associated with your Account. You are solely responsible for all activities conducted through your Account and for ensuring compliance with these Terms & Conditions.

We reserve the right to review, suspend, or terminate your Account at our sole discretion if we suspect that: Information provided during registration is inaccurate, incomplete, or misleading; Your Account is being used in violation of these Terms & Conditions, applicable laws, or regulations; or Unauthorized or fraudulent activity has occurred in connection with your Account.

Luekens shall not be liable for any loss or damages arising from your failure to maintain accurate Account information or from unauthorized access resulting from your failure to safeguard your credentials.

If you wish to deactivate your Account, please contact us at customerservice@luekensliquors.com. Note that certain Account information may be retained for compliance with legal, regulatory, or operational requirements.

ORDER CONFIRMATION & ACCEPTANCE

Your receipt of an order confirmation, whether electronically, telephonically or through any other method, does not signify our acceptance of your order, and does not constitute confirmation of any offer by Luekens to sell you any particular product. 

ORDER VALIDATION, LIMITATIONS & PRODUCT AVAILABILITY

After placing an order, we reserve the right, at our sole discretion, to review and verify the information you provide to ensure compliance with these Terms & Conditions. This may include validating your payment method, shipping address, and any other details necessary to process your order. 

We may, at our sole discretion, limit or cancel quantities purchased per individual, per account, per household, or per order. This may include orders placed using the same account, the same credit card, or orders using the same billing and/or shipping address. Additionally, we reserve the right to reject any order you place with us for any reason, including but not limited to concerns related to compliance with these Terms & Conditions, suspected fraud, or limitations in product availability. If we make any changes to your order, or if your order is canceled, we will attempt to notify you using the contact information provided at the time of the order, including email and/or billing address, where applicable. In the event your order is canceled, whether in whole or in part, and a charge has already been applied to your payment method, we will issue a refund for the applicable amount. Please note that the timing of refunds may vary based on your bank or payment provider's policies.

Please note that not all items listed on the Sites are available for purchase in all Stores, and prices, promotions, and quantities may vary depending on the location. Some items, including highly-allocated or limited-quantity products, may appear on the Sites but may not be available for sale or may only be available in limited quantities. We reserve the right, in our sole discretion, to restrict or refuse the sale of such items, including situations where inventory levels exceed customer demand. We encourage you to contact the Store directly for the most up-to-date information on product availability, promotions, and purchase limitations.

TITLE, OWNERSHIP & DELIVERY DISCLAIMERS

The laws governing the sale, transportation, and delivery of alcoholic beverages and related products are intricate, vary by jurisdiction, and are subject to change. Title to, and ownership of, all alcoholic beverages and other products sold through the Sites passes to you, or your designated recipient where applicable, upon purchase from the Store of choice as selected by you on the Sites. If no specific Store is selected based on your chosen fulfillment method, title and ownership will pass in the State of Florida at the time of purchase. Alternatively, you, or your designee, may pick up your purchase at a Luekens Store. If you opt to have your purchase shipped, you acknowledge that Luekens is arranging transportation solely as a service to you and on your behalf. Any shipping or delivery is conducted under your explicit instructions and direction. Luekens makes no representations, warranties, or guarantees about the legality of shipping alcoholic beverages to your location. By selecting shipping as your delivery method, you affirm that you are acting in compliance with all applicable laws, codes, and regulations in your jurisdiction, including, but not limited to, any federal, state, municipal, or local requirements regarding the purchase, shipping, and receipt of alcoholic beverages. This includes obtaining any necessary permissions, licenses, or consents and paying any required taxes or fees.

Failure to comply with applicable laws or these Terms & Conditions may result in the cancellation of your order, and any costs incurred as a result will be your sole responsibility. If Luekens or its delivery partners determine that fulfilling your order would be unsafe, inappropriate, or unlawful, Luekens reserves the right to cancel the order. By using Luekens’ Sites, you agree to defend, indemnify, and hold harmless Luekens, its affiliates, and their respective officers, directors, members, agents, contractors, managers, and employees from and against any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to any breach of these Terms & Conditions, including, without limitation, any representations and warranties set forth herein.

