Price :
QTY :
CART TOTALS :
There are items
in your cart
CART TOTALS :
With this products also buy:
Your shopping bag is empty
Go to the shopTerms Of Service
Terms Of Service
Welcome to SwigLab!
These Terms of Service (“Terms”) govern your access to and use of the SwigLab marketplace, including our website (https://www.swiglab.com/). By using SwigLab, you agree to these Terms, which form a legally binding agreement between you and SwigLab (“Company”, “we”, “us”, or “our”).
OUR COMPANY DETAILS:
Entity Type: Limited Liability Company
Registered Office: Los Altos, CA 94024
Contact Details: mpunjabi@gmail.com
SwigLab is an online marketplace that brings together buyers and third-party Sellers to offer a curated selection of wine, spirits, and beverages. Our platform makes it easy for buyers to discover and purchase their favorite drinks from Sellers who handle fulfillment and shipping directly. (“Services”)
These Terms apply to all Buyers. If you are a Seller, please refer to our Seller Terms posted on the website.
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDES IMPORTANT PROVISIONS THAT MAY AFFECT YOUR RIGHTS, INCLUDING DISCLAIMERS IN SECTION 19, LIMITATIONS OF LIABILITY IN SECTION 20, INDEMNIFICATION OBLIGATIONS IN SECTION 21, AND A DISPUTE RESOLUTION CLAUSE IN SECTION 22 THAT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WITH WAIVERS OF CLASS ACTIONS AND JURY TRIALS. BY USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND TO THE MANDATORY ARBITRATION REQUIREMENTS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR PLATFORM.
Please take the time to read these Terms carefully. If you have any questions about these Terms, you can contact us at mpunjabi@gmail.com. If you do not accept these Terms in its entirety, then you may not use the website, or any of our services.
- ACCEPTANCE OF THE TERMS OF SERVICE
By registering an account, making a purchase, or by using our website, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.
ii. You meet all of the eligibility conditions specified in Section 3 below.
iii. We must not have previously disabled your account for violation of law or any of our policies.
iv. You have read, understood, and consented to our Privacy Policy.
- DEFINITIONS
For the purposes of these Terms of Service, the following terms shall have the meanings set forth below:
a) “Account": Refers to the registered profile created by a Buyer on the SwigLab platform to browse, purchase products, and manage their personal details and order history.
b) "Buyer": Refers to any individual who registers or uses the SwigLab platform to purchase products listed by Sellers.
c) "Company": Refers to MP Labs LLC, the owner and operator of the SwigLab platform, located in Los Altos, CA.
d) "Delivery": Refers to the shipment of products purchased through the SwigLab platform to the Buyer’s designated address.
e) "Order": Refers to a request placed by a Buyer through the SwigLab platform to purchase products from Sellers.
f) "Platform": Refers to the SwigLab website, accessible at swiglab.com, where Buyers can browse and purchase products.
g) "Privacy Policy": Refers to the document that outlines how the Company collects, uses, and protects the Buyer’s personal data.
h) "Product(s)": Refers to wine, spirits, and other beverages listed for sale on the SwigLab platform by Sellers.
i) "Return": Refers to the process by which a Buyer requests to return a product due to damage, spoilage, or other eligible conditions, subject to the Return Policy specified in Section 13.
j) "Services": Refers to the features and functionalities provided by SwigLab, including browsing, purchasing, and account management.
k) "Shipment Policy": Refers to the guidelines that outline the delivery process, estimated timelines, and compliance requirements for receiving products, as specified in Section 12.
l) "SwigLab": Refers to the online marketplace owned and operated by MP Labs LLC, offering wine, spirits, and beverages for purchase.
m) "Terms": Refers to these Terms of Service that govern the use of the SwigLab platform by Buyers.
n) "Third-Party Services": Refers to external service providers, including payment processors and delivery partners, that support SwigLab’s operations.
o) "Seller": Refers to an independent seller who lists and sells products on the SwigLab platform, responsible for order fulfillment and compliance with applicable laws.
p) Website: Refers to https://www.swiglab.com/.
- ELIGIBILITY
a) Legal Age Requirement: You must be at least 21 years of age to use the SwigLab platform and to purchase alcoholic beverages. By accessing or using the platform, you confirm that you meet this legal age requirement.
b) Geographical Restrictions: Our services are available only in states where the sale and delivery of alcoholic beverages are legally permitted. It is your responsibility to ensure that you are accessing the platform from a location where our services are allowed under applicable law.
c) Compliance with Laws: You must comply with all applicable local, state, and federal laws and regulations regarding the purchase, possession, and consumption of alcoholic beverages. SwigLab reserves the right to deny access to the platform if we determine that your use of our services violates any applicable law.
d) Identity Verification: SwigLab may request additional identity verification, including but not limited to government-issued identification, to confirm your eligibility to use the platform and to comply with applicable legal requirements.
