Terms & Conditions
Last updated October 4, 2021The following terms and conditions (“Terms”) constitute a binding agreement between you and Tozai Sake, its affiliates, and its and their parent and subsidiary companies (collectively, “Tozai” “we,” or “us”) with respect to your use of this website and any other Tozai owned websites, micro-sites, and social media pages and accounts (collectively, “Tozai Sites”), all Tozai-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Tozai Sites and the Applications, the “Services”), including any Content (as defined below). If you do not agree to these Terms, please do not use or access the Tozai Sites, Applications or Services for any purpose. Additional policies, terms, and conditions applicable to certain Tozai Services, specific areas of certain Tozai Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Tozai Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Tozai Sites or Applications will be controlling with respect to those particular areas. Tozai reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Tozai Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Tozai Sites, Applications or any other website in regards to Tozai, or while contacting any of our Member Services team, will not be tolerated.
The Sale of Alcoholic Beverages
By using this site you swear and affirm that you are over the age of 21. DrinkTozai.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. You must be 21 years of age or older to purchase from Tozai Sites. The purchase of alcohol by persons under the age of 21 is strictly prohibited by law. By placing an order on Tozai Sites, you are expressly warranting that you are at least 21 years of age, and that the person who will receive the order is also at least 21 years of age. A valid government-issued ID will be required upon delivery. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 DrinkTozai.com will prosecute you fully to the extent allowable by law.
Any items containing alcohol purchased from Tozai Sites will be delivered with an "Adult Signature Required" designation, and the third party carrier that delivers the items must verify identification upon delivery. Please note you, or someone at least 21 years or older, must be present at the time of delivery. Please consider arranging for delivery to a business location to avoid undue delay. Tozai repackages products in order to facilitate shipping. As a result, products original packaging may not be included in your Tozai order.
Returns and Cancellations:
Defective merchandise can be exchanged within 30 days of receipt of order. Any return will be done at the expense of the customer. Orders refused, canceled, or otherwise requested as a return after the order is sent to a third party carrier for delivery will incur a restocking fee of $20 USD. Fees assessed for payment to the third party carrier are non-refundable.
Your use of the Tozai Sites, Applications and Services is subject to our Privacy Notice located at drinkTozai.com/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Tozai.
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
Title of Ownership:
For all items purchased from Tozai Sites, title is passed to the purchaser in the state of California. By placing an order with Tozai Sites, you expressly agree to assume title to the merchandise in the state of California, immediately upon tendering full payment. All items must be paid for in full prior to arrangements for delivery. Tozai’s performance obligation under the purchase agreement for the sale of sake is complete upon tender of the merchandise to a third party carrier for transportation and delivery.
Title & Shipping Regulations for Tozai Cans and Kegs
The purchaser assumes all responsibility for shipping the sake from California to their home state. By placing an order, buyer authorizes seller to act on buyer’s behalf to arrange for transportation of the buyer’s sake at the buyer’s direction. By arranging for transportation of the sake, Tozai is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Tozai, the purchaser is representing that purchaser is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation and delivery of sake. The purchaser represents that purchaser has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of sake and is legally entitled to take quantities ordered and once again authorizes that purchaser is 21 years of age. Seller makes no representation as to the legal rights of anyone to ship or import any sakes, alcoholic beverages or other goods into any state. The purchaser is solely responsible for the shipment of sake and other goods purchased and for determining the legality and the tax/duty consequences of having the sake and other goods shipped to the applicable destination. Alternatively, purchaser may choose to pick up the sake at seller’s location or make shipping arrangements independent of Tozai if they choose.
Tozai provides transportation coordination as a complimentary service and does not profit from any delivery arrangements we make for you. Tozai makes no warranties or guarantees regarding the transportation or delivery by the third-party common carrier.
If one or more items are not available for shipment, we will notify you to offer substitutions or make other arrangements.
We are unable to ship to P.O. mailboxes or to the following states: Alaska, Arkansas, Hawaii, Kentucky, Michigan, Mississippi, and Utah. Void where prohibited, only available in the continental US. Tozai cannot ship outside the continental US, to US territories, or to Armed Forces outside the continental US.
