Sales Terms and Conditions
These Sales Terms and Conditions (“Terms”) will apply to any contract between us for the sale of the PerfectDraft™ machines listed on our website, EXCLUDING ALL ALCOHOL PRODUCTS (“Products”) to you. Please note that before placing an order for Products you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
These Terms apply to you as a consumer, which is a private individual purchasing goods from us. They do not apply if you are acting as a trade customer (in other words, you are a business which is purchasing or subscribing to receive goods from us, regardless of whether you are registered with us as a trade customer).
1. About us
1.1 The Products are sold by Anheuser-Busch LLC (including its affiliates, "A-B") or by TapRm or by Accelpay or by a retailer belonging to either the TapRm.com or Accelpay network. These Terms only apply to the sale of Products executed by A-B.
1.2 TapRm is operated by JB-NY Distributors, Inc., 228 Park Avenue S, NY 10003 (“TapRm”). TapRm terms of service are available at: https://www.taprm.com/policies/terms-of-service .
1.3 Accelpay is operated by Paiseh, Inc., 110 Charlton 19H, New York, NY 10014 (“Accelpay”). Accelpay terms of service are available at: https://www.accelpay.io/company/legal
1.4 You can contact our Customer Service in relation to the Products at:
a. Email: firstname.lastname@example.org
1.5 Alcohol products are not sold by A-B and are expressly excluded from the definition of Products contained in these Terms. We are not involved in the retail sale of the kegs. Please see art. 2.3. and 5.4. below for more information.
2. Age requirements
2.1 You must be of the legal drinking age in your State of residence to use this site and/or purchase Products.
2.2 We are not allowed by law to supply Products to you if you do not satisfy legal age requirements. If you are not of a legal drinking age, please do not attempt to order these Products through our site and cease to use the site immediately.
2.3 All alcohol orders are sold and shipped by licensed retailers that are in the Accelpay or TapRm.com network. Accelpay is operated by Paiseh, Inc., 110 Charlton 19H, New York, NY 10014, an independent company. TapRm.com is operated by JB-NY Distributors, Inc., 228 Park Avenue S, NY 10003. Neither Accelpay, nor TapRm, nor licensed retailers sell alcohol to persons under the age of 21. If you are not at least 21 years old, you should leave this site immediately. Accelpay terms of service are available at: https://www.accelpay.io/company/legal . TapRm terms of service are available at: https://www.taprm.com/policies/terms-of-service .
A-B is not involved with the sale or delivery of alcohol products advertised on this website.
2.4 All orders relating to alcohol products and/other Products placed on this site and processed by licensed retail stores in the Accelpay or TapRm networks are subject to acceptance and shipment by the licensed liquor retail store in the Accelpay or TapRm networks, and no order is deemed to be accepted by the licensed liquor store until the order is shipped. Pursuant to applicable laws and regulations, the liquor store may refuse to accept, sell, ship or fulfill your order for any reason, including, among others, in the event of a technological mistake or “glitch” in the transmission of pricing to the customer via the PerfectDraft or Accelpay site. Therefore, no contractual or other obligation to sell and ship the kegs or Products ordered via the PerfectDraft and Accelpay and/or TapRm.com platforms attaches or is final or binding on the licensed retailer unless and until the licensed retailer accepts and ships the order to the customer, even if the customer’s credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer’s credit or debit card shall be credited back in full. Similarly, in that situation, the customer will not be responsible for the payment, nor will A-B or Accelpay or TapRm or the licensed retailer be responsible for providing any further compensation to the customer (other than the credit for the amount charged to the customer’s card).
2.5 By using this site you affirm and represent and warrant to us that you are over the legal age required to buy alcoholic beverages and products, and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and our service providers and affiliates and/or reimburse us, service providers and our affiliates and the retailers that sold the alcohol products; you also will be responsible for all costs, expenses (including legal fees) and damages we and they suffer or incur. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from the licensed retailer is over the age of 21. You also agree that any alcohol purchased from the licensed retailer is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use, you are not to use this site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and assist in having you prosecuted to the fullest extent allowable by law.
3. How we use your personal information
4. Our right to amend these Terms
4.1 We amend these Terms from time to time and your continued use of the site following any changes shall be deemed to be your acceptance of such change.
4.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us. You should print a copy of these Terms or save them to your computer for future reference.
5.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the Products. Your Products may vary slightly from those images.
