Terms of service

Effective Date: 03/18/2026

OVERVIEW

Welcome to Gifted Pour. The terms “Gifted Pour,” “we,” “us,” and “our” refer to Liquor Geeks LLC, which operates the Gifted Pour website, store, and related services. Gifted Pour operates this website, including all related information, content, features, tools, products, and services, to provide you with an online shopping experience and related services (collectively, the “Services”).

Gifted Pour is powered by Shopify, which enables us to provide the Services to you. By accessing or using any part of the Services, including browsing the website or placing an order, you agree to be bound by these Terms of Service (“Terms”), as well as our Privacy Policy, Refund Policy, Shipping Policy, and any other policies referenced on this site. If you do not agree to these Terms, you may not access or use the Services.

SECTION 1 - ELIGIBILITY, ACCESS, AND ACCOUNT

By using the Services, you represent and warrant that you are at least 21 years of age and legally permitted to purchase alcoholic beverages in your jurisdiction.

You may be required to provide certain information in order to access certain features of the Services or to place an order, including your name, billing information, shipping information, email address, phone number, and payment details. You agree that all information you provide is accurate, current, complete, and authorized for your use.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or otherwise permit any other person to use your account.

We reserve the right to refuse access to the Services, suspend accounts, cancel orders, or terminate accounts at any time in our sole discretion.

SECTION 2 - ALCOHOL SALES AND COMPLIANCE

Gifted Pour sells age-restricted products. By placing an order for alcoholic beverages, you represent and warrant that:

  1. you are at least 21 years old;

  2. the recipient, where applicable, is at least 21 years old;

  3. the purchase and delivery of the products are lawful in the applicable jurisdiction; and

  4. you will comply with all applicable laws regarding possession, use, transportation, and delivery of alcohol.

Adult signature by a person 21 years of age or older is required for alcohol deliveries where applicable. We reserve the right to require age verification before or after an order is placed, to refuse service, to cancel orders, and to limit or prohibit shipments where required by law or where we suspect fraud, unlawful conduct, or policy abuse.

We ship only within the United States and only to locations where shipment of the purchased products is legally permitted.

SECTION 3 - PRODUCTS

We make reasonable efforts to describe and display our products as accurately as possible. However, product images, packaging, vintages, labels, colors, engravings, and other visual elements may vary from what appears on your screen or from prior product releases.

We do not warrant that product descriptions, images, packaging, availability, or other content on the Services are complete, current, or error-free. All product descriptions, pricing, availability, and specifications are subject to change at any time without notice.

We reserve the right to discontinue any product at any time and to limit quantities of any product or service offered.

SECTION 4 - ORDERS

Your submission of an order constitutes an offer to purchase. All orders are subject to acceptance by Gifted Pour. We may accept, reject, limit, or cancel any order at any time and for any reason, including suspected fraud, pricing errors, product unavailability, shipping restrictions, legal compliance concerns, or suspected resale or export activity.

An order is not accepted until we confirm it. We may be unable to accommodate cancellation or modification requests after an order is placed.

If we cancel or materially modify an order after payment is submitted, we will generally attempt to notify you using the contact information provided at checkout and, where appropriate, issue a refund of amounts actually charged for the canceled portion of the order.

Your purchases are subject to our Refund Policy and Shipping Policy, each as posted on this website.

You represent and warrant that your purchases are for personal use, gifting, or lawful business gifting purposes, and not for unlawful resale, re-shipment, or export.

SECTION 5 - PRICING, BILLING, AND PAYMENT

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is submitted, subject to correction of errors.

Unless otherwise expressly stated, posted prices do not include taxes, shipping charges, handling charges, or other applicable fees.

You agree to provide current, complete, and accurate billing, payment, and account information for all purchases. You represent and warrant that:

  1. any payment method you use is authorized for your use;

  2. all payment information you provide is accurate and complete; and

  3. you will pay all charges incurred by you at the prices in effect at the time of your order, including applicable shipping, handling, and taxes.

We reserve the right to refuse or cancel any order if fraud or an unauthorized or illegal transaction is suspected.

SECTION 6 - SHIPPING, DELIVERY, AND RISK

Delivery dates and transit times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, weather, legal restrictions, verification issues, service interruptions, or events outside our reasonable control.