- ACCOUNT CREATION
a) Registration Process: To access and use certain features of the SwigLab platform, you must create an account by providing accurate, complete, and up-to-date information, including your full name, email address, shipping address, and payment details. By registering, you agree to provide truthful information and to keep it updated to ensure its accuracy at all times. Failure to do so may result in the suspension or termination of your account. SwigLab reserves the right to reject or cancel an account registration at our sole discretion if we suspect any false, incomplete, or fraudulent information has been provided.
b) Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your login details with anyone and to take appropriate measures to prevent unauthorized access to your account. If you suspect any unauthorized use or security breach, you must notify SwigLab immediately at mpunjabi@gmail.com. SwigLab will not be liable for any losses or damages resulting from unauthorized access to your account due to your failure to secure your login credentials.
c) Account Suspension and Termination: SwigLab reserves the right to suspend or terminate your account at any time if we believe that you have violated these Terms, provided false or misleading information, engaged in fraudulent activity, or used the platform in a manner that may harm SwigLab or its users. If your account is terminated, you will no longer be able to access our services, and any pending orders may be cancelled at our discretion. You may also be restricted from creating a new account in the future.
d) Updating Account Information: It is your responsibility to ensure that all information associated with your account remains current and accurate. You can update your details at any time by accessing your account settings on the SwigLab platform. SwigLab shall not be responsible for any issues, including delivery failures, arising from outdated or incorrect information in your account.
- ALLOWED USES OF THE PLATFORM
a) Personal Use Only: The SwigLab platform is intended solely for personal, non-commercial use by Buyers. You may use the platform to browse, purchase, and receive products for personal consumption or as a gift for individuals who meet the legal age requirements. Any unauthorized commercial use of the platform, including reselling or redistribution of products, is strictly prohibited.
b) Compliance with Platform Policies: You agree to use the platform in accordance with these Terms and all posted policies, including the Privacy Policy and other guidelines available on our website. Your use of the platform must not violate any applicable laws, rules, or regulations.
c) Accuracy of Information: When using the platform, you must provide accurate and truthful information at all times. This includes but is not limited to the details provided during account registration and order placement. Providing false or misleading information may result in suspension or termination of your account.
d) Respectful and Lawful Use: You agree to use the platform in a respectful and lawful manner. Any form of abuse, harassment, or disruption of the services offered by SwigLab is strictly prohibited. This includes but is not limited to submitting offensive content, engaging in fraudulent activities, or attempting to interfere with the operation of the platform.
e) Prohibited Actions: You must not use the platform to:
· Violate any applicable laws or regulations.
· Circumvent or attempt to bypass any security measures implemented by SwigLab.
· Access or attempt to access accounts, data, or systems without authorization.
· Transmit any harmful code, malware, or engage in activities that could disrupt the platform’s functionality.
- PLACING ORDERS
a) Order Process: To place an order on the SwigLab platform, you must log into your registered account and select the desired products from available listings. Once you have added products to your cart, you will proceed to checkout, where you must provide accurate billing, shipping, and payment information. By placing an order, you confirm that all provided information is correct and that you are legally permitted to purchase alcoholic beverages.
b) Order Confirmation: After placing an order, you will receive an order confirmation email with details of your purchase, including the products ordered, total cost, and estimated delivery time. This confirmation is an acknowledgment that we have received your order but does not constitute acceptance. Orders are subject to availability and compliance with applicable laws. SwigLab reserves the right to cancel or modify orders if required.
c) Payment Authorization: By placing an order, you authorize SwigLab to charge the provided payment method for the total order amount, including applicable taxes, fees, and shipping costs. Orders will not be processed until payment is successfully authorized and verified. If the payment is declined or fails, your order will not be processed, and you will be notified accordingly.
d) Order Acceptance and Fulfillment: All orders placed through the platform are subject to acceptance by SwigLab and the Vendors. We reserve the right to accept, reject, or cancel any order at our sole discretion, including but not limited to cases of product unavailability, pricing errors, legal restrictions, or suspicious activity. Once an order is accepted, it will be processed for shipment according to our Shipment Policy.
e) Changes and Cancellations: Once an order is placed, it cannot be modified or cancelled by the Buyer. If you need to request changes, you may contact our support team at mpunjabi@gmail.com, and we will attempt to accommodate your request if the order has not yet been processed. SwigLab reserves the right to cancel orders at any stage due to unforeseen circumstances, in which case you will be notified and refunded.
f) Availability and Substitutions: Product availability on the platform is subject to change. In the event that a selected product becomes unavailable after an order is placed, SwigLab or the Vendor may offer a suitable substitution or provide a full refund for the unavailable item.
g) Age Verification at Checkout: As part of our compliance efforts, Buyers must confirm that they are of legal drinking age when placing an order. SwigLab reserves the right to request additional age verification documentation before processing an order. Failure to provide the required documentation may result in order cancellation.
