Terms of service

IMPORTANT – THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SEE SECTION 7). BY CONTINUING TO USE OUR SITE OR SERVICES YOU ACCEPT THEM.

Last Updated: August 1, 2025

1. AGREEMENT & SCOPE

These Terms of Service ("Terms") govern every purchase, membership, and service (collectively, "Services") offered by The Bottlist, Incorporated, a California corporation doing business as Flask Fine Wine (“Flask”, “we”, “us”, “our”) at 12194 Ventura Blvd, Studio City, CA 91604.

By any of the following actions you ("Buyer") accept and agree to be bound by these Terms and the policies listed below:

a. placing an order through a Flask website or mobile checkout by clicking the “Pay Now” or “Place Order” button; placing an order by telephone, by email, or in person;

b. creating or using a customer account on any Flask controlled property;

c. continuing to browse or otherwise use a Flask website or app after being presented with these Terms or a link to them;

d. submitting information to us, including quote requests, forms, contest entries, reviews, or other user generated content;

e. opting in to marketing communications or the Mobile Message Service (see Section 12).

You also accept:

our Privacy Policy (https://flaskfinewines.com/policies/privacy-policy);
our Shipping Policy (https://flaskfinewines.com/policies/shipping-policy);
our Refund Policy (https://flaskfinewines.com/policies/refund-policy); and
the Mobile Message Service Terms in Section 12 (if you opt in to SMS).

If a policy conflicts with these Terms, that policy controls for its subject matter.

2. ELIGIBILITY, AGE VERIFICATION, AND SHIPPING RULES

2.1 Age Requirement

US deliveries: buyer and recipient must be 21 years of age or older.
International deliveries: recipient must meet the legal drinking age of the destination country. Government photo ID is required at delivery. Flask may cancel any order if age compliance cannot be verified.

Buyer affirms at time of order that both buyer and recipient are of legal age and that all information provided is true and accurate. Any misrepresentation will be grounds for order cancellation (subject to restocking fee), and may subject buyer to civil or criminal liability.

2.2 Restricted US States

We do not ship alcohol to Utah, West Virginia, Mississippi, or any other state that bars direct to consumer alcohol shipments. The restricted list changes with the law; we may update it without notice. Orders to restricted states will be cancelled or modified.

2.3 US PO Boxes

Alcohol cannot be shipped to US Post Office boxes. Use a physical address where an adult signer will be available.

2.4 International Shipping

Website orders ship Delivered Duty Paid (DDP) to Taiwan, Hong Kong, Japan, Singapore, the United Kingdom, Ireland, and most EU countries, subject to carrier availability and local law. Import duties and taxes are estimated and collected at checkout.

Phone or email orders: duties, taxes, and delivery terms are set case by case with the buyer.
Buyer must cooperate with destination country customs agents and supply any documents they request. Failure to do so may cause delays or returns at the buyer’s expense.
Customs delays do not create a right of cancellation or refund.

2.5 Non Alcohol Products

Non alcohol items (glassware, gourmet food, accessories) ship to all fifty US states.

2.6 Post Purchase Tariffs

Any new tariffs or governmental charges imposed after payment but before delivery are the buyer’s responsibility, even if duties were collected at checkout.

2.7 Title and Risk of Loss

Title passes to the buyer in California once payment is processed. The buyer becomes the exporter or shipper of record and is responsible for legal compliance at the destination.

2.8 Adult Signature Requirement

All alcohol shipments require an adult signature on delivery. If delivery fails for lack of an eligible signer, the buyer is liable for actual carrier charges plus a restocking fee of up to fifteen percent (15%) of the order total price. Restocking fees also apply to rejected deliveries, incorrect addresses, or recipient refusal of the shipment.

2.9 Compliance With Local Law

By ordering, you warrant that importing or possessing the products is legal at the destination and that you will not violate any applicable law. If any shipment is seized, destroyed, or returned by authorities due to noncompliance with laws, misrepresentation, or failure to cooperate with customs or law enforcement, no refunds or replacements will be provided, and all costs and losses are solely the responsibility of the buyer.

3. ORDERS, PRICING, PAYMENT, AND TAXES

3.1 Order Acceptance

Your Order is an offer to buy. Flask may accept or decline it until we send a shipping confirmation email.
We may cancel or limit quantities for any reason, including inventory errors, pricing errors, or suspected fraud.

3.2 Currency and Pricing

Prices are listed in United States dollars unless stated otherwise.
Displayed prices exclude shipping charges, sales tax, and, for phone or email Orders, any duties or import fees we do not collect in advance.
If we discover a material pricing error before shipment, we will cancel the Order or contact you for instructions.

