SIRENS (the brand) and its website (www.drinksirens.com) are solely owned, operated, and managed by the creative house MAISON NAPIER LLC — a Limited Liability Company existing under the laws of the United States of America in the state of New York.
Email: bonjour@maisonnapier.com
Registered Address: 408 Broadway, FL 2, New York, NY 10013
Précis
SIRENS (the brand) and its website (www.drinksirens.com) (the "Site"), are solely owned, operated, and managed by the creative house MAISON NAPIER LLC (Collectively the "Company," "we," "our," or "us"). This Privacy Policy (the "Policy") explains how the Company collects, stores, uses, discloses, or otherwise processes personal information of its customers, visitors, prospects, and other users ("user(s)," "you," or "your") while you visit or use the Site. This Policy also applies to other services that display or link to these terms, including stores
1 | Collecting Personal Information
When you visit the Site, we collect certain information about your device, your interaction with the Site, and the information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as "Personal Information." See the list below for more information about what Personal Information we collect and why.
Device information
Examples of Personal Information collected
1. The version of the web browser
2. IP address
3. Time zone
4. Cookie information
5. What sites or products you view
6. Search terms
7. How you interact with the Site
Purpose of collection
1. To load the Site accurately for you
2. To perform analytics on Site usage to optimize our Site.
Source of collection
1. Collected automatically when you access our Site using cookies, log files
web beacons, tags, or pixels
Disclosure for a business purpose
1. Shared with our processor Shopify
Order information
Examples of Personal Information collected
1. Name
2. Billing address
3. Shipping address
4. Payment information (including credit card numbers, Paypal, Apple Pay, Google Pay, Meta Pay, and Shop Pay)
5. Email address
6. Phone number
Purpose of collection
1. To provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
Source of collection
1. Collected from you
Disclosure for a business purpose
1. We share with our processors Shopify, OpenNode, Royal Mail, Fedex, DPD, UPS, and ParcelForce.
Customer support information
We only collect the information stated above or information you gave when you contact us for customer support.
2 | Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above.
For example:
- We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
3 | Using Personal Information
We use your personal information to provide our services to you, which include: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Lawful Basis
Under the General Data Protection Regulation ("GDPR"), if you are a resident of the European Economic Area ("EEA"), we process your personal information under the following lawful bases:
1. The performance of the contract between you and the Site
2. Compliance with our legal obligations
Retention
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the "Your rights" section below.
Automatic decision-making
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling) when that decision-making has a legal effect on you or otherwise significantly affects you.
We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor Shopify uses limited automated decision-making to prevent fraud that has no legal or otherwise significant effect on you.Services that include elements of automated decision-making include:
1. Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
2. Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.
4 | Your rights
GDPR
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, don't hesitate to get in touch with us through the contact information below.
Your Personal Information will be initially processed in Ireland and then transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify's GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.
Cookies
A cookie is a small amount of information that's downloaded to your computer or device when you visit our Site. We use various cookies, including functional, performance, advertising, and social media or content cookies. Cookies improve your browsing experience by allowing the website to remember your actions and preferences (such as login and region selection). This means you don't have to re-enter this information each time you return to the Site or browse from one page to another. Cookies also provide information on how people use the website, for instance, whether it's their first time visiting or if they are a frequent visitor.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser's "Tools" or "Preferences" menu. For more information on how to modify your browser settings or how to block, manage, or filter cookies can be found in your browser's help file or through such sites as www.allaboutcookies.org.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to "Do Not Track" signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
5 | Revisions
We may update this Privacy Policy from time to time to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
8 | Minors
Please note that the Site is only meant for individuals 18 years of age or older.
9 | Contact Information
If you have any questions or concerns or would like to file a complaint about our privacy practices, please feel free to contact us via email at cheers@drinksirens.com or send us a letter at 408 Broadway, FL 2, New York, NY 10013. We would be happy to provide you with more information and assist you in any way we can.
Précis
SIRENS (the brand) and its website (www.drinksirens.com) are brought to you by the creative house MAISON NAPIER LLC. Throughout the Site, the terms "we," "us," and "our" refer to SIRENS or MAISON NAPIER LLC or both, depending on the context. These Terms of Service constitute a legally binding agreement between you and SIRENS ("we," "us," "MAISON NAPIER LLC," the "Company") governing your use of SIRENS website (the "Site") and social media platforms, regardless of the means of access. If you do not agree to be bound by the Terms of Service, promptly exit the Site or social media platform, as applicable, and refrain from any future use of the Service.
By visiting our Site or purchasing something from us or both, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein or available by hyperlink or both. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
1 | Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2 | General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve:
1. Transmissions over various networks
2. Changes to conform and adapt to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3 | Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
4 | Modifications to the Service and Prices
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
5 | Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
6 | Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, and order. Some restrictions may apply to orders made under the same customer account or credit card, as well as orders with the same billing or shipping address or a combination of these factors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address or phone number or a combination of these communication methods provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
7 | Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools" as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We are not responsible for any issues that may arise from your use of third-party tools that are not required.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, we may also offer new services and/or features through the website (including releasing new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8 | Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it.
We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with any third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
9 | User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
1. To maintain any comments in confidence.
2. To pay compensation for any comments.
3. To respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party
10 | Personal Information
Our Privacy Policy governs your submission of personal information through the store — to view our Privacy Policy.
11 | Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. Please note that the absence of a stated update or refresh date on the Service or any related website does not necessarily mean that all information contained therein has been modified or updated.
12 | Prohibited Uses
In addition to other prohibitions, as outlined in the Terms of Service, you are prohibited from using the Site or its content:
1. For any unlawful purpose.
2. To solicit others to perform or participate in any unlawful acts.
3.To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
6. To submit false or misleading information.
7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet.
8. To collect or track the personal information of others.
9. To spam, phish, pharm, pretext, spider, crawl, or scrape.
10. For any obscene or immoral purpose.
11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
13 | Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MAISON NAPIER LLC, SIRENS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
In certain states or jurisdictions, it may not be possible to exclude or limit liability for consequential or incidental damages. If this is the case, our liability shall not exceed $500.00 USD.
14 | Indemnification
You agree to indemnify, defend and hold harmless MAISON NAPIER LLC or SIRENS or both and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
15 | Severability
We reserve the right to change or modify any of the terms or conditions contained in these Terms at any time. If we decide to change these Terms, we will post a new version on our Platform and update the date set forth above. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term and condition.
16 | Termination
In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to our platform, at any time with or without notice in the event you have breached these Terms or such action is necessary to prevent harm to any party or liability to SIRENS or MAISON NAPIER LLC or both.
Termination, suspension, or any limitations made to your access of our platform will result in the removal of your entitlement to any refunds of unused balances in your account. You will be prohibited from registering or creating a new account under your name, a fake or borrowed name, the name of any third party, or any combination of these factors, even if you may be acting on behalf of the third party. Additionally, we reserve the right to take appropriate legal action, including but not limited to pursuing arbitration, a criminal case, and injunctive redress.
Even after your access to our platform is terminated, limited, or suspended, you are still bound by these Terms.
17 | Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or concerning The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
18 | Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America in the state of New York and will be written in English.
19 | Changes To Terms of Service
You can find the Terms of Service on this page, and it's essential to review the most recent version. We may make updates or changes to the terms at any time and will post them on our website. It's your responsibility to check for any changes periodically. If you continue using our website or Service after any changes, it means you accept the updated terms..
20 | Contact Information
If you have any questions about our Terms of Service, don't hesitate to reach out to us at cheers@drinksirens.com.