- RESPONSIBILITIES OF BUYERS
a) Providing Accurate Information: You must provide truthful and complete information when creating your account and placing orders. This includes your name, address, and payment details. If any information changes, it is your responsibility to update it to avoid order or delivery issues.
b) Compliance with Legal Requirements: You must follow all local, state, and federal laws related to purchasing and consuming alcoholic beverages. This includes ensuring that you are of legal drinking age and complying with any restrictions in your area.
c) Age Verification: You must provide a valid government-issued ID at the time of delivery to confirm that you are 21 years of age or older. If you fail to do so, your order may be cancelled, and you may not be eligible for a refund.
d) Personal Use Only: Products purchased on SwigLab are for your personal use or as a gift for someone of legal drinking age. You are not allowed to resell or distribute the products for commercial purposes.
e) Responsible Consumption: You should consume alcoholic beverages responsibly and be aware of the health and safety risks involved. SwigLab is not responsible for any consequences that arise from the misuse of products purchased through the platform.
f) Respectful Communication: You must interact respectfully with SwigLab customer support and Vendors. Any abusive, threatening, or inappropriate behaviour towards our team or partners will not be tolerated and may lead to account suspension.
g) Payment Obligations: You must ensure that your payment method is valid and has sufficient funds to cover the cost of your orders, including any applicable taxes and fees. Failure to make payment may result in order cancellation and restrictions on future purchases.
h) Receiving Orders: You must be available to receive your order at the provided address and ensure that someone of legal drinking age is present to accept the delivery. If delivery fails due to your absence or incorrect details, additional charges may apply.
- PROHIBITED ACTIVITIES / RESTRICTIONS
a) Providing False Information: You must not provide false, inaccurate, or misleading information when creating an account, placing orders, or interacting with SwigLab. This includes using fake identities, fraudulent payment methods, or providing incorrect delivery addresses.
b) Underage Purchase: You are strictly prohibited from using the platform to purchase alcoholic beverages if you are under the legal drinking age of 21. Attempting to bypass age verification or providing false identification is not allowed and may result in legal action.
c) Resale and Distribution: Products purchased on SwigLab are for personal use only. Reselling, redistributing, or using the platform for commercial purposes without our prior written consent is strictly prohibited.
d) Violating Laws and Regulations: You must not use the platform to engage in any activity that violates local, state, or federal laws, including those related to the sale, delivery, and consumption of alcoholic beverages.
e) Abusing the Platform: Any attempt to manipulate, exploit, or interfere with the proper functioning of the platform is prohibited. This includes hacking, introducing malware, attempting unauthorized access, or disrupting our services in any way.
f) Circumventing Security Measures: You are not allowed to bypass or attempt to bypass any security features or verification processes implemented by SwigLab, including age verification measures and fraud detection systems.
g) Fraudulent Activities: Engaging in fraudulent activities such as unauthorized use of payment methods, placing false orders, or engaging in chargeback fraud is strictly forbidden and may result in legal consequences.
h) Harassment or Abuse: You must not engage in abusive, offensive, or threatening behavior when interacting with SwigLab representatives, Vendors, or other users. Any form of harassment, discrimination, or inappropriate conduct will not be tolerated.
i) Improper Use of Products: You must not purchase alcoholic beverages from SwigLab for unlawful consumption or distribution, including supplying to minors, consuming in restricted areas, or engaging in other prohibited activities.
j) Multiple or Duplicate Accounts: Creating multiple accounts to circumvent platform rules, policies, or restrictions, or to take advantage of promotions, is not permitted.
k) Unauthorized Access to Accounts: You are not allowed to access or attempt to access another user's account without authorization. Any such activity will be considered a breach of security and may result in account suspension.
- REPRESENTATION AND WARRANTIES BY THE BUYERS
a) Legal Eligibility: By using the SwigLab platform, you represent and warrant that you are at least 21 years of age and legally permitted to purchase and consume alcoholic beverages in your jurisdiction. You further confirm that you are accessing the platform from a location where the sale and delivery of alcoholic beverages are legally allowed.
b) Accurate Information: You represent and warrant that all information provided to SwigLab, including personal details, shipping addresses, and payment information, is true, accurate, current, and complete. You agree to promptly update any changes to your information to ensure its continued accuracy.
c) Compliance with Laws: You represent and warrant that your use of the platform, including purchasing, possessing, and consuming alcoholic beverages, complies with all applicable local, state, and federal laws and regulations. You agree to take full responsibility for understanding and adhering to such laws in your jurisdiction.
d) Acceptance of Risks: You acknowledge and accept that the purchase and consumption of alcoholic beverages carry inherent risks, and you assume full responsibility for your actions related to the use of the products purchased through SwigLab.
