LEGAL - IMPORTANT - SALE OF ALCOHOL AND RECIPROCAL LEGAL RELATIONSHIPS
How We Operate
The Company holds a Licence to Represent Manufacturer issued by the Alcohol and Gaming Commission of Ontario (the "AGCO") for its representation of each of the vintners depicted on the Website, and carries on business to the public as "Victory Wine & Spirits Inc".
We offer for sale, and deliver wine to you purchased through the" Consignment Program" operated by the Private Ordering provisions of the Liquor Control Board of Ontario ("LCBO"), and we or our affiliates are authorized by the LCBO as a consignment agent.
REFERENCES TO US
When referencing or defining the "Company", "company", "Agent", "agent" "Business", "business" "I", "we", "We", "us", "Us", "our, and/or "Our" (in plural or singular irrespective of capitalization or gender) we are referencing the business, Victory Wine and Spirits Inc. (the "Company") and/or operations that is relevant to this site.
REGULATORY AND GOVERNMENTAL ENVIRONMENT
The Company is governed by the LCBO guidelines. At all material times, we act in accordance with all law that is applicable and known to us.
At all material times, we operate within the borders and confines of the province of Ontario. At all material times, we rely on the interpretations of definitions in the Interpretation Act of Ontario.
Ontario is a common law jurisdiction which means that while we unequivocally adhere to the wording of enactments, we also rely on "judge made law". Judge made law is the basis of the common law doctrine which is known as "stare decisis" which means that judges must follow past precedents on the same or similar constellation of facts.
In that vein, our behaviour is guided by the applicable law to each situation. As a for-profit entity, the Company's goals are to earn revenue and make profit but only so within the boundaries of the law.
We provide the below for your ease of reference and convenience so you are aware as a buyer, under the caveat emptor principle, and you do so with full knowledge. All legal pages operate on a retrospective, current and prospective basis.
As a Manufacturer's Representative, as the term is defined in applicable enactments and interpreted by the courts, we are an agent of the LCBO.
With respect to the term "sale", we do not engage in the sale of alcohol but rather the facilitation of sale. We rely on the law of agency relationships. The LCBO is the seller of the wine and you are viewed as the consumer. We merely act in a agency or conduit role.
The word "Processes" means that we represent our manufacturers and assist in the transaction of your purchase from the LCBO. The LCBO may request information from the Agent regarding the submission of orders and the LCBO is bound by the Freedom of Information and Protection of Privacy Act,
The prices on this website include all applicable margins, discounts, fees et al.
The LCBO sale price is available upon your request from the Agent.
The LCBO holds all wine on a consignment basis in its warehouse until the order is placed.
The Company does NOT carry or hold alcohol independently with the exception of private ordering, pre-arranged pick-ups as a specific location or those products are that deemed to be "in transit".
Our contracted delivery and contract workers are independent contractors with the Company and act in accordance with all applicable laws.
Consumer and User Requirements
The consumption and sale of alcohol is regulated at all levels of government. We make no representations about the consumption of alcohol. You are solely responsible or all aspects governing your compliance with the law with respect to acquisition and consumption. Nothing on this site is to be construed as advice or representations to you about consumption.
The Sale of Alcoholic Beverages
The Company does not process a facilitation of sale of liquor to persons under the age of 19. By authorizing any purchase on this website, you unequivocally represent that you are 19 years of age or over.
We do not deliver to any person under the age of 19 years of age. If you do not meet any and all requirements with the consumption of alcohol, you are prohibited from any aspect of purchasing from this Website.
We have a positive and unequivocal obligation to report any misconduct or contraventions of law to the applicable bodies and said governmental bodies may prosecute you for the infraction under provincial, federal, quasi-criminal or criminal legislation.
The delivery agent will not complete the delivery of liquor to any person who appears to be intoxicated and/or under the age of 19. The Agent and those agents, who deliver on behalf of the Agent, reserve the right to deny the acquisition of the purchase if the customer refuses to provide valid identification or provides identification that appears to not be the person who completed the purchase.
You are only entitled to consume the wine you purchased from our Company. To the extent you intend to sell wine, please contact a practicing Ontario lawyer in the relevant area, the AGCO and/or the LCBO with respect to agency requirements.
IMPORTANT LEGAL NOTES
- **Nothing is to be construed as business, accounting or legal advice herein.**
- **Contra proferentem is inapplicable to any contractual interpretation herein**
- **By authorizing or engaging in the purchase of alcohol on this Website, you do so with full knowledge of the applicable laws and have sought and obtained independent legal advice from a qualified practicing lawyer in the province of Ontario**
- **The principle of caveat emptor is applicable at all times to any purchase on this Website**
- **Purchasing is only available for NON-LICENSEES**
Should you or your lawyer have any questions before purchasing alcohol on this Website, please contact us at email@example.com PRIOR to make any purchases.