Terms and Conditions
LIQUOR PLEX Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following terms and conditions govern your use of the websites operated by the Liquor Control Board of Ontario (the "LIQUOR PLEX Websites"), including the www.Liquor Plex.com, www.vintages.com, www.vintagesshoponline.ca, www.Liquor Plextrade.com, www.Liquor Plexpinion.com and www.Liquor Plexgifts.com websites. The LIQUOR PLEX Websites are owned by Liquor Control Board of Ontario (the "LIQUOR PLEX").
LIQUOR PLEX reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the LIQUOR PLEX Websites, and you are advised to review the LIQUOR PLEX Websites regularly for any changes. These Terms and Conditions of Use were last updated on February 25, 2019. In any event, you agree that by accessing and using an LIQUOR PLEX Website you are bound by these terms and conditions as the same may be changed from time to time.
If you choose to register with LIQUOR PLEX for the purchase of goods, you agree to: (i) provide true, current and complete information about yourself, online; and (ii) maintain and promptly update on-line information about yourself to keep it true, current and complete.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the "Materials") contained in the LIQUOR PLEX Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, LIQUOR PLEX and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part, without the prior written consent of LIQUOR PLEX. You may print, in hard copy, portions of an LIQUOR PLEX Website only for the purpose of placing an order with LIQUOR PLEX.
Certain names, words, phrases, logos, marks and designs that appear on LIQUOR PLEX Websites (including, without limitation, "LIQUOR PLEX", "VINTAGES", “FOOD & DRINK” and related words and logos) are official marks, trade-marks or trade-names of LIQUOR PLEX in Canada. LIQUOR PLEX is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an LIQUOR PLEX Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of LIQUOR PLEX. The names of other companies, products and services referred to on an LIQUOR PLEX Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of LIQUOR PLEX or of third parties without the prior written consent of the applicable party is strictly prohibited.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use the LIQUOR PLEX Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of an LIQUOR PLEX Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the LIQUOR PLEX Website illegal, are not authorized to use the LIQUOR PLEX Website.
USE AND RESTRICTIONS
You are only permitted to use an LIQUOR PLEX Website for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an LIQUOR PLEX Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:
- take any action that imposes or may impose (to be determined in the LIQUOR PLEX’s sole discretion) an unreasonable or disproportionately large load on the LIQUOR PLEX’s infrastructure;
- interfere or attempt to interfere with the proper working of an LIQUOR PLEX Website, or any activities conducted on or with an LIQUOR PLEX Website;
- bypass any measures the LIQUOR PLEX may use to prevent or restrict access to LIQUOR PLEX Websites.
USER NAMES AND PASSWORDS
Some features of an LIQUOR PLEX Website may be accessed only by use of a login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized LIQUOR PLEX representative.
All login names and passwords remain the property of LIQUOR PLEX, and may be cancelled or suspended at any time by the LIQUOR PLEX without any notice or liability to you or any other person. LIQUOR PLEX is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify LIQUOR PLEX of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on LIQUOR PLEX Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
Any link, (including hyperlinks, buttons or referral devices of any kind) used on an LIQUOR PLEX Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an LIQUOR PLEX Website does not constitute an endorsement, recommendation or certification by LIQUOR PLEX, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with LIQUOR PLEX.
LIQUOR PLEX generally does not object to links to LIQUOR PLEX Websites from third party sites. However, there are certain conditions that must be followed: Unless LIQUOR PLEX enters into a specific written agreement with you, you may not use any of the LIQUOR PLEX’s names, logos, designs, slogans, or marks in or with your links, except that you may link to an LIQUOR PLEX Website using the plain text names: LIQUOR CONTROL BOARD OF ONTARIO, LIQUOR PLEX, FOOD & DRINK, or VINTAGES.
Do not present the link to an LIQUOR PLEX Website in any way that suggests LIQUOR PLEX has any relationship or affiliation with your site or in any way that suggests LIQUOR PLEX endorses, sponsors or recommends the information, products or services on your site. Use of any of LIQUOR PLEX's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without LIQUOR PLEX's written permission for a particular use is strictly prohibited.
