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Terms of service

Flaviar Checkout Terms of Use

Last Updated: April 2026

Welcome to Flaviar Checkout! These terms (the “Terms”) apply when you purchase or shop for alcoholic beverages and/or merchandise via Flaviar Checkout, which is operated by Flaviar Inc. ("Flaviar") through integrations with third-party brand supplier or publisher websites (each, a "Brand Website"). By placing an order, or using the shopping cart, you confirm your agreement to be bound by these Terms, and you authorize Flaviar’s handling of personal information as described in the Flaviar Privacy Policy. The Flaviar Privacy Policy and these Terms are separate from any privacy policy or terms of the brand that operates the Brand Website. The brand’s own privacy policy and terms do not apply to Flaviar or to Flaviar Checkout.

THIS AGREEMENT INCLUDES MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS. BY USING FLAVIAR CHECKOUT OR ACCEPTING THESE TERMS IN ANY OTHER WAY, YOU AGREE TO THESE PROVISIONS, WHICH APPEAR IN SECTION 16 OF THESE TERMS.

1. Age Verification and Legal Drinking Age

You must be at least 21 years old to use Flaviar Checkout. You confirm:

  • You and the recipient are legally permitted to purchase and consume alcohol.

  • You understand delivery personnel will verify age with a valid ID upon delivery. Orders will not be delivered without age verification.

2. Flaviar’s Role

Flaviar Checkout facilitates your purchase of alcoholic beverages from licensed independent retailers (each, a “Retailer”) and merchandise from fulfillment providers. Flaviar does not sell alcoholic beverages.

3. Order Acceptance & Product Availability

Your order constitutes an offer to purchase. Flaviar and Retailer each reserve the right to reject or cancel orders for reasons including, without limitation:

  • Unavailability of products

  • Legal restrictions at your delivery location

  • Lack of legally eligible recipient with valid ID at time of delivery

  • Suspected or actual violation of these Terms or applicable laws

  • Pricing or descriptive errors

You will receive notification if any part of your order cannot be fulfilled through no fault of yours and if you are eligible for any refund.

4. Prohibited Uses. 

You agree that you will not, and will not encourage, assist or enable any other third party to (i) engage in any activity that could cause Flaviar or a Retailer to violate any applicable legal requirement; (ii) engage in activity that is fraudulent, inaccurate or unlawful, or that otherwise violates any rights of any third party; (iii) resell or make any commercial use of Flaviar Checkout or any products purchased through it; or (iv) access Flaviar Checkout to build a similar or competitive website, application, product or service. 

5. Pricing, Taxes & Payment Authorization

Prices displayed at checkout include applicable taxes, VAT (Value Added Tax) where required, and duties relevant to your delivery location. Pricing is not final until your order is accepted. 

Purchases may be made with a payment card and are processed by our third-party payment processor, such as Stripe, Inc. or a competitor of it (“Payment Processor”).  Your purchase transactions are subject to the terms and privacy policies of the Payment Processor. 

You authorize Flaviar, through the Payment Processor, to charge you through the payment method you specify at checkout. 

6. Geographic Compliance & Restrictions

You agree to comply with all applicable laws concerning alcohol purchases and deliveries. 

7. Delivery Requirements

Orders for delivery to PO boxes, military bases, or postal forwarding locations (such as UPS/FEDEX, USPS, Walgreens, etc.) are not valid and may result in delayed shipment until a new address is provided, or failed deliveries leading to return to sender. 

Orders require signature of an individual who is of legal drinking age (according to the local law of the delivery location) prior to delivery, and proof of age via a valid, government-issued photo ID (e.g., driver’s license or passport). You will ensure that such an individual is present during the delivery windows we specify. Packages will not be left unattended. After three failed delivery attempts due to no eligible recipient with valid ID or incorrect address, you can request re-shipping for an additional fee, or the order will be returned and may be partially refunded, as described in our Return Policy. 

Estimated delivery times are estimates, not guarantees, and may vary due to factors such as regulations, verification, or weather delays.