IMPORTANT NOTICE: If you cannot make the required representations, warranties, and affirmations, or if you do not agree with these Terms & Conditions, do not use the Sites or place any orders. If you have already placed an order, you agree to cancel it immediately and cease any further use of the Sites.

IN-STORE PICKUP

All orders, including in-store pickup orders, are subject to product availability and may be limited to specific Luekens locations or platforms, such as mobile apps. Once your order is confirmed, it will be made available for pickup at the Luekens location you designated during checkout, according to our pickup policies and these Terms & Conditions. We will use the email address, phone number, or other contact information you provided to notify you when your order is ready for pickup. At the time of pickup, the person retrieving the order must present proof of purchase, which may include, without limitation, a valid government-issued identification verifying that they are the purchaser and 21 years of age or older, as well as the credit card used for payment, unless otherwise specified. Depending on state regulations, only the individual who placed the order may be allowed to pick it up. Check with the designated Luekens location to determine applicable policies.

If your order is not picked up within 14 days of notification, we may attempt to contact you using the contact information provided during the order process. We reserve the right to cancel the order, return the items to inventory, and issue a refund to the original payment method. Refunds will be subject to your bank’s or credit card company’s policies, which may dictate the time frame for funds to be credited to your account. Additional restrictions or policies may apply to in-store pickup orders based on local regulations or store-specific procedures. For more details, please refer to our Store Pick-Up FAQ for more information.

DELIVERY

All orders, including delivery to your home, office, event location, or other designated delivery location, is generally fulfilled from a Luekens Store or other Luekens location depending on the delivery address provided. Delivery orders fulfilled by Luekens are subject to product availability, state laws, and store-specific policies. Alcoholic beverages require valid identification at the time of delivery. You must be 21 years of age or older to accept delivery of alcoholic beverages. You (or, where permitted, your authorized designee) will be required to present a valid government-issued identification at the time of delivery. If the delivery driver or our delivery partner determines, in their sole discretion, that furnishing alcohol to you or your designee is unsafe, illegal, or otherwise inappropriate, the delivery may be refused. In such cases, you may be charged a restocking fee, and any additional delivery attempts are at our discretion and may incur redelivery fees.

If a delivery cannot be completed for reasons beyond our control (e.g., you or your designee fail to provide proper identification or are not present at the delivery address), you understand and agree that Luekens is not responsible for delays or issues resulting from these circumstances. It is your responsibility to immediately notify us, but no later than three (3) days from the date of receipt or delivery confirmation (as applicable) if your order is incorrect, incomplete, or not received. Failure to notify us within this timeframe may result in forfeiture of your rights to dispute the order or request a replacement. 

Additionally, you may provide your phone number or email address to receive notifications regarding your delivery status, which will be subject to these Terms & Conditions, including our Mobile Policy.

SHIPPING

Luekens makes no representations or warranties regarding the legality of shipping alcoholic beverages to your location. By placing an order for the shipment of alcoholic beverages through our Sites, you authorize Luekens to act on your behalf to engage a common carrier or delivery service to transport your order. As with in-Store pickup and delivery, you (or, where permitted, your authorized designee) must be 21 years of age or older and provide valid government-issued identification upon receipt of the shipment. Failure to provide proper identification may result in the carrier or delivery service refusing to release the shipment, and any associated costs, including return or restocking fees, will be your responsibility, and you authorize us to charge your account, credit card or other form of payment for any potential return or restocking fees, or deduct from any refund amount the return or restocking fees (where applicable).

All orders placed through our Sites are subject to product availability and will be shipped in accordance with our Shipping Policies, which may vary depending on state laws and regulations. It is your responsibility to ensure that the shipping address you provide complies with all applicable laws regarding the receipt of alcoholic beverages.

In the event that your order is lost or does not arrive, you must notify us within thirty (30) days of receiving your shipping confirmation email. Failure to notify us within this timeframe may result in forfeiture of your right to dispute the shipment or request a replacement. For additional information on shipping rates, timelines, and restrictions, please refer to our Shipping Policies.