Use of any of the LIQUOR PLEX's names, logos, designs, slogans, or marks, or any other words or codes identifying an LIQUOR PLEX Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without LIQUOR PLEX's written permission for a particular use, is strictly prohibited.
LIQUOR PLEX is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for an LIQUOR PLEX Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
LIQUOR PLEX reserves the right in its sole discretion to order you to delete or modify your link to an LIQUOR PLEX Website for any reason.
The link to an LIQUOR PLEX Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect the LIQUOR PLEX's name, reputation or goodwill.
The linking of your website to an LIQUOR PLEX Website indicates your agreement to the foregoing terms and conditions.
You agree to indemnify, defend and hold LIQUOR PLEX harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:
- your infringement of any LIQUOR PLEX or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of an LIQUOR PLEX Website;
- any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an LIQUOR PLEX Website; (ii) use of an LIQUOR PLEX Website for any illegal purpose; or (iii) use of an LIQUOR PLEX Website to achieve any unauthorized or prohibited access to computer systems and data;
- your use of an LIQUOR PLEX Website; and
YOU UNDERSTAND AND AGREE THAT:
- USE OF AN LIQUOR PLEX WEBSITE IS AT YOUR SOLE RISK. THE LIQUOR PLEX WEBSITES ARE PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. LIQUOR PLEX DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE LIQUOR PLEX WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES LIQUOR PLEX MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN LIQUOR PLEX WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN LIQUOR PLEX WEBSITE. LIQUOR PLEX WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
- THE DOWNLOADING OF MATERIALS FROM AN LIQUOR PLEX WEBSITE IS DONE AT YOUR OWN RISK. LIQUOR PLEX DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF AN LIQUOR PLEX WEBSITE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL LIQUOR PLEX BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN LIQUOR PLEX WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN LIQUOR PLEX WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN LIQUOR PLEX WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF LIQUOR PLEX ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.
Terms and Conditions of Sale for Purchases from LIQUOR PLEX.com and from the LIQUOR PLEX Mobile Application
THE TERMS AND CONDITIONS IN THIS SECTION APPLY TO ORDERS PLACED THROUGH LIQUOR PLEX.COM AND THE LIQUOR PLEX MOBILE APPLICATION. PLEASE CLICK HERE FOR THE TERMS AND CONDITIONS APPLICABLE TO ORDERS PLACED THROUGH VINTAGES.COM.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE ("TERMS AND CONDITIONS") CAREFULLY BEFORE PLACING AN ONLINE ORDER. These Terms and Conditions govern the sale by the Liquor Control Board of Ontario ("LIQUOR PLEX") to you of products ("Products") through the LIQUOR PLEX's website located at www.Liquor Plex.com (the "LIQUOR PLEX.com Website") and the LIQUOR PLEX Mobile Application. LIQUOR PLEX reserves the right to change these Terms and Conditions of Sale at any time without prior notice by posting changed Terms and Conditions of Sale on the LIQUOR PLEX.com Website, and you are advised to review the LIQUOR PLEX.com Website regularly for any changes. These Terms and Conditions of Sale were last updated on February 25, 2019. By placing an order through the LIQUOR PLEX.com Website or the LIQUOR PLEX Mobile Application, you agree to be bound by the Terms and Conditions in effect at the time of such order.
You must be 19 years of age or older to purchase Products. By submitting an order for Products, you represent that you are 19 years of age or older and you are not purchasing Products for anyone who is younger than 19 years of age. When you or your designated alternate person picks up or signs for the Products ordered you may be required to present proof that you are 19 years of age or older. Acceptable proof includes a valid driver’s licence, passport, citizenship card and BYID photo identification card.
THIRD PARTIES ACTING ON LIQUOR PLEX'S BEHALF
Your personal information is provided by LIQUOR PLEX to third parties in order to facilitate payment and delivery of Products. The LIQUOR PLEX only transfers your personal information to third parties who have agreed to comply with appropriate privacy and security standards.
PAYMENT BY CREDIT CARD
Payment can be made by VISA, MasterCard or American Express. Please complete the credit card section, in full, at the checkout page. The LIQUOR PLEX uses a payment gateway provider’s server to act as the link between the LIQUOR PLEX and the LIQUOR PLEX’s bank. The LIQUOR PLEX does not store any credit card information on its systems.
