Terms and Conditions
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE AND CLICKING ON THE “AGREE” BOX WHEN YOU PLACE YOUR ORDERS REPRESENTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE.
theBroBasket.com is the online home of Go to Gifts Inc. (the Company). The Company operates a gift basket business in California in addition to this Web Site, thebrobasket.com (the Web Site). The Company is located at 651 Via Alondra, Camarillo, CA. 93012. The telephone number is 805-388-1560. The Company makes no representations that materials contained on the Web Site are appropriate for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws.
The Company reserves the right, at its sole discretion, to revise these Terms and Conditions of Use at any time by updating this posting. Please check these terms periodically for changes. Your continued use of the Web Site following the posting of changes to these terms will mean you accept those changes and that they apply to you. These Terms and Conditions of Use apply to every Web Site maintained by the Company. If you do not agree with these Terms and Conditions of Use, please do not use this Web Site. If you breach any of these Terms and Conditions of Use your right to use this Web Site will terminate automatically.
The Sale of Alcoholic Beverages
Many of our offerings contain alcoholic beverages. The Company does not sell alcohol to persons under the age of 21. By using this site you are representing that you are over the age of 21. The Company makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are representing that the person receiving a shipment of alcoholic beverages from the Company is over the age of 21. You also agree that any alcohol purchased from the Company is intended for personal consumption and not for resale. Sales per person in California cannot exceed limit of 52 gallons per transaction. If you do not agree with these conditions of use, please do not use this site or accept these conditions.
Receiving Merchandise and Passage of Title
Laws regarding the sale and transportation of alcoholic beverages are complex and constantly changing. The politics, policies and procedures regarding such sales and transportation are different in every state. That is why you are buying from us in California and why title to alcoholic beverages pass to you upon purchase. In the event that thebrobasket.com may ship wine or other alcoholic beverages to your state in accordance with a state privilege requiring the payment of state taxes, you will be charged the sales tax, if any, assessed by your state for that transaction; (This is up to you to report, it will not be charged through us) otherwise either California sales tax will be assessed on the sale during checkout. Title to all product intended for shipment to federal property and Indian reservations passes to the customer when the goods are picked up by the common carrier and California sales tax will be collected on all such purchases. When your order is approved by your credit card company, you own the goods. If you choose shipping as a delivery method, you are asking us to engage a common carrier to deliver your order to you. We make no representations about the legality of shipping alcoholic beverages. Our site lists those states where common carriers will deliver alcohol. You are responsible for compliance with all laws regarding such shipments. You may also make your own shipping arrangements.
If you are a tax-exempt organization you must present your tax-exempt certificate to us before you purchase the goods. You can email us your certificate at email@example.com. Please note, we are not able to refund sales tax after the purchase has been made.
By arranging for transportation of the alcoholic beverages, thebrobasket.com is providing a service to, and acting on behalf of you. By utilizing this service from thebrobasket.com you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. You further represent that you have obtained any required permission, paid any required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take quantities ordered and that you and the person accepting delivery of the alcoholic beverage products are at least 21 years of age.
There are three ways to get your product from TheBroBasket
- You can pick up your products at our stores.
- You can request personal delivery in the “personal deliver” areas noted on our website. To ensure timely delivery of your gift, the recipient’s name, physical street address, suite # and/or apartment # of the recipient’s home or workplace is required; a post office box number is not acceptable. In addition, you must provide us with your contact phone number and the phone number of someone at the intended place of personal delivery. Personally delivered items WILL NOT be left without an acceptance signature. In such case that nobody is available to accept personal delivery, we will attempt to contact you and/or the provided delivery contact. We will make a second delivery attempt when recipient confirmation is established. In the event of two unsuccessful personal delivery attempts, we will return the item to our facility. Such items can be picked up at the facility closets to delivery location or additional delivery arrangements may be arranged. Additional delivery charges may apply. Hotel delivery must include the registered guest’s name, along with check-in and check-out date.
- You can ship your products to yourself or another recipient via common carrier. Any recipient of alcoholic beverages must provide proof of age (over 21 years of age).
All orders are shipped out Monday through Friday (no shipping on Holiday’s). All standard orders placed before 2:00 pm (Pacific Standard Time) Monday through Friday will be shipped within 24 to 48 hours, but can take up to 5 business days.
Ground or 2nd Day Air: We reserve the right to hold shipments if we believe weather conditions (extreme heat or freezing cold) may impact the quality of our product. If you have particular requests, please note it in the comments or please contact us 844-4GO2GIFT.
In the event that we are out of a product(s), we will make an attempt to contact you to resolve the issue. If we are unsuccessful in contacting you, we have the right to refund part of an order, or the entire order. In cases when extreme weather or unforseen acts of nature disrupt transportation, we cannot guarentee delivery timeframes. We assure you though that we will do everything possible to get your gift delivered on time.