MOBILE APPS

In addition to traditional websites, webpages and/or mobile websites or webpages, Luekens also may offer certain services, products and features through our Sites via a mobile app, cellular device, tablet or smartphone (“Mobile Sites”). In order to utilize these Mobile Sites, certain data, messaging, and other fees may be assessed or charged by your particular carrier. These charges or fees are unrelated to Luekens, and any questions should be directed to our particular carrier. Luekens is not responsible for, and has no control over, these charges or fees. 

CREDIT CARD AUTHORIZATION

If you are paying for your order via credit card, debit card, Apple Pay, Google Pay, Pay Pal, or any other form of authorized payment, by accepting these Terms & Conditions, you hereby authorize Luekens to charge the credit card, debit card, or other form of authorized payment for the noted or authorized amount, including any return or restocking fees in accordance with these Terms & Conditions.  Further, you represent, warrant and affirm that you are an authorized user of the submitted credit card, debit card or other form of authorized payment, and that you will not dispute the payment with the merchant.

CANCELLATION, RESTOCKING, REDLIVERY, RE-SHIPPING FEES & CHANGE OF ADDRESS FEES

Cancellations or rescheduling requests for orders placed on our Sites can only be made prior to the order leaving our Store, including any warehouse. Once the order has left, cancellations are not guaranteed and may incur additional fees. Below are some examples for when a modification, change, cancellation or issue with an order may result in additional fees:

• Orders Already Packed or Dispatched: If an order has been packaged or left the Store (or warehouse where applicable), cancellations or rescheduling may be subject to a cancellation, restocking, change of address or redelivery fee, including, without limitation, a minimum fee of $20 per package. This also applies to “gift” orders where the sender specifies the delivery method and time.
• Undeliverable Orders: If Luekens, third party delivery provider, the courier or carrier is unable to deliver your order for any reason, including but not limited to, no one is available or over the age of 21 to receive the order, delivery is deemed illegal, unsafe, or inappropriate, or the order is refused at delivery, you may be subject to a cancellation, restocking or redelivery fee.
• Incorrect Address: If an incorrect delivery address is provided at the time of purchase and the order has already left the store or warehouse, a change of address fee, redelivery or cancellation fee may be assessed against you.
• Subsequent Delivery Attempts: If the initial delivery attempt fails for any reason, additional delivery or re-shipping attempts will be at our sole discretion and may be subject to additional redelivery, re-shipping fees, change of address or cancellation fees. 

We reserve the right to determine the applicable fees on a case-by-case basis to account for costs incurred. For further details, please contact our Customer Service team.

RETURN POLICY

See our Return Policy for more information, which are incorporated herein by express reference. Our goal is to ensure that all our customers are satisfied with their orders. If you need to return an item for any reason, please contact our Customer Service team at customerservice@luekensliquors.com. Please note that certain state laws may prohibit returns, except in cases where the product is spoiled or otherwise unfit for consumption. 

ERRORS

Product information, including but not limited to descriptions, details, vintages (including vintages displayed on images), images, prices, promotions, and availability, is provided for convenience only, may vary by Store, and is subject to change without notice. While we strive to ensure accuracy, errors may occur. Luekens reserves the right to correct any inaccuracies or typographical errors, and to limit, modify, or cancel any orders placed or quantities purchased at our sole discretion, whether or not the order has been confirmed or your payment method charged.

In the event of an error—such as incorrect pricing, product information, or promotional offers—we reserve the right to refuse or cancel any orders associated with the error. If your payment method has already been charged for the purchase and your order is canceled, we will issue a credit to your payment method in the amount of the charge. Please note that individual bank policies may determine when the credited amount will appear in your account.

Customers are responsible for reviewing order details before submitting a purchase. Luekens is not liable for errors resulting from incorrect information provided during the ordering process. 

VINTAGE SUBSTITUTIONS

Unless an order includes specific notes related to vintage specific request for any particular product, we reserve the right to substitute any product, in particular, without limitation, any wine product, purchased with a comparable vintage of the same wine.