Tozai suggests that you refrain from requesting shipment during extremely hot or cold weather. Tozai does not guarantee that third party carriers have temperature-controlled warehouses. During hot months, Tozai will make Express Shipping options available for faster transit. If you request shipping during extreme weather conditions, we encourage you to place your order at the beginning of the week, using Express Shipping service when available, to avoid weekend layovers in a carrier's warehouse. Tozai reserves the right to delay releasing your merchandise to the third party carrier for shipment in order to ensure that the product you receive is of the highest quality possible.
Estimated Shipping Times:
Estimated shipping times do not include weekends or holidays. Most orders leave our store within 1-4 business days. Tozai does not guarantee any estimated shipping time. For more precise information, please contact the third party carrier who is contracted to deliver your merchandise. Processing time is not included in these delivery times.
All orders are sent via standard ground shipping unless otherwise noted. If special delivery dates or immediate shipment is required, please contact us. Most orders are delivered within 5-10 business days of purchase, depending on the destination.
The Tozai Sites may contain links to other web sites or resources. These links are provided for your convenience only. You acknowledge and agree that Tozai is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, products or services on or available from such web sites or resources. Tozai has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites and the inclusion of any link on the Tozai Sites does not imply that Tozai endorses the linked site. If you decide to access a third-party website linked from the Tozai Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
Promo and Coupon Code Terms
Tozai promotions cannot be combined with other offers, including shipping discounts and may not apply to all bottles. Tozai promotions cannot be applied retroactively. Promotional shipping cannot be used in AL, AK, HI, MS, or UT and only applies to Ground shipping.
Promo and Vouchers from Third-Party Sites
Occasionally coupons and promos we run are shared on third-party coupon and user submitted deals sites. Many of these coupon codes become expired and are not updated to reflect that on these third-party websites. We do not have any control over the posting of coupons and the content of any of these websites, as such we cannot honor coupon codes or promotions that have become expired.
Risk of Loss
All items purchased from Tozai are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. With respect to Gift Cards, the risk of loss and title pass to the purchaser upon electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. If your Gift Card is lost or stolen and you have proof of purchase, Tozai (in its sole discretion) may issue a replacement for the balance shown in its records. Tozai is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Disclaimer of Warranties
THE Tozai SITES, APPLICATIONS AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE Tozai SITES, APPLICATIONS AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND Tozai HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER Tozai NOR ANY PERSON ASSOCIATED WITH Tozai MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Tozai SITES AND APPLICATIONS OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER TozaiNOR ANYONE ASSOCIATED WITH Tozai REPRESENTS OR WARRANTS THAT THE SITES, APPLICATIONS, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Tozai SITES AND APPLICATIONS OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
IN NO EVENT WILL Tozai, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, APPLICATIONS AND SERVICES OR TO REDEEM A GIFT CARD, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE Tozai SITES, APPLICATIONS, SERVICES OR THEIR CONTENT IS AT YOUR SOLE RISK. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND Tozai’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
All content included on or made available through any Tozai Sites, Applications and Services, such as text, graphics, logos, button icons, images, videos, audio clips, digital downloads, and data compilations is the property of Tozai or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Tozai Sites, Applications and Services is the exclusive property of Tozai and protected by U.S. and international copyright laws.
You agree to defend, indemnify and hold harmless Tozai and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Tozai Sites, Applications or Services.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND Tozai MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and Tozai agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Tozai Terms, your use of Tozai Sites, Applications or Services, or to any products sold or distributed by Tozai or through Tozai Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Tozai may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Tozai subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Tozai members, but is bound by rulings in prior arbitrations involving the same Tozai member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and Tozai agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Tozai agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Tozai members.
If for any reason a claim proceeds in court rather than in arbitration both you and Tozai each waive any right to a jury trial. You and Tozai also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Tozai Sites, Applications or Services, or any products sold or distributed by Tozai or through Tozais Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Unless you and Tozai agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Tozai Sites, Applications or Services, or any products sold or distributed by Tozai or through Tozai Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Los Angeles, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of these Terms by Tozai shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Tozai to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
United States Only
Unless otherwise specified, the Tozai Services are presented solely for the purpose of promoting products and services available in the United States. Tozai makes no representation that the Tozai Services are appropriate or available for use in other locations. If you access Tozai Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Tozai with respect to the Tozai Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
Tozai reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the program or product ran by Tozai, at any time. If Tozai makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at drinkTozai.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes. Should you wish to terminate your membership due to a modification to the Terms, please contact Member Services at team@drinkTozai.com. If you choose to continue using the Tozai Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.