Property Policy & Listing Guidelines
All users must read and agree with our Terms and Conditions in order to engage in any activity on BarrelsDirect.com.
Barrels Direct will collect 5% of any transaction that Barrels Direct is in any way associated with. These fees are not included in refunds unless specifically stated and agreed upon by Barrels Direct. If Seller’s barrels sell on BarrelsDirect.com, but Seller no longer has those barrels available and never canceled the listing, the transaction will be cancelled and Seller will still be charged 5%.
Payments to BarrelsDirect.com
All orders must be paid in full when order is placed. For security, safety, and quality assurance, all payments must be made to Barrels Direct. Barrels Direct only uses secured and trusted payment processing systems.
Receiving Payments from BarrelsDirect.com
Barrels Direct will hold payments for 5 business days post barrel delivery. At that time, payment will be made for all barrels that meet the quality level. If any barrels fail to meet the quality level, payment will be made for the ones that do, and payments, refunds, or replacements for unusable barrels will be decided upon by all parties involved, as explained further in these Terms and Conditions.
It is responsibility of the Seller to rate and stand behind the quality level and guarantee that their barrels meet the level of quality and condition they give them at the time of posting. Quality levels are:
- Excellent – Aging Barrels
Solid, tight, and suitable for aging.
- Good – Aging Barrels
Suitable for aging, but may require rehydration.
- Fair – Decor/Furniture Barrels
Water tight, but NOT suitable for aging.
- Poor – Decor/Furniture Barrels
NOT water tight. Not suitable for aging. Barrels may collapse, or are missing pieces.
Normal Barrel Care
Normal Barrel Care, or NBC, are industry accepted “norms” when working with barrels. NBC includes, but is not limited to, using only authorized barrel handling equipment, barrel rinsing, and the practice of using warm water to swell barrels prior to using.
Cull Barrels and Pricing
Cull barrels are barrels not useable for aging purposes. Cull barrels may consist of, but are not limited to, barrels that leak uncontrollably, are broken, infected, missing pieces, or are for any reason deemed no longer useable for any aging purpose.
Cull Barrel Pricing, or CBP, is referred to as the price Barrels Direct will pay a Seller for their barrels. CBP ranges from $50 to $100 per barrel, varies per condition, and is decided upon on a case by case basis. Unless otherwise stated, the associated shipping fees for removal of culled barrels are deducted from the CBP.
Barrel Guarantee – Buyer Responsibility
It is the responsibility of the buyer to report and provide proof of unusable barrels within 5 business days of delivery. Delivery date is based on the records of the carrier who shipped the barrels. “Proof” must be agreed upon by at least 2 parties (Buyer, Seller, and/or BarrelsDirect.com) and may consist of, but is not limited to, photographic or video evidence of why individual barrels are unusable.
Once Seller is notified of unusable barrels, they have 2 business days to respond. Seller not responding within 2 business days of notification means Seller automatically accepts CBP, and the case is handled between Buyer and Barrels Direct.
If Seller does not want to refund or replace barrels, Barrels Direct has the option (if Buyer also agrees) to refund or replace the unusable barrels. If BarrelsDirect.com refunds or replaces Buyers barrels, BarrelsDirect.com will only pay the Seller the CBP. It is the discretion of Barrels Direct to ship unusable barrels whole, loose, palletized, or knocked down.
It is the responsibility of the Buyer to notify Barrels Direct within 5 business days of the delivery date of the barrels.
In this event, the Seller first has the option of offering a full refund or replacement of barrels. If Seller offers refund or replacement, Seller then has the option of shipping the unusable barrels back to Seller, at Seller’s expense. BarrelsDirect.com fee’s will not be refunded to Seller, but Barrels Direct can coordinate shipping for Seller.
If Seller does not want to refund or replace barrels, they then agree to accept CBP for all barrels deemed unusable. Barrels will then be shipped to the nearest Barrels Direct authorized processing facility, or be resold on Barrels Direct as Cull Barrels.
Barrels Direct will ship any barrels, whether or not they’re sold through BarrelsDirect.com, and can coordinate freight logistics for both pick up and delivery. Our barrel logistics system is capable of moving barrels, using trusted carriers, at rates that are, on average, 20% lower than other rates. When shipping through Barrels Direct, all shipments are Shipper Load/Cosignee Unload, and both parties must abide by the specific terms and conditions of the carrier. Failure to abide by the terms and conditions of Barrels Direct and the carrier may result in additional fees.