3.3 Payment Methods

Accepted online: Visa, Mastercard, American Express, Discover, Apple Pay, Google Pay, Shopify Pay, Alipay, PayPal, Sezzle, and crypto via Coinbase Commerce or BitPay.
Accepted by phone or email: the above methods plus wire transfer. No ACH at this time.
Orders paid by wire are held until funds clear. Inventory is not guaranteed until that point.
Chargebacks or payment disputes void all promotions associated with the Order.

3.4 Sales Tax and US Excise Tax

Flask collects sales tax where required by law. Tax is calculated at checkout based on the shipping address.

3.5 Duties and Import Taxes for Website Orders

For destinations listed in Section 2.4, duties and import taxes are estimated and charged at checkout. These charges are non refundable.

3.6 Duties and Import Taxes for Phone or Email Orders

If duties or taxes are not collected at purchase, the buyer is solely responsible for all import charges.

3.7 Tariff Adjustments

Any new tariffs imposed after payment but before delivery are for the buyer’s account, as explained in Section 2.6.

3.8 Product Availability and Partial Fulfillment

If an item becomes unavailable after you place the Order, we will email you. You may choose to:

1. ship the available items immediately,

2. wait until the missing item is restocked, or

3. cancel the Order at no extra charge.

3.9 Refund Timing

Approved refunds are issued to the original payment method within seven to ten business days. Bank processing times may vary.

3.10 Future Memberships and Subscriptions

If Flask launches an auto renewing membership or subscription, the renewal, cancellation, and billing terms disclosed in that offer will override this Section where they conflict.

4. SHIPPING, DELIVERY, AND RISK OF LOSS

4.1 Shipping Methods

US: FedEx, UPS, GLS. or USPS (non-alcoholic only); carrier options appear at checkout.
International: UPS or DHL Express.

4.2 Processing Time

• Express (Overnight or 2-Day) – orders placed by Noon Pacific usually ship the same business day.
• Ground – ships within 1-2 business days, Monday–Thursday.
• Economy – ships within 2-3 business days, Monday–Thursday.
Weekends and holidays do not count as transit days

4.3 Delivery Estimates

Transit time estimates are provided by the carrier and are not guaranteed.

4.4 Weather Holds

Shipments are held when forecast highs exceed 80 F or lows dip below 40 F. We will email you to choose: wait, upgrade to temperature controlled service, or cancel for a refund.

4.5 Risk of Loss and Damage

Risk transfers to the buyer when the package is handed to the carrier.

If you add OrderProtection loss and theft coverage at checkout, claims are handled under OrderProtection’s customer terms (https://orderprotection.com/legal/customer-terms-conditions)

4.6 Carrier Delays or Seizures

Flask is not liable for carrier delays, misroutes, or government seizures once the package is in transit.

4.7 Address Changes and Redirects

After shipment, any redirect or hold request must go through Flask; carrier charges are billed to the buyer.

4.8 Refused or Undeliverable Packages

If a shipment returns due to incorrect address, missing adult signature, or buyer refusal, the buyer pays return shipping plus the restocking fee in Section 2.8.

If your order qualified for free or promotional shipping when sent, return and reshipment charges will still apply at actual carrier rates if the package is undeliverable or returned to sender.

4.9 Inspection on Delivery

If you purchased OrderProtection, follow its claim deadlines. For shipments without OrderProtection, notify Flask of concealed damage within 48 hours of delivery and provide photos. All transit damage claims require clear photographic evidence submitted at the time you notify Flask and OrderProtection. Notification without photos will not be sufficient to process your claim.

5. RETURNS AND REFUNDS

5.1 What Is and Is Not Returnable

Alcohol - Refunds or replacements only when:
Bottle damaged in transit and buyer purchased OrderProtection at checkout or arranged separate shipping insurance before dispatch.
Bottle is cork tainted or otherwise spoiled (see 5.3).

Change of mind returns on alcohol are never accepted.

Non alcohol merchandise - Unopened accessories, glassware, and other non alcohol goods may be returned within 30 days of delivery.
Tobacco products - No returns or refunds.
Final Sale - Gift cards, clearance items, and any product marked "Final Sale" are not returnable.

5.2 Return Authorization

Email hello@flaskfinewines.com with your order number, photos, and a description of the issue to obtain a Return Merchandise Authorization (RMA). Returns sent without an RMA will be refused.

5.3 Time Limits to Report Problems

Transit damage claims (that are covered by OrderProtection) - follow the claim deadlines in the OrderProtection customer terms or your separate policy. Transit damage claim submissions require reporting with clear photographic evidence of the damage, within the specified claim deadline. Written notification alone is insufficient.
Cork taint or spoilage - report within 7 days of delivery; at least 80 percent of the wine must remain in the bottle. Cork taint and spoilage are determined at the sole discretion of Flask

5.4 Return Shipping Costs

Flask pays return shipping for approved damage or spoilage claims covered by Section 5.1.
For non alcohol returns or buyer initiated exchanges, the buyer pays return shipping.

