Terms of Use
OVERVIEW
This website is operated by The Tipsy Cellar. Throughout the site, the terms “we”, “us”, and “our” refer to The Tipsy Cellar. The Tipsy Cellar offers this website, including all information, tools, and Services available from this site to you (the user), conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing something from us, 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 and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or 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 that are 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 and/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 Woocommerce., which provides us with an online e‑commerce platform that allows us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 21 years of age (or the legal drinking age in your jurisdiction) and are legally permitted to purchase alcoholic beverages. If you are under the legal drinking age, you may not access this site or use our Services.
You agree not to use our products for any illegal or unauthorized purpose, nor may you, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses, worms, or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your access to our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that any content you submit (except for credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform with 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 our express written permission.
The headings used in this agreement are included for convenience only and will not affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if any information provided on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be solely relied upon for making decisions without consulting primary, more accurate, complete, or timely sources. Any reliance on the material on this site is at your own risk.
This site may contain historical information which is provided for reference only. We reserve the right to modify the contents of this site at any time without any obligation to update information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or Services (including liquor, spirits, beer, snacks, and other beverages) may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only following our Refund Policy: Learn More About Our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products. However, 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 sale 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 that we offer. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. 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.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Such restrictions may apply to orders placed under the same customer account, credit card, and/or billing/shipping address.
If we cancel or change an order, we may attempt to notify you by contacting the email and/or phone number provided at the time the order was placed. 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 orders made at our store, and to promptly update such information as needed.
For further details, please review our Refund Policy: [LINK TO REFUND POLICY].
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control. You acknowledge that we provide such tools “as is” and “as available” without warranties of any kind. We are not liable for your use of any optional third-party tools.
Any use of these tools is at your own risk, and you should review the terms provided by the relevant third party.
We may, in the future, offer new Services or features through the website (including new tools and resources), which will also be subject to these Terms.
SECTION 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 websites not affiliated with The Tipsy Cellar. We are not responsible for examining or evaluating the content or accuracy of such websites, and we assume no liability for any third-party materials.
Any transactions or interactions with third-party websites are solely between you and the third party. Please review their policies and practices carefully.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit comments, suggestions, or other materials to us (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use these Comments in any medium.
You acknowledge that we are under no obligation to maintain any Comments in confidence or to compensate you for them.
We reserve the right to monitor, edit, or remove any content deemed unlawful, offensive, or in violation of these Terms.
You agree not to submit Comments that violate any third-party rights or contain malware. You are solely responsible for any Comments you post.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through our site is governed by our Privacy Policy, which you can view here: [LINK TO PRIVACY POLICY].
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site that contains errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
We reserve the right to correct any errors and update information without prior notice. No update date on the site should be interpreted as a commitment to update all information.
Any reliance on the material on our site is at your own risk.
SECTION 12 – PROHIBITED USES
In addition to other restrictions set forth in these Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to commit unlawful acts;
(c) to violate any applicable laws or ordinances;
(d) to infringe on our intellectual property rights or those of others;
(e) to harass, abuse, or discriminate against any person;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other harmful code;
(h) to collect personal information about others;
(i) to spam, crawl, or scrape the site;
(j) for any obscene or immoral purpose; or
(k) to circumvent the security features of the site or any related website.
We reserve the right to terminate your access if you violate these provisions.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, secure, or error‑free.
The Service and all products and Services delivered to you are provided “as is” without any express or implied warranties, including warranties of merchantability or fitness for a particular purpose.
In no event shall The Tipsy Cellar, its directors, officers, employees, or affiliates be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service or any products purchased through it—even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such cases, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Tipsy Cellar and its affiliates, officers, directors, employees, agents, and contractors from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or your use of the Service.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining Terms will remain in full force and effect.
SECTION 16 – TERMINATION
These Terms are effective until terminated by either party. You may terminate these Terms by discontinuing use of our Service.
We reserve the right to terminate or suspend your access at any time for any reason without prior notice. In the event of termination, you remain liable for any obligations incurred up to the termination date.
SECTION 17 – ENTIRE AGREEMENT
These Terms, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and The Tipsy Cellar regarding your use of the Service and supersede all prior or contemporaneous communications and proposals.
Any ambiguities in these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed following the laws of the United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates on our website. Your continued use of the Service after any such changes constitutes acceptance of the new Terms.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
Email: sales@thetipsycellar.com
Our contact details are as follows:
The Tipsy Cellar
230 Quarry St
Cobleskill, NY 12043
United States
This document is provided for informational purposes and should be reviewed by legal counsel to ensure compliance with all applicable laws and regulations, especially those governing the sale of alcoholic beverages.