This Agreement sets forth the terms and conditions that govern the relationship between Coastland LLC (“Company”, “us”, “we” or “Barrels Direct” ) and you as a Buyer or Seller of merchandise, as the case may be. (“you”, “your” “Buyer” or “Seller”, respectively) with respect to process, terms and conditions under which you may offer or sell, or purchase, supplies, equipment and other similar items related to the business of operating breweries, distilleries and wineries (collectively “Property”, or “items”) on the Company’s website known as “BarrelsDirect.com” or similar websites (collectively, the “Site”). If you wish to access or use the Site to offer sell or purchase Property through the Site (the “Services”), you must accept the terms and conditions of this Agreement, without change.
PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY USING THE SERVICES OF THE SITE AS A SELLER, BUYER, OR SHIPPER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.
TERMS AND CONDITIONS APPLICABLE TO SELLER
Use of the Site and the Services are limited to Sellers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not sell items of Property through the Site. Every Seller who uses the Services hereby represents and warrants to Company that he or she is not a minor, is at least over the age of twenty-one (21) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement. Use of the Site A Seller may list Property for sale on the Site during the term of this Agreement, subject to the following terms and conditions:
- You will describe all Property offered by you truthfully and accurately. This would encompass text descriptions, images and pictures of each item of Property including, without limitation, its physical condition (otherwise known as a condition report or Condition Level Allowance rating), age, provenance, and any other relevant data. All damage to Property must be photographed and clearly presented on the Site. Additionally, the information presented in your listing cannot be misleading, either through the inclusion of actual information provided or by the omission of information.
- The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services. All information you post or submit to the Site will comply with all applicable law, statutes and regulations. It is your responsibility to determine whether the offer or sale of Property may violate applicable laws, statutes or regulations. The minimum regulatory venue is deemed to be the United States of America and the State of Maine
- You will adhere to the Property Policy and Listing Guidelines annexed hereto and such other policies and guidelines applicable to the Site as such may be amended by us from time to time in our sole discretion.
- You will not allow other persons or entities to post items on or submit info to the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited.
- You agree not to share account information with other parties. Company will not be held liable for any activity resulting from compromised account information.
- You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
- You will immediately notify Company if you suspect that your information or listing data has been compromised.
- Should the authenticity or ownership of any Property sold by you through the Site be found to be incorrect, you will permit the purchaser to return such Property to you, at your cost, for a full refund.
- You will complete the transaction(s) as described by this Agreement. You agree to honor the transaction contract. You will not fail to deliver an item for which payment was accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
- It is your responsibility to determine whether sales or use taxes apply to any sale transactions conducted by you through the Site and to collect, report and remit the correct tax to the appropriate tax authority. Company is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.
Warranty of Authenticity
You warrant the authenticity and ownership of all items of Property offered by you for bidding or purchase on the Site. Company reserves the right to terminate any auction or sale of any item which it believes, in its sole discretion is not authentic or where authenticity is substantially not as described in the listing. Company will have no liability to the Seller or other person or entity (including any bidder) in any auction terminated by Company.
There are no membership or listing fees to use the online portion of the Site and its Services. Seller will be responsible to pay Company, a commission percentage fee (“Commission Fee”) payable on the selling price of all items of Property sold through the Site, excluding any tax, shipping or handling charges. Company reserves the right to change or amend all or any portion of the Fee Schedule, at any time and in its sole discretion. You will pay all fees owed to Company upon receipt of any invoice therefor. Company reserves the right to deliver any invoice to you by: emailing an invoice to you at the address you have provided in your account settings; or mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the Site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the fees in any way. Unless otherwise stated, all fees are listed and shall be required to be paid in US Dollars. You are responsible for all fees and taxes associated with posting to the Site and any sale of Property through the Site. Company reserves the right to collect on accounts due by various means including but not limited to the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys’ fees) in the event you fail to pay any amounts due to Company hereunder.
Use of Content
You, the Seller, grant to Company and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content listed, posted, displayed or otherwise submitted by you to the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. It shall be Seller’s sole and exclusive responsibility to secure any necessary permissions and/or authorizations to list, post or display any Materials on the Site where such rights are held by third parties.
Representations; Warranties and Additional Agreements
You represent and warrant that you have the full power and authority to enter into this Agreement and to grant to Company the rights set forth herein. You agree to comply with the Site’s policies and guidelines as they may exist from time to time. You represent and warrant that you have the right, power and authority to transfer clear and unencumbered title to any item of Property offered for sale by you through the Site to the Buyer with respect to such item of Property.
