Terms of service
OVERVIEW
Welcome to Dram Street! The terms “we”, “us” and “our” refer to Dram Street, a DBA of Top Shelf Brands LLC, a California limited liability company. Dram Street operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). As a marketplace facilitator, we connect you with third-party sellers, including licensed retailers for alcoholic beverages. We do not sell, store, or ship alcohol directly—all alcohol sales are fulfilled by licensed retailers who comply with applicable laws. The Services are powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence (21 or older for alcohol-related purchases), and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. For alcohol products, you must affirm you are 21 or older before viewing or purchasing; we may require additional age verification (e.g., ID upload) at checkout or delivery.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
For alcohol products: GOVERNMENT WARNING: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Alcohol products are sold and fulfilled by licensed retailers; we act solely as a facilitator.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Dram Street reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Dram Street confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Dram Street may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export. For alcohol orders, you affirm you are 21 or older and comply with all local laws.
SECTION 4 - PRICES AND BILLING
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 the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
As a marketplace facilitator, we collect and remit sales tax on behalf of licensed retailers in applicable states (e.g., see our applicable state sales tax certificates [link to a page or PDF with certificates from relevant states]).
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
For alcohol shipments: All deliveries require adult signature (21+) and ID verification at the point of delivery. Shipping is restricted to legal states; we geoblock unavailable areas. Licensed retailers handle fulfillment and comply with state shipping laws.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Dram Street, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Dram Street, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Dram Street.
Dram Street’s names, logos, product and service names, designs, and slogans are trademarks of Dram Street or its affiliates or licensors. You must not use such trademarks without the prior written permission of Dram Street. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
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SECTION 9 - RELATIONSHIP WITH SHOPIFY
Dram Street is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Dram Street or, for alcohol, with licensed retailers facilitated by us. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Dram Street or third-party retailers, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Dram Street.
SECTION 24 - CONTACT INFORMATION