Terms and Conditions
Thanks for visiting our website. We will do all we can to ensure you have an enjoyable shopping experience, and that you are completely happy with your order.
We wish to draw your attention to the following important points:
The drinkbarnone.com website, referred to as the Website, is for private consumer target only and not open to company use. The Website is intended for audiences of 13 years and above; you should have your parents’ consent if you are under 16. We reserve the right to request evidence of parental consent at any time.
These terms and conditions (the “Terms”) apply to the use of this website, www.drinkbarnone.com (the “Website”). By visiting www.drinkbarnone.com or by placing an order, you confirm that you have read these terms and conditions and agree to adhere to them in their entirety. If you do not agree to these terms and conditions, you must not use this Website. We may update or vary our terms and conditions from time to time, so please check this page for the latest version whenever you visit drinkbarnone.com. We can also update and vary the terms and conditions by notice on other pages of this Website. You will be able to access most areas of drinkbarnone.com without registering your details with us.
2. TRADING DETAILS
Whenever you buy a product through this Website, you will be contracting with FortyFour, a limited liability company incorporated in the State of Georgia with its principal address at 337 Elizabeth St NE, Suite E, Atlanta, GA 30307.
3. GENERAL REQUIREMENTS.
By placing an order, you represent and warrant that:
- You are at least 18 years of age (19 in Alabama and Nebraska; 21 in Mississippi);
- If you are an individual consumer, the product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes.
- If you are a business, the product is being ordered on the Website solely to promote your own products or services by distributing the product to your customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the product.
- You will not submit any "objectionable" material for inclusion on personalized product. "Objectionable" means, among other things, anything that (i) is libelous, defamatory, pornographic, sexually explicit, unlawful, racially or ethnically offensive, (ii) infringes on someone else's patent, copyright, trademark, trade secret or other property right, (iii) is something people would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, or violent, (iv) would breach a person’s privacy or publicity rights, (v) is a misrepresentation of facts, (vi) hate speech, (vii) encourages others to break the law in any way (viii) is intentionally harmful to Bar None, operating under neXstep Beverages LLC (“neXstep Beverages”), a wholly owned subsidiary of The Coca-Cola company or (ix) is otherwise inappropriate.
- The material you submitted for inclusion on personalized product will not infringe any copyright, trademark, patent, literary, privacy, publicity or other property right of any third party.
- You confirm that any names(s) or phrase(s) selected by you to put on personalized product is your name or the name of a person(s) you personally know or a phrase that is not objectionable as defined above.
4. ORDERING FROM US
4.1. Product description.
We use our reasonable endeavors to make sure that every product on our website is shown accurately and that prices are correct. However, occasionally there may be small variations in color, typefaces and layout. neXstep Beverages disclaims all representations and warranties that the content or information on this Website is accurate, complete, up to date or does not infringe the rights of any third party.
4.2. Placing your order.
When you place an order with us (by choosing your product, personalizing if applicable and completing our online checkout process), we will send you an order acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. A ‘purchase contract’ between you and FortyFour, LLC is therefore made at the point of shipment, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons a. Where we cannot obtain authorization for your payment b. If you do not meet any eligibility criteria set out in our terms and conditions c. If the order for personalized products contains reference to any names, words, acronyms, symbols or other content that is not approved by Coca-Cola. We reserve the right to cancel your order at any time and issue a full refund. This does not affect your statutory rights.
4.5. Ordering multiple products
Multiple items can be ordered at the same time and may be shipped on the same day.
You can pay for your goods using major credit or debit cards.
5. PRICES AND SALES TAX
All prices shown in the checkout of the Website include sales tax and any deposit fees at the prevailing rate if applicable. Specific details regarding sales tax are outlined below.
Postage and packaging charges for most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.
Most orders will arrive within a week but at least within 3 weeks from receiving the order. Shipping charges will be added to your order. Shipping is free on orders of $60 or more.
6.1. General shipping information
If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.
6.2. Delivery and postage
If you want to check the postage and packaging cost of your order, simply place the items in the online shopping basket with the correct quantity and address. We will then calculate the charge for you. Freight charges are calculated based on the items ordered, delivery is free for orders of $60 or more. The postage cost is inclusive of all packaging. Generally, orders are delivered within a week but please allow 2 to 3 weeks from the date of placing your order for your items to arrive.
6.3. Circumstances Beyond Our Control
Neither we, nor any courier or carrier service that we use shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions - such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or from any industrial dispute or strike.
7. CHANGING OR CANCELLING AN ORDER
On the website, there are lots of opportunities to amend, remove and add items, so the chance of an error is small. We can assist with making changes to order quantities or shipping addreses until 7PM EST on the day the order was placed. Please contact our Customer Service Team at 1-877-664-2310, who will be happy to assist.
8. RETURNS AND REFUNDS
We want you to LOVE your products. In the rare case that you’re not satisfied with your order, please contact us WITHIN 15 DAYS of receipt using the Contact Us form on the site or call our Consumer Affairs Department at 1-877-664-2310. Unfortunately, we cannot accept returns outside of 15 days of receipt.