COPYRIGHT NOTICE

The Sites and their content, including, but not limited to, trademarks, designs, logos, text, images, audio and video clips, photographs, graphics, icons, software, and other intellectual property (collectively, “Content”), are the property of, owned by, and proprietary to Luekens or its licensors. The Sites may also include trademarks, trade names, and service marks owned by third parties. Nothing on the Sites or in these Terms & Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right under any copyright, trademark, trade secret, patent, or other intellectual property right to you, unless expressly authorized in writing by Luekens or the applicable rights holder. Any unauthorized use of the Content is strictly prohibited. You may not copy, reproduce, modify, distribute, publish, transmit, publicly perform, display, create derivative works from, sell, exploit, or otherwise use the Content in any manner for any public or commercial purpose without our prior written consent. You may not use the Content in a way that could cause confusion among consumers or that disparages or discredits Luekens or its licensors. If you violate any of these terms, your permission to use the Content will automatically terminate. Upon termination, you must immediately destroy any Content in your possession, including all copies made or stored in any medium, and we reserve the right to revoke your authorization to access or use the Sites. All rights not expressly granted are reserved by Luekens and its licensors.

THIRD PARTY CONTENT & LINKS

The Sites may contain third-party content, including, but not limited to, opinions, advice, statements, advertisements, services, offers, events, links to external websites, or other information provided by independent third parties (collectively, “Third-Party Content”). Any such Third-Party Content reflects the views and opinions of the respective authors or distributors and does not necessarily reflect the opinions of Luekens. You acknowledge and agree that Luekens does not control, verify, endorse, or guarantee the accuracy, completeness, or reliability of any Third-Party Content, and Luekens is not responsible for the availability, content, advertising, products, services, or any other materials on or available through third-party websites or resources. The inclusion of any link on the Sites does not imply our endorsement or sponsorship of the linked website or its content. Accessing or relying on any Third-Party Content is solely at your own risk. 

Certain parts of the Sites may use Third-Party Content that includes access to video content, including, but not limited to, YouTube, Vimeo, Google, Facebook, Instagram, Tik-Tok or other similar third parties. By interacting with the Third-Party Content videos through the Sites, you agree to comply with the respective terms of service for each platform. 

MOBILE SMS/TEXTING AND MOBILE APP TERMS

MOBILE TERMS OF USE

Luekens offers features and areas on its Sites accessible via computer or mobile devices, including smartphones. These features may include the ability to upload content, make purchases, determine your location, and other similar activities. Standard messaging, data, and other fees may apply, depending on your carrier. For questions about such charges, please contact your mobile carrier, as Luekens has no control over and is not responsible for such costs.

By accessing or using these mobile features or services, you consent to these Terms & Conditions. Luekens may send communications to your mobile device regarding your transactions, accounts, or other services. You also agree that we may collect information about your mobile device in connection with your use of these features. 

PLEASE READ THESE MOBILE TERMS OF USE CAREFULLY BEFORE ENROLLING IN ANY LUEKEN TEXT MESSAGING PROGRAM. BY OPTING IN TO RECEIVE TEXT MESSAGES FROM OR ON BEHALF OF LUEKEN, OR BY PROVIDING YOUR PHONE NUMBER TO LUEKEN OR ACCESSING, BROWSING, OR USING OUR MOBILE APPLICATION, YOU REPRESENT AND AGREE THAT: (1) YOU ARE THE CURRENT OWNER OR REGULAR USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO LUEKEN FOR PARTICIPATION IN THE PROGRAM; AND (2) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE YOUR MOBILE PHONE TO ACCESS OUR SITES OR PARTICIPATE IN THE LUEKEN TEXT MESSAGING PROGRAMS. YOU ALSO AGREE TO ABIDE BY LUEKEN’ TERMS & CONDITIONS AND PRIVACY POLICY IN CONNECTION WITH TEXT MESSAGING, MOBILE PHONE, AND MOBILE APP USAGE.

SMS/TEXT MESSAGE ELIGIBILITY REQUIREMENTS

Age Requirements: You must be a U.S. resident aged 21 or older. Luekens reserves the right to verify your age.