5.5 Restocking Fees

Approved alcohol or insured damage returns are not subject to the restocking fee in Section 2.8.

5.6 Refund Method and Timing

Refunds are issued to the original payment method within seven to ten business days after we receive and inspect the return.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 “As Is” Products

ALL PRODUCTS ARE SOLD "AS IS" AND "AS AVAILABLE". FLASK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. NORMAL AGE-RELATED PACKAGING BLEMISHES ARE NOT DEFECTS.

6.2 Website Content

Product descriptions, ratings, and tasting notes are provided for reference; tasting notes are subjective and may not match your expectations.

6.3 Third Party Marketplaces and Dropshippers

No third-party fulfillment is permitted without a prior written marketplace agreement with Flask. Gifts and personal “ship-to” addresses are allowed. Any reseller that places an order for shipment to its own customer without such an agreement is in breach of these Terms. For purposes of these Terms, “dropshippers” are deemed retailers.

Sales tax liability - the reseller is solely responsible for all taxes. If any authority assesses such tax, penalties, or interest against Flask, the reseller must reimburse Flask within ten days.

Indemnification - the reseller or marketplace must indemnify Flask, its parents, subsidiaries, affiliates, related entities, officers, directors, employees, and agents against all claims, liabilities, losses, damages, costs, and expenses.

OrderProtection coverage may be void for resellers.

Requests for blind shipments may not be honored.

No IP license - the reseller receives no rights to use Flask images, trademarks, trade dress, or copyrighted text.

6.4 Maximum Liability

Flask’s total liability will not exceed the amount you paid for the product or service. Flask is not liable for indirect, incidental, punitive, or consequential damages.

THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND DOES NOT LIMIT ANY NON-WAIVABLE STATUTORY RIGHTS, INCLUDING THOSE OF CALIFORNIA CONSUMERS.

6.5 Mandatory Law Carve Outs

If your jurisdiction does not allow certain exclusions or limits, those provisions apply to the maximum extent allowed. New Jersey consumers retain rights under N.J. Stat. §§ 56:12 14 to 18.

7. GOVERNING LAW, MANDATORY ARBITRATION, AND CLASS WAIVER

7.1 Governing Law

These Terms and any dispute relating to them are governed by the laws of the State of California, without regard to conflict of laws rules. Any action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to the personal jurisdiction and venue of such courts, except as otherwise provided in Section 7.2 (Arbitration).

7.2 Mandatory Arbitration Agreement

Scope - any dispute relating to these Terms or your relationship with Flask, including prior disputes, is resolved by binding arbitration administered by JAMS. Claims under USD 250000 use Streamlined Rules; others use Comprehensive Rules.

Venue - Los Angeles County, California, or by video conference at your election. If JAMS is unavailable, the parties will select another established ADR provider.

Arbitrator’s authority - the arbitrator may award any individual relief but may not conduct class or representative proceedings.

Fees - allocated under the JAMS Consumer Minimum Standards; Flask pays any portion required.

7.3 Small Claims Carve Out

Either party may bring an eligible claim only in the small claims division of the Los Angeles County Superior Court.

7.4 Class Action and Jury Trial Waiver

Claims may be brought only on an individual basis. You and Flask waive any right to a jury trial.

7.5 Thirty Day Opt Out

You may opt out of arbitration and class waiver by emailing info@flaskfinewines.com within 30 days of your first Order.

7.6 Injunctive Relief

Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent unauthorized resale.

7.7 Severability

If any part of Section 7 is invalid, the remainder stays in force.

7.8 Survival

This Arbitration Agreement survives termination of the relationship.

7.9 Future Modifications

If Flask materially changes Section 7, you may reject the change within 30 days by emailing info@flaskfinewines.com.

8. UPDATES TO THESE TERMS

Flask may amend these Terms at any time. Material changes take effect on the date posted unless a later date is stated. Notice provided via updated "Last Updated" date and, where required, email or banner. For material changes, Flask will provide notice by one or more of the following methods: (a) displaying a prominent banner or notice on our website or app; (b) sending an email to the address associated with your account; or (c) presenting a notice at account login or checkout. Continued use after the effective date constitutes acceptance.

9. FORCE MAJEURE

Flask is not liable for delay or failure caused by an Act of God or any event beyond our control, including but not limited to natural disasters, pandemics, war, terrorism, labor disputes, government action, utility failures, or widespread Internet outages.

10. ASSIGNMENT

You may not assign any rights or obligations under these Terms without Flask’s prior written consent. Flask may assign its rights and obligations to any affiliate or successor without notice.

11. HEADINGS

Headings are for convenience only and do not affect interpretation.