a) Ownership of Content: All content available on the SwigLab platform, including but not limited to text, graphics, logos, images, product descriptions, audio, video, software, and other materials (collectively, "Content"), is owned or licensed by SwigLab and is protected under applicable intellectual property laws, including copyright, trademark, and trade secret laws. SwigLab retains all rights, title, and interest in the Content, and your use of the platform does not grant you any ownership rights. Any unauthorized use, reproduction, modification, distribution, or display of the Content is strictly prohibited without our prior written consent.
b) Use of Platform Materials: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the SwigLab platform and its Content for personal, non-commercial use only. You agree not to modify, copy, reproduce, sell, lease, or create derivative works based on the Content, nor use it for any commercial purpose without prior written permission from SwigLab. Violation of these terms may result in termination of your access to the platform and potential legal action.
c) Trademarks and Branding: The SwigLab name, logo, and all related branding elements, including product and service names, design marks, and slogans, are trademarks or registered trademarks of SwigLab. You agree not to use, copy, or imitate any SwigLab trademarks or branding without our express written permission. Unauthorized use of our trademarks may result in legal action. All other trademarks appearing on the platform that are not owned by SwigLab are the property of their respective owners and are used with permission.
d) User-Generated Content: If you submit, post, or share any content on the platform, including reviews, comments, feedback, or suggestions ("User Content"), you grant SwigLab a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and fully transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with our services. You represent and warrant that you have the necessary rights to grant this license and that your User Content does not infringe any third-party intellectual property rights. SwigLab reserves the right to monitor, remove, or modify User Content at its sole discretion.
- PAYMENTS
a) Payment Methods: SwigLab accepts various payment methods, including credit cards, debit cards, and other payment options as made available on the platform from time to time. By providing payment details, you represent and warrant that you are the authorized holder of the payment method used and that the information provided is accurate, complete, and up to date. SwigLab reserves the right to refuse or cancel any payment that appears fraudulent or unauthorized.
b) Payment Authorization: When you place an order, you authorize SwigLab to charge the total amount, including product costs, applicable taxes, and shipping fees, to your selected payment method. If your payment is declined or cannot be processed for any reason, your order will not be confirmed, and you will be notified to provide an alternative payment method.
c) Order Processing and Charges: Payment is required in full at the time of order placement. Orders will not be processed or shipped until payment has been successfully received and verified. SwigLab is not responsible for any delays in processing due to issues with the payment provider or your financial institution.
d) Pricing and Taxes: All prices listed on the platform are in U.S. dollars and are subject to change without prior notice. Prices do not include applicable sales tax, excise tax, or other charges required by law, which will be calculated at checkout based on the shipping address provided. You are responsible for paying all applicable taxes associated with your purchase.
e) Recurring Payments: If you opt for a subscription or recurring payment service, you authorize SwigLab to charge your payment method at the designated intervals. You may manage or cancel recurring payments through your account settings, subject to any applicable terms of the subscription plan.
f) Chargebacks and Disputes: You agree to contact SwigLab first to resolve any payment disputes before initiating a chargeback request with your bank or credit card provider. Unjustified chargebacks may result in the suspension or termination of your account and may impact your ability to make future purchases on the platform.
a) Order Processing Time: Once your order is placed and payment is confirmed, Vendors will process and prepare your order for shipment. Processing times may vary depending on product availability and Vendor logistics. Buyers will receive an order confirmation email followed by a shipping confirmation once the order is dispatched.
b) Shipping Methods and Carriers: Vendors on the SwigLab platform use various shipping carriers to ensure timely and compliant deliveries. Available shipping options, such as standard or expedited delivery, will be displayed at checkout. The estimated delivery times are provided for guidance only and may be subject to delays due to factors beyond our control, such as carrier delays or weather conditions.
c) Delivery Address Accuracy: Buyers are responsible for providing accurate and complete shipping information at checkout. SwigLab and its Vendors are not responsible for orders shipped to incorrect or incomplete addresses provided by the Buyer. If an order is undeliverable due to an incorrect address, additional shipping fees may apply for re-delivery.
d) Age Verification Upon Delivery: In compliance with applicable laws, Buyers must provide a valid government-issued ID at the time of delivery to confirm they are at least 21 years of age. If the recipient fails to provide proper identification, the delivery will not be completed, and re-delivery fees may apply. Deliveries may only be received by the Buyer or an authorized person who meets the legal drinking age requirements.
e) Shipping Restrictions: Alcoholic beverages can only be shipped to states where the sale and delivery of such products are legally permitted. It is the Buyer’s responsibility to ensure they are in a state that allows the purchase and shipment of alcoholic beverages. Orders placed from restricted locations will be cancelled, and refunds will be issued, subject to applicable fees.
f) Shipping Fees: Shipping costs are calculated at checkout based on the delivery location, shipping method selected, and order size. Buyers are responsible for all applicable shipping charges, including additional fees for expedited shipping or special delivery requirements.