Alcohol shipments may require adult signature and may be delayed, returned, or refused if no eligible recipient is available. Returned, refused, undeliverable, or failed-delivery orders are handled in accordance with our Refund Policy and Shipping Policy.

Once an order is transferred to the carrier, carrier handling and transit are outside our direct control. Claims relating to damage, incorrect items, lost packages, or packages marked delivered are governed by our posted policies.

SECTION 7 - RETURNS, REFUNDS, AND CANCELLATIONS

All returns, refunds, exchanges, credits, delivery issues, and cancellations are governed solely by our Refund Policy and any other posted policies applicable to the order.

All alcohol sales are final and non-returnable to the fullest extent permitted by law.

SECTION 8 - INTELLECTUAL PROPERTY

The Services and all content available through them, including text, graphics, logos, button icons, images, product descriptions, videos, audio, software, page design, and overall presentation, are owned by Gifted Pour, Liquor Geeks LLC, our affiliates, licensors, or content providers and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, lawful, non-commercial use only. You may not reproduce, distribute, modify, copy, republish, scrape, display, transmit, create derivative works from, or exploit any part of the Services without our prior written consent.

All rights not expressly granted are reserved.

SECTION 9 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

The Services may provide access to features, tools, applications, payment services, integrations, or content provided by third parties. These are provided as a convenience only.

We do not control and are not responsible for any third-party tools, platforms, websites, content, policies, products, or services. Your use of such third-party services is at your own risk and subject to the terms and policies of those third parties.

SECTION 10 - THIRD-PARTY LINKS

The Services may contain links to third-party websites or resources. We provide these links for convenience only. We do not endorse and are not responsible for the availability, accuracy, content, products, or services of third-party websites.

If you leave our website and access any third-party website, you do so at your own risk.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

Gifted Pour is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make through this store is made directly with Gifted Pour, not with Shopify.

To the fullest extent permitted by law, you acknowledge and agree that Shopify and its affiliates are not responsible for any aspect of any sale, order, shipment, product, return, refund, injury, damage, or loss arising from transactions between you and Gifted Pour.

SECTION 12 - PRIVACY

Your submission of personal information through the Services is governed by our Privacy Policy. Because the Services are hosted by Shopify, certain information may also be collected, processed, and stored by Shopify and its service providers in accordance with Shopify’s privacy practices.

By using the Services, you acknowledge that you have reviewed our Privacy Policy and understand that your information may be processed by us and certain service providers to operate the store, fulfill orders, provide customer support, prevent fraud, and comply with legal obligations.

SECTION 13 - FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit reviews, testimonials, suggestions, ideas, comments, photos, videos, or other materials to us, whether online, by email, or otherwise, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable right to use, reproduce, publish, modify, distribute, display, and exploit such content in any media for lawful business purposes.

You represent and warrant that:

  1. you own or control all rights in the content you submit;

  2. the content is accurate and not misleading;

  3. the content does not violate any law or any third-party rights; and

  4. you have disclosed any compensation or incentive received in connection with any review or endorsement where required by law.

We may remove or decline to post any submission at our discretion.

SECTION 14 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, availability, or other matters.

We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after an order has been submitted.

SECTION 15 - PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services:

  • for any unlawful, fraudulent, abusive, or malicious purpose;

  • to violate any applicable law, regulation, or third-party right;

  • to misrepresent your identity, age, eligibility, or authority;

  • to purchase products for unlawful resale, unlawful export, or unlawful delivery;

  • to interfere with or disrupt the security or operation of the Services;

  • to introduce malware, malicious code, or harmful material;

  • to scrape, harvest, mine, extract, copy, mirror, or monitor any content or data from the Services using robots, crawlers, bots, scripts, automated tools, AI agents, or similar means;

  • to bypass security controls, CAPTCHAs, rate limits, access restrictions, or other technical measures;

  • to spam, phish, pretext, or otherwise exploit the Services or other users.

We may investigate violations and may suspend or terminate access, cancel orders, block accounts, and pursue any lawful remedy.

SECTION 16 - AGENT AND AUTOMATED ACCESS

No software agent, bot, crawler, scraper, automated purchasing tool, AI agent, or similar automated or semi-automated system may access, interact with, monitor, or use the Services without our prior written permission.