5.2 The packaging of the Products may vary from that shown on images on our site.
5.3 We reserve the right to change or withdraw products offered by us and that are displayed on our site without notice.
5.4 The Products sold by A-B on this website are non-alcoholic products only. All alcohol orders are sold and shipped by licensed retailers on the Aaccelplay or TapRm.com network. Accelpay is operated by Paiseh Inc., an independent company.. TapRm.com is operated by JB-NY Distributors, Inc., 228 Park Avenue S, NY 10003, an independent company. We are not involved with the sale or delivery of alcohol products.
6. How the contract is formed between you and us
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us, via the e-commerce platforms Accelpay and TapRm. Please take the time to read and check your order at each page of the order process, as well as Accelpay’s and/or TapRm’s terms and conditions.
6.2 After you place an order, you will receive an order confirmation e-mail.
6.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7. Return and refund
7.1 The Products advertised and sold by us on the site, EXCLUDING ALL ALCOHOL PRODUCTS, carry a 30-day Money Back Guarantee. If you are not completely satisfied with your Product, you may return it within 30 days of purchase.
7.2 To initiate a return within 30 days of purchase, please contact our Customer Service Team at the contacts provided under article 1.2 above. Please add in the subject line of your e-mail: ‘PerfectDraft Return’. You will receive instructions on how to return the Product.
8. Non-conforming goods
8.1 If you receive a Product that is faulty you can reject the Product or request a repair or replacement within the warranty period (see our Warranty for more information).
8.2 If you have requested a repair or replacement to a Product we will use our best efforts to complete the repair or replacement as soon as possible and with the least inconvenience to you.
8.3 If you reject the Product because it is faulty or mis-described, we will refund the price you paid in full within 14 days from the day in which we receive the returned Product.
9.1 Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 14 for our responsibilities when this happens.
9.2 If no one is available at your address to take delivery, the delivery driver may attempt to leave it in a safe place or with a neighbor. If this is not possible, a card will be left with details of any rescheduled delivery date (if applicable) or alternatively how to collect or rearrange your delivery. Should any order be returned to us and you made no attempt to contact us or the courier regarding delivery, we will be entitled to charge a standard delivery charge to re-send the order.
9.3 Delivery of an order shall be completed when our delivery partner delivers the Products to the address you gave (or other address in accordance with Clause 9.2) and the Products will be your responsibility from that time.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
9.5 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
9.5.1 we have refused to deliver the Products;
9.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
9.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
9.7 If you do choose to cancel your order for late delivery under Clause 9.5 or Clause 9.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery in accordance with Clause 7.
9.8 We do not accept any responsibility for delayed or failed delivery of a Product which results from your failure to provide correct address information. If a Product is returned to us because you fail to provide correct address information, we reserve the right to require that you pay additional postage costs (and administration fees and taxes, if applicable) before we re-deliver the Product.
10. No international delivery
10.1 Unfortunately, we do not deliver to addresses outside the State of Florida. You may place an order for Products from outside the State of Florida, but this order must be for delivery to an address in the State of Florida.
11. Price of Products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12. How to pay
12.1 All payments are managed securely by our trusted third party payment providers, TapRm and Accelpay. Please take some time to read their terms and conditions.
12.2 Payment for the Products and all applicable delivery charges is in advance, at the time of purchase.
13. Our liability
13.1 If we fail to comply with these Terms or we act negligently, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. The maximum amount we are liable for is the cost of the Products plus any relevant delivery charges.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any other liability which we are not allowed to exclude or limit by law.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 14.2.
14.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you. Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in one of the ways set out in Clause 7.2. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14.5 We reserve the right to cancel an order, end a Contract, refuse to deliver a Product and inform law enforcement agencies in circumstances where we consider (acting in our absolute discretion) that you are attempting to obtain a Product using fraudulent means, to commit any other type of fraud or to otherwise break the law or breach these Terms.
14.6 References in this Clause 16 to an Event Outside Our Control do not include any action which you take in order to frustrate or hinder our performance of the Contract. If we consider, acting reasonably, that you are intending to frustrate or hinder our performance of the Contract (or that you have frustrated or hindered that performance), we may (though are not required to) treat the order as cancelled, end the Contract and notify you in writing.
15.1 We may transfer our rights and obligations under a Contract or these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms, and any Contract between us, are only in the English language and are governed by the laws of the United States and/or the State of Missouri. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of the laws of the United States and/or the State of Missouri. You and we both agree that the courts of the United States and the State of Missouri will have exclusive jurisdiction.
Terms updated on: 03/14/2023
Previous version available here: https://perfectdraft-usa.myshopify.com/pages/sales-terms-conditions-v1