g) Order Tracking: Once your order has been shipped, you will receive a tracking number via email to monitor the progress of your shipment. SwigLab provides tracking updates based on the information received from the shipping carrier, and we are not responsible for any delays caused by the carrier.
h) Failed or Missed Deliveries: If delivery cannot be completed due to the absence of an eligible recipient, incorrect address details, or refusal to provide age verification, the order may be returned to the Vendor. In such cases, re-delivery may be attempted at the Buyer’s expense, or the order may be cancelled with applicable restocking fees.
i) Order Cancellation Due to Shipment Issues: SwigLab and its Vendors reserve the right to cancel orders that cannot be fulfilled due to shipping restrictions, unforeseen logistical issues, or other regulatory concerns. Buyers will be notified, and refunds will be processed in such cases.
j) Risk of Loss: Ownership and risk of loss for products purchased through SwigLab pass to the Buyer upon successful delivery. SwigLab and Vendors are not responsible for any loss, theft, or damage that occurs after delivery is completed.
- RETURN / EXCHANGE POLICY
a) Eligibility for Returns and Exchanges: Buyers may request a return or exchange only if the product received is spoiled, damaged, or otherwise unfit for consumption. To be eligible for a return or exchange, the product must be in its original packaging, unused, and accompanied by proof of purchase. SwigLab does not accept returns or exchanges for reasons such as a change of mind or preference.
b) Reporting Issues: If you receive a damaged or defective product, you must notify SwigLab within 24 hours of delivery by emailing mpunjabi@gmail.com. Your email must include the order number, a description of the issue, and clear photos of the damaged or defective item. Failure to report within this timeframe may result in the denial of your return or exchange request.
c) Vendor Responsibility: Returns and exchanges are handled directly by the Vendor. SwigLab acts as an intermediary to facilitate the process but is not responsible for the fulfillment of replacement products. Vendors are responsible for reviewing return requests and providing an appropriate resolution in accordance with applicable laws and their internal policies.
d) Return Process: If your return is approved, SwigLab will provide instructions on how to return the product to the Vendor.
e) Refunds: Once the returned product is received and inspected by the Vendor, a refund will be processed to your original payment method if applicable. Refund processing times may vary depending on your financial institution. Shipping fees and other non-refundable charges will not be reimbursed unless the return is due to an error by the Vendor.
f) Exchanges: If an exchange is approved, the Vendor will ship a replacement product of the same type and value. Exchanges are subject to product availability, and in cases where an identical product is unavailable, a refund may be offered instead.
g) Non-Returnable Items: Certain products may not be eligible for return or exchange, including:
· Products that have been opened, used, or partially consumed.
· Products purchased as part of promotional offers or clearance sales.
· Products that were delivered successfully but refused by the recipient without a valid reason.
h) Incorrect Orders: If you receive the wrong item, please report the issue within 24 hours of delivery. The Vendor will arrange for the correct item to be shipped or provide a refund, depending on availability.
- PRIVACY
In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.
- THIRD PARTY LINKS
The SwigLab platform may contain links to third-party websites, services, or resources that are provided for your convenience. These links do not imply our endorsement, sponsorship, or affiliation with such third parties. SwigLab does not control and is not responsible for the content, accuracy, privacy policies, or practices of any third-party websites. Your use of third-party links is at your own risk, and SwigLab encourages you to review the terms and privacy policies of any third-party websites you visit. SwigLab shall not be liable for any loss or damage arising from your interaction with third-party websites or services.
- DISCLAIMER
a) No Guarantee of Product Availability: SwigLab provides a platform for Buyers to purchase alcoholic beverages from third-party Vendors. We do not guarantee the availability of any specific product at any time. Product listings are provided by Vendors and may change without notice. SwigLab is not responsible for any inconvenience or loss resulting from the unavailability of products.
b) Third-Party Vendor Responsibility: SwigLab acts solely as an intermediary between Buyers and Vendors. We do not manufacture, store, or inspect the products sold through our platform. All products are supplied and fulfilled directly by Vendors, who are solely responsible for the quality, condition, legality, and compliance of the products with applicable laws. SwigLab disclaims any liability arising from product defects, mislabelling, spoilage, or non-compliance with regulatory requirements.
c) No Endorsement of Vendors: SwigLab does not endorse, certify, or guarantee the reliability, safety, or legality of any Vendor or their products. Buyers are encouraged to conduct their own due diligence before making a purchase. Any disputes related to product quality, delivery, or compliance should be resolved directly with the Vendor.
d) Compliance with Alcohol Laws: Buyers are solely responsible for ensuring compliance with all applicable local, state, and federal laws related to the purchase, possession, and consumption of alcoholic beverages. SwigLab makes no representations or warranties regarding the legality of purchasing alcohol in any particular jurisdiction. If a Buyer purchases products in violation of applicable law, they do so at their own risk.