8.1 Reporting a problem
If for any reason you are not happy with your order, please contact our Customer Service Team. Call 1-877-664-2310 or use our Contact Us form. You will need to quote your order number, and the details of the problem with the order. We aim to acknowledge any complaint within 1 working day and will do our best to resolve it within 28 days.
8.2. Issuing refunds
Where an item is faulty, if you are eligible for a refund, we will reimburse the price you have paid for the product or products onto the credit or debit card with which you paid. Alternatively, we may offer a coupon or voucher (if applicable) and resend the item free of charge. Please note it is not our policy to offer both a refund and a resend. Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalization is misspelled. We reserve the right to refuse a refund request. If you request a refund on three separate orders, we will refuse a refund on the 3rd request. You can request a refund by calling 1-877-664-2310 or by emailing email@example.com. If you created an account, you can also request a refund online in your order history.
9. YOUR PRIVACY AND SECURITY
9.1. How we use your contact information
The personal information you provide to us will include your contact details, payment card details and information about any recipients of products to whom you wish us to deliver products. The Coca-Cola Company and FortyFour will not sell or disclose any personal data to any third party unless required to do so by law. Where a phone number is requested, we may use this to contact you to ensure that you are ordering products as set forth in these Terms & Conditions.
9.2. Securing your personal information
The Coca-Cola Company uses Secure Socket Layers (SSL), the most advanced security system available. All of the personal information you enter, including your name, address, and the contents of your address book, is encrypted by secure server software before it is safely transmitted across the Internet. Our Customer Service Team has access to this information.
9.3. Credit card transactions
Your card details are not recorded or stored in our database. They are encrypted and are transferred securely to our Payment Service Provider, Braintree for immediate authorization. Once we have received authorization from the Payment Service Provider, we will confirm your order.
10. USE OF THE WEBSITE
10.1. Intellectual Property.
All text, software, graphics, page layouts, design and other material that is contained on the Website is protected by The Coca-Cola Company’s or third party copyrights, trademarks, service marks, patents or other proprietary rights and laws. You do not have permission, except where expressly authorized to do so, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights.
10.2. Website content and service access.
While neXstep Beverages tries to maintain the integrity and security of the Website and the servers from which the Website is operated, neXstep Beverages does not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, it may be possible for third parties to make unauthorized alterations to the Website. If you become aware of any unauthorized third-party alteration to the Website, contact us at The Coca-Cola Company, CokeStore Website, P.O. Box 1734, Atlanta, GA, USA 30301 with a description of the material(s) at issue and the URL or location on the Website where such material(s) appear.
10.3.Limitations of Liability and Disclaimer of Warranties.
THE WEBSITE AND ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED BY US ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE.
THE COCA-COLA COMPANY AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) OBTAINED THROUGH OR IN CONNECTION WITH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
NEITHER THE COCA-COLA COMPANY NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE, THE SERVICES, OR THE SOFTWARE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER THE COCA-COLA COMPANY NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THEWEBSITE, OR RESULTING FROM ANY CONTENT POSTED ON THE WEBSITE BY THE COCA-COLA COMPANY OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COCA-COLA COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS AND USE THE WEBSITE.
Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
You agree to defend, indemnify and hold harmless The Coca-Cola Company and its affiliated entities, and their respective directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Website, the services, or the software; (b) any violation of these Terms by you or through your account; or (c) any allegation that any submission, creation, or other materials that you make available or create through or in connection with the Website, the services, or the software infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
These Terms are effective until terminated by The Coca-Cola Company. The Coca-Cola Company may terminate your access to or use of the Website if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to access and use the Website, services and software will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that The Coca-Cola Company may immediately deactivate or delete your user name and password, and all related information and files associated with it and/or bar any further access to such information or files. You agree that neither The Coca-Cola Company nor any of its affiliated entities will be liable to you or any third party for any termination of your access to the Website or to any such information or files, or will be required to make such information or files available to you after any such termination. Section 3 and Sections 9 to 14 shall survive any expiration or termination of these Terms.
13. JURISDICTIONAL ISSUES.
The Website is controlled and operated by The Coca-Cola Company from the United States, and is not intended to subject The Coca-Cola Company or any of its affiliated entities to the laws or jurisdiction of any territory other than that of the United States. The Coca-Cola Company does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The software is further subject to United States export controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a 'terrorist supporting' country; or (b) on any of the U.S. government lists of restricted end users.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and The Coca-Cola Company. These Terms and your use of the Website are governed by the laws of the State of Georgia, U.S.A., without regard to its choice of law provisions. You agree that (i) any and all disputes, claims, and causes of action arising out of or connected with your use of the Site shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the Rules of the American Arbitration Association, in Fulton County, Georgia; (ii) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. The Coca-Cola Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without The Coca-Cola Company's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms, together with all policies or rules referred to herein, is the entire agreement between you and The Coca-Cola Company relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and The Coca-Cola Company relating to such subject matter. Notices to you may be made via posting to the Website, by email, or by regular mail, in The Coca-Cola Company's discretion. The Website may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Coca-Cola Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.