Terms of Service
Last updated: December 3, 2024
1. Agreement to Terms
By accessing or using Mystery Cellar (the "Service"), operated by Shared Table Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.
2. Eligibility
You must be at least 21 years of age to use our Service. By using Mystery Cellar, you represent and warrant that you are at least 21 years old and have the legal capacity to enter into these Terms. We reserve the right to request proof of age at any time.
Our products contain alcohol and can only be sold to individuals of legal drinking age. All deliveries require an adult signature from someone 21 years of age or older with valid identification.
3. Account Registration
To use certain features of our Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or violates these Terms.
4. Products and Services
Mystery Cellar offers mystery wine box experiences through a tiered key system. Each key tier (Bronze, Silver, Gold, and Platinum) corresponds to wines of different value ranges. The specific wine you receive is randomly selected from the available wines in your chosen tier.
By purchasing a key, you acknowledge and agree that:
- Wine selection is random within your chosen tier
- The retail value of wines will meet or exceed the tier's minimum value threshold
- Specific wines, vintages, or producers cannot be guaranteed
- Product images are representative and may differ from actual products received
- Wine availability may vary based on inventory
5. Pricing and Payment
All prices are displayed in US Dollars (USD) and are subject to change without notice. Payment is processed securely through Stripe, our third-party payment processor. We do not store your complete credit card information on our servers.
You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You are responsible for any applicable taxes in your jurisdiction.
6. Shipping and Delivery
Wine shipments are subject to state and local laws. We currently ship to select states within the United States where direct-to-consumer wine shipping is permitted. You are responsible for ensuring that wine can be legally shipped to your address.
Shipping terms:
- Standard shipping fee of $15.00 per shipment
- Free shipping on orders of 6 or more bottles
- Adult signature (21+) required for all deliveries
- Risk of loss transfers to you upon delivery to the carrier
- We are not responsible for delays caused by shipping carriers or weather conditions
7. Refunds and Returns
Due to the nature of alcohol products and applicable regulations, our refund policy is limited:
- Keys are non-refundable once purchased
- Wines that have been "unboxed" (revealed) cannot be exchanged or returned
- Damaged or defective products may be replaced at our discretion with proof of damage
- Claims for damaged shipments must be made within 48 hours of delivery
Please contact support@mysterycellar.com for any issues with your order.
8. Intellectual Property
The Service and its original content, features, and functionality are owned by Shared Table Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.
9. User Conduct
You agree not to:
- Use the Service for any unlawful purpose
- Attempt to gain unauthorized access to any part of the Service
- Interfere with or disrupt the Service or servers
- Impersonate any person or entity
- Purchase products on behalf of minors
- Resell or commercially exploit our products without authorization
- Use any automated means to access the Service
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. Wine quality and taste are subjective, and we make no guarantees regarding your personal satisfaction with specific wines.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHARED TABLE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
In no event shall our total liability exceed the amount you paid to us in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Shared Table Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware.
14. Dispute Resolution
Any dispute arising from these Terms or your use of the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally within thirty (30) days, either party may initiate binding arbitration.
Arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
16. Contact Information
If you have any questions about these Terms, please contact us:
Shared Table Inc.
Email: support@mysterycellar.com