12. WAIVER

Flask’s failure to enforce any provision is not a waiver of that provision. A waiver is effective only if in writing and signed by Flask.

13. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, together with the Privacy Policy, Shipping Policy, and any incorporated policy, are the entire agreement. If a conflict arises, the specific policy controls, then these Terms. If any provision is unenforceable, the remainder remains in force.

14. TERM AND TERMINATION

These Terms remain in effect unless and until terminated by you or Flask. Flask may, in its sole discretion, at any time and for any reason, suspend or terminate your access to any or all Services, or your account, with or without notice. Termination will not affect rights or obligations accrued prior to termination, including payment obligations, disclaimers, limitations of liability, indemnification, and dispute resolution provisions, all of which shall survive termination.

15. PROHIBITED USES AND TECHNICAL RESTRICTIONS

You agree not to, and will not permit any third party to:
(a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Site or any portion of it;
(b) frame or enclose any trademark, logo, or other Flask content (including images, text, page layout, or form);
(c) use any meta‑tags or hidden text using Flask’s name, trademarks, or service marks;
(d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) develop or use any manual or automated software, devices, or other processes (including spiders, robots, scrapers, crawlers, data‑mining tools) to scrape or harvest data from the Services, or attempt to obtain the source code;
(f) bypass or disable any technological measure controlling access to the Services;
(g) remove or destroy any copyright notices or proprietary markings on the Services.
Any attempt to circumvent these restrictions, or any actual or attempted unauthorized use of the Services, constitutes a material breach of these Terms and may result in immediate termination of your access and may subject you to civil and/or criminal liability.

16. REGISTRATION, ACCOUNT SECURITY, AND TERMINATION

16.1 Accuracy. When you create an account, you must provide true, accurate, current, and complete information and keep it updated.

16.2 Security. You are responsible for all activity under your credentials. Keep your password confidential and notify Flask immediately of any unauthorized use.

16.3 One Account. You may maintain only one customer account per email or third‑party login.

16.4 Property of Flask. You acknowledge that you have no ownership interest in any account and that all rights in and to any account are owned by Flask.

16.5 Termination. Flask may suspend or terminate any account, or refuse any current or future use of the Services, for violation of these Terms, suspected fraud, non‑payment, or any lawful reason, with or without notice.

17. USER CONTENT AND FEEDBACK

17.1 License. If you submit reviews, images, ratings, comments, suggestions, or other content (“User Content”) you grant Flask a perpetual, irrevocable, worldwide, royalty‑free, fully paid, non‑exclusive, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media.

17.2 Moral Rights. You waive any moral rights or attribution claims in User Content.

17.3 Removal. Flask may monitor and remove any User Content at any time for any reason without notice.

17.4 Feedback. By submitting any suggestions, ideas, proposals, reviews, or other feedback (“Feedback”), you agree that such Feedback is non-confidential and that you irrevocably assign and transfer to Flask all rights, title, and interest in and to such Feedback, including all intellectual property rights. To the extent such assignment is not effective, you grant Flask a perpetual, irrevocable, worldwide, royalty-free, fully paid, non-exclusive, transferable, and sublicensable license to use, reproduce, display, distribute, modify, and otherwise exploit the Feedback for any purpose, without acknowledgment or compensation to you.

18. GENERAL CUSTOMER INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Flask, its parent company (The Bottlist, Incorporated), subsidiaries, affiliates, officers, directors, employees, partners, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your User Content; (b) your violation of these Terms or of any law or regulation; or (c) your infringement or violation of the rights of any third party. Your indemnification obligation will survive termination of your use of the Services.

19. DMCA TAKEDOWN PROCEDURE

If you believe any content on the Services infringes your copyright, send a notice under 17 U.S.C. §512(c)(3) to Flask’s Copyright Agent:

Attn. Copyright Agent, 12194 Ventura Blvd, Studio City, CA 91604

Email: info@flaskfinewines.com

Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the material claimed to be infringing and information sufficient to locate it; (4) your contact information; (5) a statement of good‑faith belief that use is unauthorized; and (6) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act. Repeat infringers’ accounts will be terminated.

20. EXPORT‑CONTROL COMPLIANCE

You may not use, export, re‑export, import, or transfer the Services except as authorized by United States law and the laws of the jurisdiction where you access the Services. You represent that you are not located in any embargoed country and are not on any U.S. government denied‑party list.

21. ELECTRONIC COMMUNICATIONS CONSENT

You consent to receive communications from Flask electronically, and you agree that electronic notices, agreements, disclosures, and other communications satisfy any legal requirement that such communications be in writing, consistent with the U.S. Electronic Signatures in Global and National Commerce Act.

22. CALIFORNIA CONSUMER COMPLAINT NOTICE

Under California Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952‑5210.

23. CONTACT INFORMATION