Mobile Number Accuracy: You represent that you own or are the authorized user of the number you provide. If your mobile telephone number ever becomes reassigned, terminated or is otherwise no longer your mobile telephone number, you agree to PROMPTLY NOTIFY Lueken of any such reassignment or termination by sending an email to customerservice@luekensliquors.com. You are responsible for notifying Luekens of any changes to your number. Failure to notify may result in indemnification of Luekens for any claims or damages caused by such omission.

Message and Data Rates: All charges are billed by and payable to your mobile service provider. Luekens does not charge for sending or receiving text messages. Message and data rates may apply. Contact your carrier for additional information about rates and fees.

Message Delivery and Supported Carriers: Messages may be delayed or not delivered due to factors beyond Luekens’ control. Luekens is not liable for such issues. Supported carriers include major U.S. providers. Compatibility is your responsibility.

TYPES OF SMS/TEXT MESSAGE ALERTS

Below is an overview of the types of text messages you may receive from Luekens. Please note that opting to receive text messages is entirely voluntary and not a requirement for purchasing any products or services. Message and data rates may apply:

Transactional SMS/Text Messages:

·     Order Updates and Notifications. By providing your mobile phone number to Luekens, you agree to receive transactional or operational text messages related to your orders. These may include order confirmations, updates on the status of your in-store pick-up or curbside order, delivery notifications, and reminders. To receive status updates for specific orders, you may be required to confirm your preference for each notification individually. Message and data rates may apply.

·       Product Availability and Substitutions. In some cases, if an item in your order is unavailable, we may notify you via text message and provide you with an option to substitute the unavailable product for a similar one. Opt-in may be required for substitution alerts, and message and data rates may apply.

·       Shipping and Delivery Notifications. You may receive SMS/text updates about the shipping or delivery status of your order, including notifications from Luekens or third-party delivery providers. These messages are sent to keep you informed about your order’s progress. Message and data rates may apply. 

Marketing and Promotional Messages: By voluntarily signing up with your mobile phone number, you consent to receive occasional marketing and promotional text messages from Luekens. These may include notifications about upcoming sales, limited-time offers, exclusive discounts, and store events. Text messages may be sent using automated technology. Consent to receive marketing texts is not a condition of purchase, and message and data rates may apply.

CONSENT TO SMS/TEXT MESSAGE ALERTS

Opting In to SMS/Text Messages: By opting in to receive text messages from Luekens’ text messaging programs, you consent to these Terms & Conditions and agree to receive promotional, operational, or informational messages related to our products, services, and stores. To opt in, follow the instructions provided on our website or through other communication channels. By providing your mobile phone number and completing the opt-in process, you acknowledge and agree to be bound by these Terms & Conditions. If you do not consent, you will not be eligible to participate in our text messaging programs.

Opting Out of SMS/Text Messages: To stop receiving text messages from a specific Luekens text messaging program, reply STOP to the telephone number from which you no longer wish to receive messages. Alternatively, you may contact Luekens Customer Service at customerservice@luekensliquors.com to request removal from the program. You acknowledge that after replying STOP, you may receive a final confirmation text to verify your opt-out status. Following this confirmation, no further text messages will be sent from that specific program unless you re-enroll. Opting out of one program does not unsubscribe you from other Luekens text messaging programs to which you may be subscribed. To re-enroll, follow the opt-in instructions for the specific program.

Push Notifications: We may also send push notifications to your mobile device if you have enabled such features. To manage or disable push notifications, adjust your device or app settings as needed. 

Support/Help: For questions or assistance regarding our text messaging programs, reply HELP to the text message you received or contact Luekens Customer Service at customerservice@luekensliquors.com.

Termination of Text Messaging Services: We may suspend or terminate your participation in Luekens text messaging programs for any reason, including, without limitation, if we believe you are not using our services in accordance with these Terms & Conditions or if your mobile phone service is terminated or lapses. Luekens also reserves the right to modify, suspend, or discontinue any part of its text messaging programs at any time, with or without notice.