We may use technical or contractual measures to detect, limit, block, or control automated access to the Services. Any permitted automated system must accurately identify itself and must not disguise automated activity as human activity or circumvent any technical restrictions.

SECTION 17 - DISCLAIMER OF WARRANTIES

The Services and all products and content provided through the Services are provided on an “as is” and “as available” basis, except as expressly stated otherwise by Gifted Pour in writing.

To the fullest extent permitted by law, Gifted Pour disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and availability.

We do not warrant that the Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that defects will be corrected.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 18 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Gifted Pour, Liquor Geeks LLC, and our affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and partners will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of savings, loss of goodwill, loss of data, replacement costs, business interruption, or similar damages, arising out of or related to your use of the Services or any products purchased through the Services, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services or any order will not exceed the amount actually paid by you to Gifted Pour for the product or order giving rise to the claim.

Nothing in these Terms limits liability to the extent such limitation is prohibited by law.

SECTION 19 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Gifted Pour, Liquor Geeks LLC, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  1. your breach of these Terms or any policy incorporated into them;

  2. your misuse of the Services;

  3. your violation of any law or the rights of any third party; or

  4. your negligence, fraud, misconduct, or unlawful use of any products purchased from us.

SECTION 20 - TERMINATION

We may suspend or terminate your access to the Services, cancel orders, or block future purchases at any time, with or without notice, in our sole discretion.

Any provisions of these Terms that by their nature should survive termination shall survive, including provisions regarding ownership, intellectual property, disclaimers, limitations of liability, indemnification, governing law, dispute provisions, and payment obligations.

SECTION 21 - SEVERABILITY

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

SECTION 22 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

These Terms, together with our posted policies, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, relating to the Services.

SECTION 23 - ASSIGNMENT

You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate our rights and obligations under these Terms at any time without notice.

SECTION 24 - GOVERNING LAW AND VENUE

These Terms, and any dispute, claim, or controversy arising out of or relating to the Services, any order, or any transaction with Gifted Pour, shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

Any action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction and venue of such courts, except to the extent a dispute is subject to binding arbitration under Section 25 below.

SECTION 25 - DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

Please read this section carefully. It affects your legal rights.

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any order, any product purchased through Gifted Pour, or any relationship between you and Gifted Pour, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding individual arbitration and not in court, except that either party may bring an individual action in small claims court if the claim qualifies.

This arbitration provision is governed by the Federal Arbitration Act and shall be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules then in effect.

Arbitration will be conducted by a single neutral arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable, except that a court of competent jurisdiction may determine the enforceability of the class-action waiver below.

You and Gifted Pour agree that any arbitration or proceeding will be conducted only on an individual basis and not in a class, consolidated, representative, mass, coordinated, or private attorney general action. You and Gifted Pour each waive any right to participate in a class action or class-wide arbitration. If this class-action waiver is found unenforceable as to any claim or request for relief, then that claim or request for relief shall be severed and shall proceed in a court of competent jurisdiction, and the remainder of this arbitration provision shall remain in full force to the fullest extent permitted by law.

If arbitration is initiated, the arbitration shall take place in San Diego County, California, unless the applicable AAA rules or applicable law require another location or remote proceeding. The arbitrator may award the same relief available in court on an individual basis only.

Each party will be responsible for arbitration fees and costs as allocated by the applicable AAA rules, applicable law, and any decision of the arbitrator.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its rights pending completion of arbitration.

If you do not want this arbitration provision to apply, you must notify Gifted Pour in writing within 30 days of your first use of the Services or first purchase from Gifted Pour, whichever occurs first, by emailing hello@giftedpour.com with the subject line: Arbitration Opt-Out. Your opt-out notice must include your full name, email address, and a clear statement that you wish to opt out of this arbitration provision. If you opt out, the remainder of these Terms will still apply.

SECTION 26 - CHANGES TO THESE TERMS

We reserve the right to update, change, or replace these Terms at any time in our sole discretion by posting revised Terms on this page.

Your continued use of the Services after revised Terms are posted constitutes your acceptance of those changes, to the extent permitted by law.

SECTION 27 - CONTACT INFORMATION

Questions about these Terms should be sent to:

Gifted Pour
Liquor Geeks LLC
hello@giftedpour.com