e) Age Verification Disclaimer: SwigLab implements age verification measures to prevent underage purchases. However, we rely on the accuracy of the information provided by Buyers. We do not guarantee that our age verification processes will prevent all instances of unauthorized purchases by minors or prohibited individuals. Buyers must ensure that they meet all age requirements before placing an order.
f) No Health or Consumption Advice: SwigLab does not provide any advice or recommendations regarding the consumption of alcoholic beverages. Any health-related statements, descriptions, or recommendations provided on the platform are for informational purposes only and should not be interpreted as professional advice. Buyers should consult qualified professionals for health or consumption-related inquiries.
g) Limitation of Delivery Liability: SwigLab is not responsible for delays, failed deliveries, or damages that occur during the shipping process. Once the product has been handed over to the carrier by the Vendor, the risk of loss or damage transfers to the Buyer. Buyers are encouraged to track their orders and address delivery concerns directly with the carrier or Vendor.
h) Errors and Omissions: While we strive to provide accurate information, SwigLab does not warrant that the product descriptions, pricing, availability, or any other content on the platform is error-free. We reserve the right to correct any inaccuracies and cancel any affected orders without liability.
i) No Warranties: The platform and all related services are provided "as is" and "as available" without any warranties of any kind, express or implied. SwigLab disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
j) Changes to the Platform: SwigLab reserves the right to modify, suspend, or discontinue any aspect of the platform at any time without notice. We are not responsible for any inconvenience or loss resulting from such changes.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, MP Labs LLC, including its owners, directors, employees, affiliates, agents, and licensors, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use the platform, products purchased through the platform, or reliance on any information provided on the platform. This includes, but is not limited to, damages resulting from errors, omissions, interruptions, defects, delays in operation, transmission, or delivery failures; unauthorized access to or alteration of your data; reliance on any product descriptions or representations made by Sellers; and any loss of profits, business, goodwill, or data. SwigLab assumes no liability for any actions, errors, or omissions of third-party Sellers, shipping carriers, or payment processors. In no event shall SwigLab's total liability to you for any claim arising out of or relating to your use of the platform exceed the total amount paid by you for the specific product or service in question. Nothing in this section shall exclude or limit liability for any liability that cannot be excluded or limited under applicable law, including liability for our fraud, willful misconduct, or gross negligence. Your sole and exclusive remedy for dissatisfaction with the platform or any products purchased through it is to stop using the platform and seek remedies, if any, directly with the applicable Seller.
- INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MP Labs LLC, its affiliates, owners, directors, employees, agents, licensors, service providers, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or demands (including but not limited to reasonable attorneys' fees) arising out of or related to your use or misuse of the platform, your violation of these Terms, your breach of any representation or warranty, your violation of any applicable law or regulation, or your infringement or misappropriation of any intellectual property, privacy, or other rights of any third party. This includes, without limitation, any claims arising from your failure to provide accurate information, your unauthorized use of the platform, your purchase, possession, or consumption of alcoholic beverages, and any disputes between you and Vendors, payment providers, or shipping carriers. This indemnification obligation will survive the termination of your account or your use of the platform.
19. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
You and SwigLab agree that these Terms of Service involve interstate commerce and that the Federal Arbitration Act and federal arbitration law govern any dispute resolution proceedings arising from these Terms. This section constitutes a written agreement to arbitrate under the Federal Arbitration Act, and both parties acknowledge that it meets the “writing” requirement of the Act. To the extent that federal arbitration law does not supply the necessary substantive law for resolving disputes, the laws of the State of California shall apply. If any portion of a dispute requires court involvement, such as seeking injunctive relief or enforcing an arbitration award, the laws of the State of California shall govern.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, PARTICIPATE IN A CLASS ACTION, OR HAVE A TRIAL BY JURY.
To the fullest extent permitted by law, you and SwigLab agree that any disputes, claims, or controversies arising from or relating to your use of the platform, including product purchases, website interactions, and any other related transactions, shall be resolved exclusively through final and binding arbitration. However, this agreement does not prevent either party from seeking injunctive relief in court to protect intellectual property rights, such as copyrights, trademarks, patents, and trade secrets.
Pre-Arbitration Dispute Resolution
SwigLab strives to provide excellent service, but if you have a dispute or concern, you agree to give us an opportunity to resolve it informally before pursuing legal action. You must first submit a written notice (a “Demand”) detailing the dispute, including the date it arose, relevant facts, and supporting documentation. The Demand must include your full name, contact information, and a personally signed statement describing the issue. The Demand should be sent to:
MP Labs LLC
Attn: Legal Department
Los Altos, CA 94024
Email: mpunjabi@gmail.com
SwigLab will respond within twenty (20) business days and may propose an informal resolution discussion via phone or video call. Both parties must make a good-faith effort to resolve the issue before arbitration can be pursued. If no resolution is reached within twenty (20) business days after the resolution meeting (or if no meeting is requested), you may proceed with arbitration. The parties agree to toll any applicable limitations period while engaging in this informal resolution process.