Changes to SMS/Text Messaging Terms: These SMS/Text Messaging Terms may be updated at any time without prior notice. By continuing to participate in any Luekens text messaging program, or by providing your mobile number for transactional, operational, or informational messages, you agree to any changes to these Terms. 

Questions: For additional information or questions about these SMS/Text Messaging Terms, please contact Luekens Customer Service at customerservice@luekensliquors.com.

PRIVACY POLICY

Your use of our Sites is also subject to our Privacy Policy, which are incorporated herein by express reference. 

TERMINATION OF USE

We reserve the right to terminate or suspend your account, access to the Sites, or use of any services provided through the Sites, at any time, with or without cause, and with immediate effect. You will remain personally responsible for any obligations, including payments, incurred prior to the termination or suspension of your account or access.

If we believe that you have violated these Terms & Conditions, engaged in fraudulent or unauthorized activities, or acted in a manner that disrupts or interferes with the Sites or our business operations, we may restrict, suspend, or terminate your account and access to the Sites without prior notice. In such cases, we reserve the right to pursue any remedies available under applicable law.

We also reserve the right, at any time and without prior notice, to modify, suspend, or discontinue all or any parts of the Sites, including features, functionality, or services offered. You acknowledge and agree that we are not liable to you or any third party for any modifications, suspensions, or discontinuation of access to or use of the Sites. Attempting to access the Sites after your account has been terminated or suspended is strictly prohibited and may result in legal or administrative action. 

SITE SECURITY

We are committed to protecting your personal information by implementing and maintaining commercially reasonable security measures. These include organizational, technological, and physical safeguards appropriate to the type of personal information we collect and store. However, no security system can guarantee absolute protection. As a result, we cannot ensure or warrant the complete security of your information. We encourage you to exercise caution when transmitting sensitive information online or through our Sites..

FORCE MAJEURE

Luekens shall not be liable for any failure or delay in the performance of these Terms & Conditions if such failure or delay is caused by: (a) any act of God, natural disaster, emergency condition, war, riot, embargo, government order, government shutdowns, supply chain disruptions, or other force majeure event; (b) any present or future law, regulation, code, court order, or action by the United States of America, any state, municipality, county, city, or local government body; (c) any act or omission of a third party, including, but not limited to, vendors, suppliers, distributors, or manufacturers; (d) computer or telecommunications failure or disruption; (e) strikes, labor disputes, or shortages; (f) pandemics; or (g) any other cause or condition beyond Luekens’ reasonable control.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD LUEKENS AND ITS OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS, CONTRACTORS, MANAGERS, EMPLOYEES, AFFILIATES, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO: (A) YOUR USE OR MISUSE OF THE SITES OR ANY PRODUCTS PURCHASED FROM THE SITES; (B) ANY VIOLATION BY YOU OF THESE TERMS & CONDITIONS OR ANY APPLICABLE LAW, CODE, OR REGULATION; (C) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT SET FORTH HEREIN; (D) YOUR FAILURE TO COMPLY WITH ANY REQUIREMENTS APPLICABLE TO YOUR PURCHASE OR USE OF PRODUCTS FROM THE SITES; (E) ANY ACT, OMISSION, NEGLIGENCE, OR FRAUD BY YOU OR ON YOUR BEHALF; OR (F) ANY CLAIM ASSERTED BY A THIRD PARTY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES OR PRODUCTS PURCHASED FROM LUEKENS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LUEKENS OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS, CONTRACTORS, MANAGERS, EMPLOYEES, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR TREBLE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOST PROFITS, BUSINESS OPPORTUNITIES, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR INABILITY TO USE THE SITES; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE SITES OR ANY PRODUCTS PURCHASED THROUGH THE SITES; (C) ANY FAILURE OR DELAY IN PROVIDING SERVICES OR PRODUCTS; OR (D) ANY BREACH OF THESE TERMS & CONDITIONS, WHETHER BASED ON TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LUEKENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IF YOU ARE DISSATISFIED WITH THE SITES, ANY PRODUCTS PURCHASED FROM THE SITES, OR ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND/OR RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY. NOTWITHSTANDING THE FOREGOING, LUEKENS’ TOTAL AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITES OR PRODUCTS PURCHASED THROUGH THE SITES, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO LUEKENS FOR THE SPECIFIC PRODUCT OR SERVICE IN QUESTION. THIS LIMITATION OF LIABILITY IS SEPARATE, DISTINCT, AND INDEPENDENT OF ANY OTHER LIMITATION OF LIABILITY SET FORTH HEREIN.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITES, THEIR CONTENT, AND ALL PRODUCTS AND SERVICES SOLD THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY.