When picking up your product at our stores, you must positively identify yourself as the person who placed the order on the Web Site. This also includes providing legal proof that you are over 21 year of age (California, or other acceptable state’s Drivers License or Passport). We also require that you bring the credit card used to purchase goods on the site. This is an added security measure to reduce credit card fraud for your protection and to help us keep our prices low. Personal delivery of any item containing alcohol can only be accepted by a person over 21 years of age. Legal proof of over 21 year of age (California, or other acceptable state’s Drivers License or Passport) is required for acceptance of any products containing alcohol.
BroBaskets won’t leave our facility until receiving the triple thumbs up from our dedicated team of BroBasket Builders!
Damage – If your BroBasket gets damaged on its way to you, you must notify us within 48 hours of receipt. (844) 446-2443 #2. We want you and the recipient to be stoked so we will do everything we can to make it right. Any product you decide to return must be complete, in the same condition you received it and in the original packaging.
Unsuccessful Delivery – We may make a maximum of three delivery attempts. You will be responsible for valid delivery addresses and all shipping/delivery costs on returned or redirected items.
If you receive a refund, the original shipping/delivery costs and or return shipping/delivery costs may be deducted from your refund.
We always incur Delivery/Shipping costs * In the event that you’ve been lucky enough to utilize one of our rare Free Shipping Coupons, all costs listed in this Unsuccessful Delivery section may apply to your return as well *
Personalized and Engraved Items – Please double check your engraving or personalization text before submitting your order, it will be printed exactly as you submit it. Any fields left blank will not be personalized. If a personalized item is returned to us, we regret we will not be able to refund that portion of your order. We will attempt to contact you to resend it; if we receive no reply within 14 days the merchandise will be donated to charity, and no refund will be issued.
Due to merchant processing fees, there may be an instance when a 3% refund transaction fee is deducted from your total refund. This fee may be deducted from your overall refund due to instances when there is an unsuccessful delivery, accidental purchase, or customer change of heart.
Use of Site Content
The Company maintains this Web Site and its contents for your personal information, entertainment and education. Please feel free to browse the web site. You may view and download material displayed on the Web Site for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials. You may not distribute, retransmit, republish, reuse, repost, or use the contents of this web site for public or commercial purposes, without the Company’s prior written permission. You may not alter or interfere with the content or functioning of the Web Site, or “mirror” any content contained on this Web Site on any other server. The materials on this Web Site are copyrighted and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you breach any of the terms of conditions of use, your right to use this Web Site will terminate automatically.
Disclaimers of Warranties
The material contained in this Web Site has been checked for accuracy; however, there may be inadvertent technical or factual inaccuracies and typographical errors. The Company expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained on this Web Site. Information published on this Web Site may refer to products, programs or services that are not available in your state or country. Without limiting the foregoing, the web site is provided “AS IS” and without warranty of any kind, either express of implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
Neither the Company nor any third party involved in creating or delivering the Web Site will be liable under any theory (including negligence) for any incidental, consequential, indirect, special, or punitive damages arising out of your access to or use of the Web Site, even if the Company has been advised of the possibility of such damages.
The Company may change information contained on the Web Site at any time. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS WEB SITE. If you are dissatisfied with the Web Site or any content on the site, your remedy is to discontinue using this site.
Copyrights, Trademarks and other Proprietary Right
The contents of this Web Site, such as trademarks, designs, text, logos, and icons, or other intellectual property are proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Web Site in any way for any public or commercial purposes, without the Company’s written permission. You are authorized to use this material only for personal, non-commercial purposes. You may print or download information on our site for your own personal, non-commercial use.
By submitting an artwork, logo or photograph for use in a custom product to Company you certify that you have the right to use the artwork, logo or photographs in your files. You agree not to supply Company any items consisting of the following: material that could give rise to any civil or criminal liability; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.
As a convenience to you, our Web Site may display links to other sites which are not maintained by the Company. The Company is not responsible or liable for the content or operation of third-party sites, and the presence of such links does not imply that the Company is affiliated with such sites or third parties. We try to include only links to those sites which are in good taste and safe for our visitors.
STATES WHERE WE Deliver NON-ALCOHOL RELATED PRODUCTS
All 50 U.S. states
STATES WHERE WE MAY Deliver WINE AND BEER
Colorado – Connecticut – Florida – Georgia – Idaho – Indiana – Iowa – Kansas – Louisiana – Maine – Minnesota – – Missouri – Nebraska – New Jersey – New Mexico – New York – North Carolina – Ohio – Oregon – South Carolina – Vermont – Virginia – Washington – Washington D.C. – West Virginia – Wisconsin – Wyoming
STATES WHERE WE MAY Deliver LIQUOR
California – Arizona – Colorado – Florida – Idaho – Kansas – Louisiana – Missouri – Nebraska – Nevada – New Jersey – New York – Washington D.C. – Wisconsin
In accordance with regulations for FL, we cannot deliver wine to restricted Zip codes.
RESTRICTED ZIP CODES FOR FLORIDA
32008 32059 32060 32064 32066 32321 32331 32340 32425 32427 32428 32437 32462