Arbitration Process
If the dispute is not resolved informally, you agree to submit it to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in the county where you reside or remotely via video or phone conference if both parties agree. The arbitrator will have exclusive authority to resolve any dispute related to the interpretation, enforceability, or scope of these Terms.
You and SwigLab agree to bear your own arbitration-related costs and expenses, including legal representation and witness fees. The arbitrator may award damages and relief only on an individual basis and in accordance with applicable law. Judgment on the arbitrator's decision may be entered in any court of competent jurisdiction.
Class Action Waiver
To the fullest extent permitted by law, you agree that disputes with SwigLab must be brought on an individual basis only, and not as part of any class action, representative action, or collective proceeding. The arbitrator may not consolidate multiple claims or preside over any class-based proceedings. Any relief granted will apply solely to the individual party involved and cannot impact other users. If the class action waiver is found unenforceable, the arbitration agreement shall be null and void, and disputes must be resolved in court.
Waiver of Jury Trial
By agreeing to arbitration, you and SwigLab waive the right to a jury trial or a trial before a judge for any claims arising under these Terms.
Exceptions to Arbitration
Notwithstanding the arbitration agreement, either party may seek relief in small claims court for qualifying disputes. Additionally, disputes related to intellectual property rights may be brought directly to court without first proceeding through arbitration.
Opt-Out Option
You may opt out of the arbitration agreement by sending a personally signed written notice within thirty (30) days of accepting these Terms to:
MP Labs LLC
Attn: Legal Department
Los Altos, CA 94024
Email: mpunjabi@gmail.com
Your opt-out notice must include your full name, address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provisions of these Terms.
Confidentiality of Arbitration
All arbitration proceedings, including related documents and communications, shall remain confidential and may not be disclosed to third parties, except as required by law or to enforce an arbitration award.
Modification of Arbitration Agreement
SwigLab reserves the right to update this arbitration agreement. However, changes will not apply to claims filed prior to the effective date of the update.
By using SwigLab’s services, you acknowledge and agree to the terms outlined in this section. If you do not agree, you should not use our platform.
For any questions regarding this section, please contact us at mpunjabi@gmail.com.
- DISPUTES AMONGST BUYERS AND SELLERS
a) Vendor Responsibility: SwigLab acts solely as an intermediary connecting Buyers with independent Vendors who are responsible for fulfilling orders and ensuring product quality and compliance with applicable laws. Buyers acknowledge that Vendors are solely responsible for handling disputes related to order fulfillment, product defects, shipment delays, returns, and any other issues arising from the purchase of products. SwigLab does not assume liability for Vendor actions, omissions, or failure to meet expectations but will assist in facilitating communication between Buyers and Vendors to achieve a fair resolution.
b) Resolution Process: If a dispute arises between a Buyer and a Vendor regarding an order, the Buyer must first attempt to resolve the issue directly with the Vendor using the communication channels provided on the platform. Buyers are encouraged to provide sufficient details, including order numbers, product details, and any supporting evidence, to enable the Vendor to assess and resolve the matter effectively. If the Vendor does not respond within a reasonable timeframe or the dispute remains unresolved, Buyers may escalate the issue to SwigLab for mediation. SwigLab will review the dispute, communicate with both parties, and attempt to facilitate a mutually agreeable resolution, but does not guarantee specific outcomes.
c) SwigLab’s Role in Dispute Resolution: While SwigLab is not directly responsible for Vendor-related issues, we may intervene at our discretion to mediate disputes and ensure compliance with our platform policies. SwigLab reserves the right to assess evidence provided by both parties and, where appropriate, provide recommendations, facilitate refunds or exchanges in accordance with the Vendor's policies, or take corrective actions against Vendors who repeatedly fail to meet their obligations.
d) Limitations on SwigLab’s Liability: Buyers agree that SwigLab is not responsible for resolving disputes that arise from the failure of a Vendor to fulfill an order, the condition of delivered products, or disagreements over refund eligibility. SwigLab does not guarantee the performance, reliability, or legal compliance of any Vendor. Any disputes regarding payments, refunds, or product-related claims must be pursued directly with the Vendor, and SwigLab will not be held liable for any losses, damages, or dissatisfaction resulting from Buyer-Vendor interactions.
- PARENTAL CONTROL PROTECTIONS
In compliance with the Communications Decency Act of 1996, we recognize the importance of protecting children from accessing content that may be inappropriate or unsuitable for minors. SwigLab is intended for use only by individuals who are 21 years of age or older, as purchasing alcoholic beverages requires legal age verification. We do not knowingly collect personal information from individuals under the age of 21, and any such accounts found to be in violation of our age policy will be terminated.