LUEKENS DOES NOT GUARANTEE THAT THE SITES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK. LUEKENS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, OR COMPLETENESS OF THE SITES’ CONTENT OR ANY SERVICES OR PRODUCTS OFFERED.

DISPUTE RESOLUTION, ARBITRATION AND PROHIBITIONS AGAINST CERTAIN CAUSES OF ACTION

You and Luekens agree that this Agreement affects interstate commerce, and that the Federal Arbitration Act and federal arbitration law apply to disputes arising under this Agreement (regardless of any other choice of law provision). This section constitutes a "written agreement to arbitrate" under the Federal Arbitration Act, and you and Luekens agree that this section satisfies the "writing" requirement of the Federal Arbitration Act. To the extent that federal arbitration law does not supply substantive law for resolving disputes, the laws of the State of Florida will apply, excluding any conflicts of law principles.

PLEASE READ THIS SECTION CAREFULLY. THE FOLLOWING PROVISIONS INCLUDE A PRE-DISPUTE RESOLUTION PROCESS, A BINDING INDIVIDUAL ARBITRATION AGREEMENT, AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS.

TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE SITES, MAKING PURCHASES THROUGH THE SITES, OR ACCESSING ANY SERVICES PROVIDED BY LUEKENS, YOU AGREE THAT ANY DISPUTE ARISING BETWEEN YOU AND LUEKENS RELATING TO THE SITES, THE PRODUCTS, OR YOUR ACCESS AND USE OF THEM WILL BE RESOLVED EXCLUSIVELY THROUGH INDIVIDUAL ARBITRATION. PLEASE REVIEW THIS SECTION CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS AND HOW CLAIMS YOU HAVE AGAINST LUEKENS ARE RESOLVED.

You and Luekens agree that any and all disputes, claims, or controversies arising out of or relating in any way to the Terms & Conditions, the Sites, the services provided by Luekens, or products purchased through the Sites (collectively, "Disputes") will be resolved exclusively through confidential, binding arbitration. However, this agreement does not prevent you from pursuing claims in small claims court, if your claims qualify, or seeking injunctive relief in court for claims related to intellectual property rights, including, but not limited to, trademarks, copyrights, or patents.

YOU ARE WAIVING THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

PRE-ARBITRATION DISPUTE RESOLUTION

At Luekens, we strive to ensure your satisfaction. If you have a dispute, we encourage you to first contact us to resolve the matter informally. Before initiating arbitration, you agree to notify Luekens of the dispute by sending a written notice to Luekens Wine & Spirits, PO Box 1098, Dunedin, Florida 34697, Attn: Legal Department, Re: Dispute Notice. Your notice must include: (1) your name, address, and contact information; (2) a description of the dispute, including relevant facts and dates; and (3) the relief you are seeking. Luekens will review your notice and attempt to resolve the matter within 30 days. If the dispute is not resolved within this timeframe, you may proceed with arbitration as described below.

ARBITRATION PROCEDURE

If your dispute is not resolved through the pre-arbitration resolution process, you agree to resolve the matter through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. Arbitration will take place in Pinellas County, Florida, unless another location is mutually agreed upon. If the value of the claim is $10,000 or less, you or Luekens may elect to conduct the arbitration by telephone, video conference, or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing if deemed necessary.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida and will honor all claims of privilege recognized by law. The arbitrator's award will be final and binding, and judgment on the award may be entered in any court with jurisdiction.

