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Terms &
Conditions

ORDER PICKUP INFORMATION

We now offer order pickup directly from the Forty Creek Distillery in Grimsby. Orders placed before noon Monday-Friday will be available for same-day pickup. There may be times, due to unforeseen circumstances, when your pickup may not be ready the same day.
IMPORTANT: Once an order is placed, you will receive an additional email indicating your order is ready for pickup. Your order is not ready until this email has been sent. Please bring your ID and your confirmation email (paper copy or on your mobile device) to pickup your order.

Forty Creek Distillery
297 S Service Rd
Grimsby, ON
L3M 1Y6

Pickup Hours (after receiving confirmation email)

Monday - Saturday: 10am - 5pm
Sunday: 11am - 5pm

IMPORTANT SHIPPING INFORMATION – ONTARIO SHIPPING ONLY

Due to applicable liquor laws, we are only able to ship products from our distillery to addresses within Ontario. Unfortunately due to shipping logistics, we are unable to fulfil deliveries in Ontario to postal codes beginning with P0L and P0V. Deliveries can only be made to the residence of the recipient, or the recipient’s place of business, if such place is an indoor place to which the public is not ordinarily invited or permitted access. Deliveries cannot be made to an outdoor place, or any indoor place that is open to the public.

Important: Alcohol deliveries in Ontario require the recipient to prove they are over the legal drinking age. A valid government-issued photo ID will need to be shown at the time of delivery.

Please note that shipping will take 2-5 business days, and Swiftpost has advised that delays of 1-2 days are possible due to the COVID-19 pandemic. We are working with our shipping partners to navigate this situation, and thank you for your understanding.  Orders placed after 10am EST Friday will not be shipped until the following Monday.

TERMS AND CONDITIONS

The website displayed at [https://fortycreekwhisky.com] ("Site") is operated by Forty Creek Distillery Ltd. d/b/a Campari Canada ("Campari Canada").  Your use of and access to this Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy.  We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect.  It is your responsibility to review these Terms of Use periodically for updates.

AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Permitted Users of this Site

This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol.  If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue.  If you are not, please exit this Site immediately.

Rights to Content and Intellectual Property

The copyrights to all materials, content, and layout of this Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to Campari Canada, its parents, affiliates, subsidiaries, or third-party licensors.  You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Campari Canada's express prior written consent.

Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on this Site is owned or licensed by Campari Canada or its parents, affiliates, or subsidiaries and may not be used by you without the prior written consent of Campari Canada or the appropriate owner.  Your use of this Site does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site.

Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Use of this Site 

Campari Canada maintains this site for your personal entertainment and information and education.  You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media and shared with individuals under the legal age to purchase and consume alcohol.  All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws world-wide.  All commercial use of all or part of this Site is prohibited except with Campari Canada's express prior written consent.  All rights not expressly granted here are reserved to Campari Canada.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site.  Tools that use the Site shall be considered agents of the individual(s) who control or author them.

No Warranties

CAMPARI CANADA DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, OR ACCURACY. 

Campari Canada also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video, or audio from the Site or any linked sites.

Limitation of Liability 

In no event shall Campari Canada, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.  You acknowledge by your use of the Site, that your use of the Site is at your sole risk.  Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Indemnification

You agree to defend, indemnify, and hold Campari Canada harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site.

Communications with this Site

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law.  Campari Canada will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.  Campari Canada cannot prevent the "harvesting" of information from this Site, and you may be contacted by Campari Canada or unrelated third parties, by e-mail or otherwise, within, or outside of this Site.  Anything you transmit may be edited by or on behalf of Campari Canada, may or may not be posted to this Site at the sole discretion of Campari Canada and may be used by Campari Canada or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting.  Furthermore, Campari Canada is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.  If you transmit any ideas, concepts, materials, or other communications to this Site, you accept that it will not be treated as confidential and may be used by Campari Canada without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

Although Campari Canada may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Campari Canada is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.  Campari Canada assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Notice and Procedure for Making Claims of Copyright Infringement 

It is our policy to promptly respond to claims of copyright infringement.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a Notice with the following information to [email protected].

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, it's agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Termination 

At its sole discretion, Campari Canada may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you, and without liability to you or any third party.

User Name and Password 

You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password (if applicable).  You shall be responsible for all uses of your membership, whether or not authorized by you.  You agree to immediately notify Campari Canada of any unauthorized use of your user name or password or any other breach of security.

Unaffiliated Products and Sites

Descriptions of, or references to, products, publications or sites not owned by Campari Canada or its affiliates do not imply endorsement of that product, publication or site.  Campari Canada has not reviewed all material linked to the Site and is not responsible for the content of any such material.  Your linking to any other sites is at your own risk.

Linking Policy

This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Campari Canada.  Each linked to website has its own terms and conditions of use, as described in that site's legal notice/terms of use.  Those terms and conditions may be different than these Terms of Use, and we urge you to read each website's legal notice/terms of use carefully before you use that site.  Campari Canada does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites.  Campari Canada does not endorse the content, or any products or services available, on such sites.  If you link to such sites you do so at your own risk.

AGE

You must be legal drinking age or older to purchase alcohol. By submitting an order for spirits, you represent that you are legal drinking age or older and you are not purchasing alcohol for anyone who is under the legal drinking age. When you or your designated alternate person picks up or signs for the alcohol ordered you will be required to present proof that you are legal drinking age or older. Acceptable proof of identification includes a valid driver’s licence, passport, or Canadian citizenship card. 

Governing Law; Void Where Prohibited 

This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of Ontario, Canada, without regard to principles of conflict of laws.  Notwithstanding the foregoing, this Site may be viewed in other Canadian provinces or internationally and may contain references to products or services not available in all provinces or countries.  References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that Campari Canada intends to make such products or services available in such countries.  Any offer for any product, feature, service or Application made on this Site is void where prohibited.  Your information may be transferred to Campari Canada, located in Ontario, Canada, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer.  Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

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