To assist parents and guardians in controlling the online experiences of minors, we recommend the use of parental control tools and software. These tools can help restrict access to certain content and ensure a safer browsing environment. Some widely used parental control solutions include:
· Net Nanny (www.netnanny.com)
· Qustodio (www.qustodio.com)
· Norton Family (family.norton.com)
· Microsoft Family Safety (account.microsoft.com/family)
Parents and guardians are encouraged to educate minors about responsible internet usage and to monitor their online activities regularly.
If you believe that a minor has provided personal information to SwigLab without proper age verification, please contact us at mpunjabi@gmail.com, and we will take appropriate action to remove the information and prevent further access to our platform.
For more information on protecting children online, you may visit the Federal Trade Commission’s website at www.ftc.gov or the OnGuardOnline website at www.onguardonline.gov.
- BUYERS WITH DISABILITIES
SwigLab is committed to ensuring digital accessibility for all individuals, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and other applicable accessibility laws. We are continuously working to improve the accessibility and usability of our website to provide an inclusive experience for all users.
Our Commitment to Accessibility: We strive to make our platform accessible by:
· Implementing features that enhance accessibility, such as keyboard navigation, text alternatives for images, and screen reader compatibility.
· Ensuring our website follows recognized accessibility standards, such as the Web Content Accessibility Guidelines (WCAG) 2.1.
· Regularly reviewing our platform to identify and address accessibility issues through ongoing improvements and updates.
Assistive Technologies: SwigLab is designed to work with commonly used assistive technologies, including screen readers, magnifiers, speech recognition software, and alternative input devices. We recommend using the latest versions of browsers and assistive technology for the best experience.
Your Feedback Matters: We are dedicated to providing an accessible experience and welcome feedback from users on how we can improve. If you encounter any accessibility barriers while using our platform, or if you have any questions or suggestions related to accessibility, please contact us at: mpunjabi@gmail.com.
Steps We Are Taking to Improve Accessibility: We are taking ongoing measures to enhance accessibility, including:
· Conducting regular accessibility audits and usability testing.
· Training our team to follow best practices for web accessibility.
· Incorporating user feedback to address accessibility challenges.
Third-Party Content: While we strive to ensure accessibility across all aspects of our platform, some third-party content, such as payment processors or external links, may not be fully accessible. We encourage users to contact us if they experience difficulties with any third-party service linked from our platform.
If you require assistance or an alternative way to access our services, please reach out to us.
- NOTICES
When you use the website or send emails to SwigLab, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. SwigLab will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to mpunjabi@gmail.com.
- GENERAL PROVISIONS
i. Non-Solicitation and Non-Circumvention: You agree not to directly solicit, engage, or attempt to conduct business with any Sellers outside of the SwigLab platform for products or services offered on the platform. You further agree not to circumvent SwigLab by making direct purchases from Sellers with whom you were introduced through our platform, without prior written consent from SwigLab. Any violation of this restriction may result in account suspension, legal action, and liability for damages, including the commission fees that would have been due to SwigLab.
ii. Independent Legal Advice: By using the SwigLab platform, you acknowledge and agree that you have had the opportunity to seek independent legal advice before accepting these Terms. You understand that the Terms constitute a legally binding agreement between you and SwigLab, and you agree that you have either obtained such legal advice or have voluntarily chosen not to do so. SwigLab shall not be responsible for any misunderstanding or lack of awareness regarding your rights and obligations under these Terms, and your continued use of the platform signifies your acceptance of all terms and conditions herein.
iii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
iv. Breach: If you violate any provision of these Terms or fail to comply with any of your obligations, SwigLab reserves the right to take appropriate action, including but not limited to suspending or terminating your account, canceling pending orders, restricting your access to the platform, and pursuing any legal remedies available.
v. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
vi. Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms.
vii. Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
viii. Assignment: You may not assign, transfer, or delegate your rights or obligations under these Terms without prior written consent from SwigLab. Any unauthorized assignment or transfer will be deemed null and void. SwigLab reserves the right to assign or transfer its rights and obligations under these Terms, in whole or in part, to any third party without requiring your consent. Such assignment or transfer will not affect your rights or obligations under these Terms.
ix. Entire Agreement: These Terms and Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between SwigLab and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
x. Force Majeure: SwigLab shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, strikes, labour disputes, supply chain disruptions, technical failures, pandemics, governmental actions, or any other events that are unforeseeable and beyond SwigLab’s reasonable control. In the event of a force majeure situation, SwigLab’s obligations under these Terms will be suspended for the duration of the event, and we will make reasonable efforts to resume operations as soon as possible. Buyers acknowledge that such events may impact product availability, order fulfillment, and delivery times, and SwigLab shall not be held responsible for any losses or damages resulting from force majeure events.
xi. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Services after any amendments to the Terms shall constitute your acceptance to such amendments.
- GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
In the event you have any grievance regarding anything related to these Terms, or with any content or service of SwigLab, in that case you may freely write your concerns to the Grievance Officer/Designated Representative at below:
· Email: mpunjabi@gmail.com
- FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: mpunjabi@gmail.com.