CLASS ACTION WAIVER AND REPRESENTATIVE ACTIONS

You and Luekens agree that all claims or disputes must be brought on an individual basis and not as a plaintiff, claimant, or class member in a class, collective, or representative action. The arbitrator may not consolidate or join claims of other persons or parties or otherwise preside over any form of a class or representative proceeding. The arbitrator's decision will apply only to the individual dispute and will not impact or affect any other dispute or party. The arbitrator's award will be final, binding, and confidential. Judgment on the award may be entered in any court having jurisdiction. All filing, administrative, and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules. In the event arbitration is deemed unenforceable for any reason, you and Luekens agree that the prohibition on class actions and representative actions will still apply in any court proceeding.

MASS ARBITRATION

Luekens does not permit mass arbitration proceedings or consolidated claims involving multiple parties. Any claims shall be arbitrated on an individual basis only, as outlined in the Class Action Waiver and Representative Actions section above.

LIMITATIONS ON CLAIMS

You agree that any claim or cause of action arising out of or related to the Terms & Conditions or your use of the Sites must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred.

OPT-OUT OF ARBITRATION AGREEMENT

You may opt out of this arbitration agreement by sending a written notice to Luekens Wine & Spirits, PO Box 1098, Dunedin, Florida 34697, Attn: Legal Department, Re: Arbitration Opt-Out within 30 days of first using the Sites or completing a purchase through the Sites. Your opt-out notice must include your name, address, and a clear statement that you do not agree to the arbitration terms. Opting out of arbitration does not affect any other provisions of these Terms & Conditions.

SEVERABILITY

If any portion of this arbitration agreement is found to be unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

WAIVER OF JURY TRIAL AND DISPUTE RESOLUTION

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND LUEKENS AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITES, OR YOUR PURCHASE OF PRODUCTS FROM THE SITES. ANY CLAIM MUST BE FILED IN ACCORDANCE WITH THE GOVERNING LAW PROVISIONS SET FORTH HEREIN AND WITHIN THE TIME LIMITATIONS PRESCRIBED BY LAW. 

GOVERNING LAW & VENUE

These Terms, including your use of the Sites, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You agree to submit to the exclusive personal and subject matter jurisdiction of the courts located in Pinellas County, Florida, or, for disputes within the jurisdiction of the United States District Courts, the courts located in Hillsborough County, Florida, for the resolution of any disputes, claims, or causes of action arising from or related to these Terms or your use of the Sites.

MISCELLANEOUS

These Terms (i) constitute a binding agreement between you and Luekens; (ii) represent the entire agreement between you and Luekens, superseding all prior and contemporaneous agreements, representations, warranties, proposals, and communications, whether written or oral, relating to the subject matter contained herein; and (iii) may not be modified or amended except in writing signed by both you and Luekens. You may also be subject to additional terms and conditions that may apply when you use the products or services of third parties provided through the Sites. In the event of any conflict between such third-party terms and these Terms, these Terms shall govern. Nothing contained herein shall imply any partnership, joint venture, or agency relationship between you and Luekens, and neither party shall have the power to obligate or bind the other in any manner whatsoever, except as explicitly set forth herein. If any provision of these Terms is deemed inapplicable to your particular order or purchase, or if any provision is declared by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the enforceability of any remaining provisions, which shall remain in full force and effect. Luekens may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. Neither party may otherwise assign, sell, or transfer their rights or obligations under these Terms without the prior written consent of the other party. These Terms shall be binding upon and inure to the benefit of the respective successors, heirs, executors, administrators, and permitted assigns of the parties. Under no circumstances shall Luekens be held liable for any delay or failure in performance due in whole or in part to acts of nature, acts of God, or other causes beyond Luekens' reasonable control, including but not limited to emergencies, war, labor disputes, government orders, or disruptions in telecommunications or transportation. The headings of the various sections of these Terms have been inserted for convenience of reference only and shall not affect the interpretation of the Terms. The failure of Luekens to exercise any right or enforce any provision under these Terms at any particular time shall not operate as a waiver of that or any other right or provision. Luekens retains the right to enforce such rights or provisions at any time in the future.