TERMS OF SERVICE

1.IMPORTANT NOTICE: AGE REQUIREMENT

This Service is intended solely for persons who are at least twenty-one (21) years of age. By accessing or using this Service, you represent and warrant that you are at least 21 years old and legally permitted to purchase and receive alcoholic beverages in your jurisdiction. If you do not meet these age and legal requirements, you must not access any portion of the Service relating to alcoholic beverages.

2.APPLICATION

These terms apply to all relationships between Users and HEAVENSAKE (the "Brand") regarding the use of this Service. Individual provisions or rules for use may also apply and shall take precedence in the event of a conflict.

3.USER REGISTRATION

Registration is completed upon the Brand approval following an application and agreement to these terms. The Brand may deny registration for false information, prior violations, or if otherwise deemed inappropriate. Registration and use of alcohol‑purchase features are limited to persons 21+ and age misrepresentation is a violation of the Terms and grounds for denial/termination.

4.MANAGEMENT OF USER ID AND PASSWORD

Users are responsible for maintaining the confidentiality of their login credentials. The Brand is not liable for third-party use of an account unless caused by the Brand's willful or gross negligence.

5.NO BRAND-CONSUMER RELATIONSHIP FOR SALES

HEAVENSAKE does not sell or ship alcoholic beverages. All alcoholic beverage orders placed through this Service are sold and fulfilled by licensed U.S. retailers participating in the Sipsy network ("Retailers").

  • ・Contract Formation: Any sales contract for alcoholic beverages is formed solely between the User and the applicable Retailer, and not with the Brand.
  • ・Title and Ownership: Title to and ownership of alcoholic beverages pass from the Retailer to the User in accordance with applicable law.
  • ・Sipsy Platform: Sipsy.com is an independent third-party platform operated by Sipsy. By placing an order, you acknowledge that you have read and accept Sipsy's terms and conditions and privacy policy.

6.AGE AND ALCOHOL COMPLIANCE

  • ・Verification: You must be at least 21 years of age to purchase alcoholic beverages. By registering, you represent that you meet the age requirements set forth in these Terms. Age verification may also occur via Sipsy/retailers at checkout/delivery.
  • ・Delivery Signature: All deliveries of alcoholic beverages require the signature of a person 21 years of age or older with valid government-issued identification.
  • ・Refusal of Delivery: No delivery will be made to persons who are intoxicated or to locations where the receipt of alcohol is prohibited by law.

7.SHIPPING AND STATE RESTRICTIONS

  • ・Availability: The availability of alcohol products for delivery to any customer, and the acceptance of any orders, is the independent decision and responsibility of Sipsy and its retailer network.
  • ・Prohibited Jurisdictions: Orders will not be fulfilled or delivered to locations where the receipt of alcohol is prohibited by local or state law.
  • ・Delivery Failure: The applicable Retailer may cancel an order if delivery is not completed due to an unknown address or prolonged absence..

8.INTELLECTUAL PROPERTY RIGHTS

All content provided by this Service, including photos and text, belongs to the Brand or its content providers. Unauthorized reproduction, modification, or secondary use is prohibited.

9.SUSPENSION OR INTERRUPTION OF SERVICE

The Brand may suspend or interrupt the provision of all or part of the Service, with or without prior notice, if the Brand determines that:

  • (a)maintenance, inspection, or updates of systems are required;
  • (b)system failures, communication disruptions, or security issues occur;
  • (c)force majeure events arise, including natural disasters, power outages, or other events beyond the Brand’s reasonable control; or
  • (d)the Brand otherwise determines that suspension is reasonably necessary.

The Brand shall not be liable for any damages or disadvantages suffered by Users or third parties arising from such suspension or interruption.

10.RESTRICTION OF USE AND TERMINATION

The Brand may, without prior notice, restrict access to or terminate a User’s account if the User:

  • (a)violates these Terms;
  • (b)provides false or misleading information, including misrepresentation of age;
  • (c)fails to comply with applicable laws or regulations; or
  • (d)engages in conduct that the Brand reasonably determines to be inappropriate or harmful to the Service.

The Brand shall not be liable for any damages resulting from actions taken under this Section.

11.CHANGES TO THE SERVICE

The Brand may modify, update, or discontinue all or part of the Service at any time, with or without notice. The Brand shall not be liable for any damages incurred by Users as a result of such changes or discontinuation.

12.CHANGES TO THESE TERMS

The Brand may revise these Terms from time to time. Updated Terms will be effective upon posting on the Service. Continued use of the Service after such changes constitutes acceptance of the revised Terms.

13.NOTICES AND COMMUNICATIONS

Notices or communications from the Brand to Users may be provided electronically through the Service or via email to the contact information provided by the User. Such notices shall be deemed received upon transmission.

14.NO ASSIGNMENT

Users may not assign, transfer, or otherwise dispose of their rights or obligations under these Terms without the prior written consent of the Brand.

15.PRIVACY

The Brand’s handling of personal information is governed by its Privacy Policy, which is incorporated into these Terms by reference.

16.PROHIBITED MATTERS

Users shall not engage in illegal acts, infringe on intellectual property, interfere with server operations, or impersonate other users. Users shall not purchase alcoholic beverages on behalf of minors, misrepresent their age or identity, or resell alcoholic beverages in violation of applicable law

17.DISCLAIMER OF WARRANTY AND EXEMPTION

The Brand does not guarantee the Service is free from defects, bugs, or errors. To the extent permitted by law, the Brand shall not be liable for damages incurred by the User as a result of using this Service. The Brand makes no representations or warranties regarding alcoholic beverages sold by Retailers, including their quality, delivery, or compliance with applicable law.

18.GOVERNING LAW AND JURISDICTION

Except as expressly provided below, these Terms and the use of the Service are governed by the laws of Japan.

Transactions involving the purchase of alcoholic beverages are governed by the laws of the U.S. state in which the applicable Retailer is licensed and by Sipsy’s terms and conditions.

For disputes relating to the Brand, the court with jurisdiction over the Brand’s head office shall have exclusive jurisdiction.