By submitting your order, you represent that you are authorized to use the designated credit card and you authorize the LIQUOR PLEX to charge your order to that credit card. When entering your billing information during the checkout process, you must enter the billing address associated with your credit card. The LIQUOR PLEX reserves the right to obtain authorization from the issuer of that credit card and reserves the right to decline to accept any proposed credit card transaction.
PAYMENT BY DIGITAL WALLET
The LIQUOR PLEX may allow payment to be made by a digital wallet or any other electronic payment system (“Digital Wallet”) on your mobile or wearable device, tablet, watch or other device (“Device”) that supports the Digital Wallet.
By submitting your order, you represent that you are authorized to use the Digital Wallet.
The LIQUOR PLEX is not the provider of the Digital Wallet and is not responsible for its use and function. You should contact the Digital Wallet provider’s customer service if you have questions about how to use the Digital Wallet or if you experience problems with the Digital Wallet or your Device. The LIQUOR PLEX is not responsible for any failure of the Digital Wallet or your Device or your inability to use the Digital Wallet for any transaction. The LIQUOR PLEX is not responsible for any loss, damage or inconvenience you suffer as a result of (a) the LIQUOR PLEX refusing to accept the Digital Wallet payment; or (b) any damage to your Device caused by the Digital Wallet.
Every effort has been made to stock adequate quantities of the Products offered on the LIQUOR PLEX.com Website and the LIQUOR PLEX Mobile Application. Some of the Products, however, are available in relatively small quantities. Some items referred to on the LIQUOR PLEX.com Website and the LIQUOR PLEX Mobile Application may be or become out of stock.
If the LIQUOR PLEX is unable to fill an order for a Product ordered through the LIQUOR PLEX.com Website or the LIQUOR PLEX Mobile Application, you will be notified by email and we will only charge on your credit card for the Products that were fulfilled.
The LIQUOR PLEX reserves the right to limit order quantities. Minimum and maximum order quantities as well as order values will be set and changed from time to time by the LIQUOR PLEX. The LIQUOR PLEX may reject an order if it appears you are attempting to circumvent an order limit.
Prices quoted on the LIQUOR PLEX.com Website and the LIQUOR PLEX Mobile Application are in Canadian dollars. Prices are subject to change without notice.
Delivery options and associated time frames are as follows:
Delivery Time Frame*
Next Business Day
Orders received before the 1:00 pm cut-off time Monday to Friday are eligible for delivery the next business day.
Standard Home Delivery
May take 2-4 days.
Deliver to Store
May take 1-2 weeks. (Please allow for up to 4 weeks for delivery to remote areas of Ontario.)
Same Day Pick Up
Orders placed more than 3 hours before store closing are eligible for pick up within the same day at participating Same Day Pick Up stores.
*Delivery times vary by product type and method of delivery. Typically, urban addresses will receive packages within the early part of delivery estimates; expect the latter part of delivery estimates for rural addresses.
Products ordered can either be delivered to an LIQUOR PLEX store for pickup (“Deliver to Store”) or delivered to any address in Ontario (“Standard Home Delivery” and/or “Next Business Day Home Delivery”). Orders cannot be delivered to a PO Box. Please ensure that you provide a physical street address for Standard Home Delivery or Next Business Day Home Delivery. Next Business Day Home Delivery is available in select areas of Ontario only and may not be available for certain Products.
Orders can also be fulfilled from available store inventory at participating store locations in select areas providing the “Same Day Pick Up” service.
Delivery times or pickup times may be affected by weather or order volumes. Orders must be paid in full before they are delivered to their destination (for Standard Home Delivery, Next Business Day Home Delivery or Deliver to Store) or picked up in-store, if fulfilled from store inventory (for Same Day Pick Up).
You will be contacted by email once your order has shipped or is ready for pick up. When you pick up Products in-store, you must present a copy of your “Ready For Pickup” notification (which will be emailed to you), and government-issued photo ID, along with proof of legal drinking age. Products will only be delivered to, and may only be picked up by, a person 19 years of age or older, who is not or does not appear to be intoxicated. It is your responsibility to be at the delivery address to receive your shipment. Canada Post will not leave Products unattended.