8. Cancellations, Returns & Refunds

Alcohol sales are final. For more information on cancellations, returns, exchanges and refunds, please review our Return Policy, which is incorporated by reference into these Terms.

9. Product Images and Descriptions

Product images and descriptions provided on Flaviar Checkout and the rest of the Brand Website are for approximate illustrative purposes only. Actual products may vary slightly in appearance or description due to manufacturer changes or updates.

10. Transfer of Title & Risk

Title and ownership of all products and risk of loss transfer to you at the store of the Retailer, within the state in which the Retailer is licensed, once the Retailer accepts your order. You accept responsibility for products from that point onward.  

Flaviar never takes title to the goods. It is your sole responsibility to ship or arrange for shipping from that Retailer within the state or to the state you have chosen. As per your instructions, Flaviar or Retailer may provide support, and act on behalf of you, to arrange for shipping or transportation of any product but you are solely responsible for seeking out and informing yourself about the applicable law of the state in which you live or to which you wish the goods shipped, and by having Flaviar or the Retailer arrange shipping on your behalf, you are representing that you are acting in compliance with all laws and regulations of the state, county, and municipality that apply to you and the purchase, shipping, transportation and delivery of products, and that you have obtained all required permissions and are working through properly licensed intermediaries where required. You may be required to pay the state and local sales tax associated with a sale and delivery in that state. In any event, you are responsible to pay any sales, use, excise or other tax associated with your purchase.

11. Disclaimers & Limitations on Liability 

Products are provided "as is" without warranties of any kind, express or implied, except as explicitly required by law. Flaviar, its Retailers, and brand suppliers expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, in no event shall Flaviar, its Retailers, or brand suppliers be liable to you or any other person or entity for any indirect, special, incidental, punitive, or consequential damages arising out of or in connection with your use of Flaviar Checkout or related transactions, whether or not Flaviar has been advised of the possibility of such damages and regardless of the theory of liability. To the maximum extent permitted by law, Flaviar's maximum aggregate liability for any claims, liabilities or damages arising under these Terms shall not exceed the total amount you paid for the product(s) giving rise to the claim.

12. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Flaviar, its Retailers, brand suppliers, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, liabilities, damages, costs, or expenses (including reasonable attorneys' fees and court costs) arising from or related to misuse of Flaviar Checkout, violation of applicable laws, fraudulent or unlawful transactions, unauthorized resale or commercial use, or infringement of any third-party rights, or your other violation of these Terms. Flaviar reserves the right, at its own expense, to assume the exclusive defense and control of such disputes. In any event, you will cooperate with Flaviar in asserting any available defenses.

13. Relationship Between Parties

13.1 Transactional Structure.  The purchase transaction enabled through Flaviar Checkout has two distinct legal relationships:

(a) This service agreement between you and Flaviar Inc. governing the use of the Flaviar Checkout technology platform; and

(b) A purchase agreement between you and the Retailer for the sale and transfer of alcoholic beverages and you and the non-alcohol merchandise provider for merchandise.

13.2 Contractual Privity.  Flaviar Inc. is not a party to the purchase agreement referenced in subsection (b) above, but rather provides an e-commerce platform facilitating the formation of that agreement between you and the Retailer. 

13.3 Non-Agency Disclaimer.  Neither Flaviar nor the brand supplier operates as seller, distributor, or agent regarding your purchase of alcohol. All order fulfillment responsibility lies solely with the Retailer or as applicable, the non-alcohol merchandise provider.

14. Allocation of Operational Responsibilities

14.1 The Retailer or the non-alcohol merchandise provider (as applicable), and not Flaviar, shall be solely responsible for:

  1. Maintaining all requisite licenses for the sale and distribution of alcoholic beverages;

  2. Ensuring the accuracy of product information, pricing, and availability data provided to Flaviar;

  3. Executing the legal sale of alcoholic beverages from its licensed premises;

  4. Ensuring regulatory compliance with applicable alcoholic beverage control laws; and

  5. Facilitating delivery through approved carriers or delivery services. 


14.2 Inter-Entity Relationships.  For the avoidance of doubt, neither Flaviar nor any brand supplier whose Brand Website uses Flaviar Checkout functionality shall be deemed the agent, partner, or representative of any Retailer. 