Property policy and listing guidelines
Representations and Warranties Concerning Property
Each Seller shall be deemed to make the following representations and warranties to Company upon the posting of any Property for sale on the Site:
Seller has the right to offer the Property for sale through the Site;
Seller has good and unencumbered title to any Property offered for sale by Seller through the Site and good and unencumbered title and right to possession to the Property will pass to the buyer of such Property at the time of sale;
Seller has no reason to believe that the Property is not authentic or is counterfeit; and
If applicable, the Property has been lawfully imported into the jurisdiction in which it is currently located and that any applicable tariffs and taxes have been properly paid.
- Listing Guidelines
Each Seller is required to fully endorse and agree to the following listing guidelines regarding Property to be offered for sale on the Site:
Seller agrees not to include brand names or other keywords in the title that may affect the keyword searches for the Site.
Seller agrees not to use brand names, misleading or inappropriate aliases for his/her screen name.
Seller agrees to list the items within the appropriate categories on the Site.
Seller agrees to deliver the item of Property purchased from it unless the buyer of such item of Property fails to make payment.
Seller agrees to fully disclose all shipping information to the buyer and to not misrepresent shipping costs or where the item of Property will be shipped from.
Seller agrees to disclose the states where it is are obligated to collect sales taxes. Seller shall be responsible for the collection and remittance of all applicable sales taxes.
Seller agrees not to offer more than one choice of item per lot entry or list a single item but offer additional items for sale in the description.
Seller agrees not to increase the rate to the buyer to pay for the use of credit cards, or other methods of payments used in the ordinary course of business.
VIOLATION OF ANY OF THE FOREGOING POLICIES AND GUIDELINES SET FORTH ABOVE MAY RESULT IN THE IMMEDIATE TERMINATION OF ANY SALE BEING CONDUCTED BY A SELLER ON A SITE, BY THE REMOVAL OF THE PROPERTY FROM THE SITE AND/ OR THE IMMEDIATE TERMINATION OF THE SELLER’S MASTER SELLER AGREEMENT.
TERMS AND CONDITIONS APPLICABLE TO BUYER
Use of the Site and the Services is limited to Buyers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, anyone under the age of 21 may not bid on or offer to purchase items of Property through the Site. Every Buyer who uses the Services hereby represents and warrants to Company that he or she is not a minor, is at least over the age of twenty-one (21) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.
Use of the Site
You may purchase items of Property for sale on the Site during the term of this Agreement, subject to the following terms and conditions:
- You must honor purchases placed for Property, and are obligated to complete the transaction with the respective seller if you are the Buyer. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
- You are responsible to read and understand, and will be bound by, all terms of sale described in the listing including, but not limited to, method of payment, appropriate state or international sales tax, shipping and handling fees, and the applicable seller’s return policy for each auction listing.
- You understand and agree that to purchase a specific item of Property is a legal obligation to purchase the item under the terms described in the Site listing.
- The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to bidding,offering for and purchasing items of Property. The minimum regulatory venue is deemed to be United States of America and the State of Maine.
- You will not to allow other persons or entities to buy or offer items of Property on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. Company will not be held liable for any activity resulting from compromised account information.
- You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
- You will immediately notify Company if you suspect that your information or data has been compromised.
- It is your responsibility to pay any sales or use taxes apply to any purchase transactions conducted by you through the Site. Company is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.
- Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.
Use of Content
You, the Buyer, grant to Company and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, of any item purchased by you through the Site (collectively, the “ Buyer Materials”) for all purposes, in any medium whatsoever. You agree that you as the Buyer will not seek and do not expect any compensation for Company’s use of any such Buyer Materials.
GENERAL CONDITIONS APPLICABLE TO BOTH BUYERS AND SELLERS
- License to Use the Site and Software. Subject to the terms and conditions of this Agreement, Company grants You the limited, non-exclusive, non-transferable license (“License”) to access and use the Site and Software only for Your personal or internal business use. “Software” means the proprietary Company software, third party software, Site, interfaces, data and content that are accessible by You or which are integrated into the Company’s Site.
2.1. You agree not to use the Software for any purpose other than to assist you with respect to the purchase or sale of Property on the Site. You may not: (a) copy modify, decompile, disassemble, extract, or otherwise reverse engineer the Software, or create derivative works based upon all or part of Software, or (b) copy, transfer, lease, assign, rent, or sublicense the Software, in whole or in part, except as expressly set forth in this Agreement, or (c) use the Software for the purpose of providing a service bureau, third-party hosting, time-sharing, an application service, or similar services for third parties, or (d) use or combine the Software with open source programs, including but not limited to programs made available under the GPL license, in any manner that could be interpreted to cause the Software or any part thereof to be subject to an open source license.
2.2 You represent and warrant that you have all third-party software or other licenses, including but not limited to all licenses with any third party through which You may be accessing the Software.