Title to Products passes from the LIQUOR PLEX to you when you pick up the Products from the LIQUOR PLEX, receive them at the delivery address you indicated in your order or retrieve them from a Canada Post Depot.
IMPORTANT: For Deliver to Store or Same Day Pick Up orders, if you do not pick up Products within thirty (30) days after they are available for pick up in the store (i.e., from the date of your Ready For Pickup email notification), the LIQUOR PLEX may cancel your order and issue a refund to the credit card used to make the applicable purchase. For Standard Home Delivery or Next Business Day Home Delivery, if you are not at the delivery address to receive your shipment, Canada Post will keep Products at a postal outlet for fifteen (15) days before they are returned to the LIQUOR PLEX. Once Products are returned to the LIQUOR PLEX, we may cancel your order and issue a refund to the credit card used to make the applicable purchase.
There are no delivery charges for Products shipped to an LIQUOR PLEX store (Deliver to Store orders) or for orders fulfilled from store inventory for the Same Day Pick Up service. There is a flat fee delivery charge for each order for Products shipped to the delivery address you indicated in your order.
The LIQUOR PLEX attempts to ensure that the information on the LIQUOR PLEX.com Website and the LIQUOR PLEX Mobile Application is accurate. However, no warranty of accuracy or completeness is expressed or implied. The LIQUOR PLEX expressly reserves the right to correct errors and to change or update information on the LIQUOR PLEX.com Website and LIQUOR PLEX Mobile Application at any time without notice. If a Product offered on the LIQUOR PLEX.com Website or the LIQUOR PLEX Mobile Application is not as described, your only remedy is to return it for a refund (within thirty (30) days and showing proof of purchase and valid, government-issued photo ID to verify identity). In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, the LIQUOR PLEX reserves the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you. Your only remedy in the event of an error to your order is to cancel your order and to obtain a refund.
Customers may return any Product purchased through the LIQUOR PLEX.com Website or the LIQUOR PLEX Mobile Application (except gift cards) to any LIQUOR PLEX store, for a refund equal to the purchase price (excluding the amount of the delivery charge (if any)) for such Product), subject to the following conditions: (i) the Product is in saleable condition (including Vintages products and beer purchased as a Regular or Specialty Customer Sale); (ii) it is accompanied by the original receipt; and (iii) it is returned within thirty (30) days of purchase. The Customer will be refunded in the applicable method of payment as used for the purchase. AIR MILES® reward miles will be deducted on Product returns. Please note that delivery charges are non-refundable.
Refunds will not be provided for returns without a receipt.
Gift Cards are final sale and are non-refundable.
Charitable Donations are non-refundable.
The LIQUOR PLEX is unable to provide official donation receipts to its customers who donate to any given campaign. Any customer/donor who wishes to receive an official donation receipt can choose to donate directly to the applicable charitable organization.
These Terms and Conditions and each purchase of Products through the LIQUOR PLEX.com Website and the LIQUOR PLEX Mobile Application are governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.
The LIQUOR PLEX shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism, (iv) strikes, lockouts and labour disputes, (v) government orders or regulations, or (vi) shortages of goods, labour or transportation.
DISCLAIMER AND LIMITATION OF LIABILITY
Except as expressly set out in these Terms and Conditions, there are no warranties, representations or other agreements regarding the Products ordered through the LIQUOR PLEX.com Website and the LIQUOR PLEX Mobile Application. To the extent permitted by law, the LIQUOR PLEX shall not be liable to you for indirect, special, consequential, incidental or punitive damages (including, without limitation, damages for or in relation to lateness in delivery, loss of revenue or profits, or the cost of substitute goods), arising directly or indirectly from any breach of contract (fundamental or otherwise) or from any warranties contained herein, or from any acts or omissions that may give rise to legal liability (whether in tort, including for negligence, strict liability or under any other theory of legal liability), regardless of whether or not such damages were foreseeable. In no event shall the liability of the LIQUOR PLEX arising out of or related to any order exceed the total amount paid by you pursuant to such order.
The LIQUOR PLEX may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.