15. Intellectual Property

All content on Flaviar Checkout, including text, graphics, logos, images, and software (collectively, “Flaviar IP”), is owned by Flaviar or its licensors and protected by intellectual property laws. Unauthorized use of Flaviar IP is strictly prohibited.

16. Dispute Resolution

As detailed in this section, all disputes arising out of, relating to, or in connection with these Terms or a Flaviar Checkout (“Disputes”) must be resolved first through an informal dispute resolution process. In the event that process fails, all Disputes will be resolved through binding arbitration.

16.1 Informal Dispute Resolution.  Unless otherwise noted in this Section 16, you and Flaviar agree that if any Dispute arises between us, both parties will first try to resolve it informally before initiating any formal dispute resolution proceeding. 

To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party (“Notice of Dispute”). For any Dispute against Flaviar that you initiate, you agree to send to Flaviar at help@flaviar.com (a) a written description of the Dispute and (b) the email address(es) associated with your purchase from Flaviar. The Notice of Dispute must be on an individual basis and provide at least: your name; a description of the nature of the Dispute with sufficient detail for Flaviar to assess its merits; and the specific relief sought. For any Dispute that Flaviar initiates, we will send our Notice of Dispute to the email address associated with your purchase if we can reasonably identify such an address.

You and Flaviar agree, following receipt of the Notice of Dispute, to negotiate in good faith about the Dispute through an informal telephonic conference. That conference shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal conference. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party also must appear at and participate in the conference, unless one party states in writing that the other party need not participate.

If the Dispute is not fully resolved within sixty (60) days after the non-initiating party receives the Notice of Dispute, you and Flaviar agree to resolve any remaining aspects of the Dispute through the procedures set forth below.

Good faith participation in the above-described informal dispute resolution process is a prerequisite to either party initiating arbitration. The parties agree that any applicable statute of limitations period or other deadlines will be tolled while the parties engage in informal dispute resolution. The parties further agree that whether a complaining party has satisfied these Initial Dispute Resolution procedures is an issue that can be decided by a court as a prerequisite to arbitration.

16.2 Arbitration Agreement.  If Informal Dispute Resolution efforts fail, then either party may initiate binding arbitration using the procedures set forth below as the sole means to resolve claims. To initiate an arbitration, you or Flaviar must file a demand for arbitration with National Arbitration and Mediation (“NAM”). After filing a copy of the demand with NAM, you must also email a copy to help@flaviar.com. If Flaviar is initiating arbitration, it will serve a copy of the demand to the email address associated with you. You and Flaviar agree that all Disputes shall be resolved exclusively through binding arbitration in accordance with this Section 16 (the “Arbitration Agreement”). This includes claims that arose, were identified, or involve facts occurring before the existence of this Arbitration Agreement as well as claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") and evidences a transaction involving interstate commerce. You and Flaviar expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement.

Except as set forth in Section 16.5, the arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and the Arbitration Agreement, including, but not limited to any claim that all or any part of these Terms or the Arbitration Agreement are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees. The arbitrator may grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's bad faith failure to comply with this Section.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND FLAVIAR BY AGREEING TO THIS ARBITRATION PROCEDURE ARE EACH IN EFFECT WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16.3. Arbitration Location.  Subject to Section 16.6, if applicable, if you are a resident of the United States, and initiate arbitration, such arbitration will take place in the County where you reside, or if no NAM arbitrator is available in that County, then at the closest NAM arbitration location available in the state. Where Flaviar initiates arbitration, and for residents in Canada (and anywhere else outside the United States), arbitration shall be initiated in the County of New York, State of New York, United States of America, unless you and Flaviar otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue despite either party’s initial selection. For any arbitration conducted in New York, You and Flaviar agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

16.4 Class Action Waiver.  You and Flaviar acknowledge and agree that, to the maximum extent allowed by law, and except as otherwise set out in this Section 16.4 and Section 16.6 below relating to batching, any arbitration shall be conducted in an individual capacity only and not as a class or other representative action, and the arbitrator may award relief only in favor of the individual party seeking relief; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis if either party provides its consent to consolidate in writing.