3. Proprietary Rights. The Software is licensed to you, not sold to you. You acknowledge and agree that Company and its licensors own, control and shall retain all right, title, and interest in and to the Software and the Site, including but not limited to all associated algorithms, data structures, techniques, concepts, technology, report formats, and screen formats, as well all related patents, trademarks, copyrights, trade secrets, and other intellectual property rights. Nothing contained in this Agreement shall be construed directly or indirectly to assign or grant to You any right, title, or interest in or to trademarks, copyrights, patents, or trade secrets of Company or its licensors, or any ownership rights in or to the Software. Company reserves all rights not expressly granted to you in this Agreement.
Limitation of Liability
THE SITE AND SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SITE OR SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES SOLD, PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE COMPANY DOES NOT GUARANTEE OR REPRESENT IN ANY MANNER THAT THE SITE OR SERVICE WILL OPERATE ERROR-FREE OR THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED. Indemnity BOTH PARTIES AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CLAIM RELATING TO ANY PROPERTY SOLD, BID ON OR PURCHASED BY YOU ON THE SITE); (B) YOUR BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, YOUR BREACH ANY GUIDELINES AND/OR POLICIES INCORPORATED BY REFERENCE HEREIN); (C) YOUR VIOLATION OF ANY STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (D) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. Release BECAUSE COMPANY IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF SELLER AND BUYER RELEASE COMPANY (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY COMPANY.
Representations; Warranties and Additional Agreements
Amendment and Notification
Company reserves the right to change any of the terms and conditions contained in this Agreement by posting on the Site either a new agreement or any changes or amendments thereto. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the Site and any applicable changes. Changes to this Agreement may be posted on the Site without notice to you. YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES FOLLOWING COMPANY’S POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY CHANGES OR AMENDMENTS TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR ITS SERVICES AS A BUYER. All informal communication between the parties will be via email to the extent feasible.
Termination of Agreement
Company reserves the right, in its sole discretion, to terminate this Agreement or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation. The foregoing shall be in addition to any other rights or remedies in the event you breach this Agreement or the documents it incorporates by reference or if Company believes that your actions may cause legal liability for Company or any Site users. Notification of any termination or suspension will be emailed to you at the address you have provided in your account settings. The following Sections survive any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties and Additional Agreements; and Miscellaneous.
The laws of the State of Maine govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN MAINE AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR COMPANY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN MAINE. IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR COMPANY PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. If anyone or more of the provisions contained in this Agreement for any reason is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein. You shall not assign this Agreement to another entity or person without the prior written consent of Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns. You acknowledge and agree that no joint venture, partnership, agency, franchise, or employment relationship is created or intended by this Agreement, and agree not to represent to third parties that you are an agent, partner, joint venturer or employee of Company or any of Company’s affiliated entities. This Agreement and the general terms, conditions set forth on the Site, including but not limited to the policies and guidelines referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. Company’s failure to enforce the strict performance of any provision of this Agreement (or any policy or guideline referred to herein) will not constitute a waiver of Company’s right to subsequently enforce such provision or any other provisions of this Agreement (or any policy or guideline referred to herein). Confidentiality. By virtue of this Agreement, You and the Company may have access to information that is confidential to one another (“Confidential information”). “Confidential Information” will include, without limitation,: (i) the Software, its functionality, and any other material provided by Company that is marked “confidential” or that would reasonably be recognized as confidential; and (ii) Your personal information or data, if any, residing on the Company’s servers. . Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party. You and the Company agree to hold each other’s Confidential Information in confidence for a period of three years from the date of disclosure. Also, we each agree to disclose Confidential Information only to those employees or agents who are required to protect it against unauthorized disclosure in a manner no less protective than under the Agreement. The Company will protect the confidentiality of your personal data residing on the Company’s servers in accordance with the security practices that the Company uses to protect its own Confidential Information.
Binding Agreement. BY ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
FEES and FEE SCHEDULE
Due to the nature of placing advertising online, we do not generally offer refunds on fees.
Barrels Direct will collect 5% of any transaction that Barrels Direct is in any way associated with. These fees are not included in refunds unless specifically stated and agreed upon by Barrels Direct. If Seller’s barrels sell on BarrelsDirect.com, and Seller no longer has those barrels available, the transaction will be cancelled and Seller will still be charged 5%.
ADDITIONAL TERMS OF SERVICE
This website is operated by Barrels Direct. Throughout the site, the terms “we”, “us” and “our” refer to Barrels Direct. Barrels Direct offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Barrels Direct, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Barrels Direct and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of P.O. Box 6441 Scarborough Maine US 04074.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Logistics@BarrelsDirect.com.