With the exception of this Section 16.4 and Section 16.6’s Batch Arbitration provision, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal, provision(s) were not contained herein. If, however, this Section 16.4 or Section 16.6’s Batch Arbitration provision is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Flaviar shall be entitled to arbitrate their Dispute. Nothing in this Section prevents you or Flaviar from agreeing to participate in a class-wide settlement of claims.

16.5 Exceptions to Arbitration.  Notwithstanding the foregoing, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction regardless of what forum the filing party initially chose. If a party has already submitted an arbitration demand, the other party can inform the arbitral forum that it chooses to have the Dispute heard in small claims court and the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court. Either party may also seek a declaratory judgment or similar relief in court regarding whether a party’s claims are time-barred, may be brought in small claims court, or a complaining party has satisfied the Initial Dispute Resolution procedures. Seeking such relief does not waive a party’s right to arbitration, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

16.6 Arbitration Rules.  The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with NAM rules, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com.

The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law.

If the amount in controversy is $10,000 or less and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Flaviar submit to the arbitrator, unless the parties agree otherwise. If the amount in controversy is more than $10,000 or seeks declaratory or injunctive relief, either party may request to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator can allow the filing of dispositive motions. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. 

In the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Flaviar (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (with any final batch consisting of the remaining demands) (ii) to designate one arbitrator for each batch; and (iii) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled, (iv) that the first batch (determined based on case number) will proceed alone, followed by the mediation process described in the following paragraph, and (v) that should that mediation process not be successful but the parties continue with the arbitration process, all remaining batches shall proceed simultaneously. You agree to cooperate in good faith with Flaviar and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The results of the first batch of demands will be given to a NAM mediator selected from an initially proposed group of 5 mediators, with Flaviar and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Flaviar, the mediator and the remaining claimants will have 90 days (the “Mediation Period”) to agree on a resolution or methodology for resolving the outstanding demands. If they are unable to do so, either Flaviar or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Flaviar nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process with all remaining batches being administered simultaneously. Opt out of arbitration under this section shall not be construed as opt out of Section 16.4, “Class Action Waiver.”

The parties agree that this Batch Arbitration provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If this Batch Arbitration provision is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Flaviar shall be entitled to arbitrate any claim that is a part of the Mass Filing.

16.7 If you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Flaviar will pay any filing and hearing fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. 

The parties agree that NAM can reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

16.8 Opt Out.  You can opt-out of the Arbitration Agreement and Class Action Waiver by notifying Flaviar in writing no later than thirty (30) days after your purchase. Your notice must include your name and address, and the email address you used to make your purchase, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to help@flaviar.com. If you do not opt out, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement and Class Action Waiver. If you opt out of the Arbitration Agreement or Class Action Waiver, you or we may exercise your or our right to a trial by jury or judge, as permitted by applicable law. If you opt-out of the Arbitration Agreement or Class Action Waiver, Flaviar also will not be bound by them.

17. Updates to These Terms

Flaviar may update these Terms, in its sole discretion and without further notice to you, at any time by posting the updated version online. The applicable Terms for any order will always be the version in effect at the time you place that order, even if Flaviar later posts an update. Please review these Terms before each purchase. The date of the last update will be clearly shown at the top of these Terms.

Contact Us

For questions regarding these Terms, contact Flaviar customer support at:

Flaviar Inc.
244 Fifth Avenue, Suite F247
New York, NY 10001
help@flaviar.com