terms-of-service

These Terms of Service (“Terms”) govern your access to and use of the website located at https://www.rootedreserve.com and any other websites, services, features, or applications provided by Kingpin Gourmet, LLC (“Rooted Reserve,”, “Kingpin Gourmet”, “Company,” “we,” “us,” or “our”). Rooted Reserve is a brand of Kingpin Gourmet, LLC.

By accessing or using the Platform (defined below), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Platform.

1. THE PLATFORM

“Platform” refers to the Site and all related content, features, services, communications, memberships, wholesale access, digital experiences, and the ability to purchase fresh truffles, food products, merchandise, or other items (“Products”).

You must be at least 21 years old to use the Platform.

2. ACCOUNT REGISTRATION

You may need to create an account to access certain features, including ordering Products, membership programs, or wholesale portals. You agree to:

  • provide accurate and complete information

  • maintain the confidentiality of your login credentials

  • accept responsibility for all activity under your account

We reserve the right to suspend or terminate any account at our discretion.

3. ORDERS, PRICING & AVAILABILITY

3.1 Product Availability

Certain Products—especially fresh truffles—are seasonal, perishable, and limited. Availability is not guaranteed. We may discontinue or modify any Product at any time.

3.2 Pricing

Prices are listed in U.S. Dollars. We reserve the right to change prices without notice. Pricing errors may be corrected even after an order is submitted.

3.3 Order Acceptance

Your order is an offer to purchase. We may accept or decline orders at our discretion, including for reasons such as:

  • limited availability

  • inability to process payment

  • suspected fraud

  • compliance requirements

An order is not final until payment is processed and we send a confirmation.

3.4 Perishable Products

Fresh truffles and other perishable items require proper handling. By purchasing, you acknowledge the nature of such Products and agree that:

  • aroma, flavor, and appearance vary naturally

  • age, transport, and storage affect quality

  • Rooted Reserve is not responsible for degradation caused by delayed pickup, incorrect addresses, or failure to refrigerate

4. SHIPPING & DELIVERY

Shipping times are estimates and not guarantees. Once a package leaves our facility, delays caused by carriers, weather, customs, or routing are outside our control.

You are responsible for providing accurate shipping information. We are not responsible for lost or delayed packages caused by:

  • incorrect addresses

  • refusal of delivery

  • failure to retrieve deliveries promptly

Risk of loss transfers to you upon delivery to the carrier.

5. RETURNS, REFUNDS & CANCELLATIONS

Due to the perishable nature of fresh truffles and certain food items:

All sales of perishable Products are final.

For non-perishable items, we may accept returns or exchanges in our discretion. Refunds are not guaranteed.

If you believe a Product is defective, contact us within 24 hours of delivery with photographs and a description of the issue. We will review and may offer a partial credit, replacement, or no remedy depending on circumstances.

6. WHOLESALE CUSTOMERS

Wholesale access is granted on a discretionary basis. Wholesale customers agree to:

  • maintain active and accurate business information

  • abide by order minimums or purchasing requirements

  • comply with all applicable health, safety, and resale regulations

We may revoke wholesale access at any time.

7. MEMBERSHIP PROGRAMS

Rooted Reserve may offer memberships, early-access programs, or subscription models. Participation is subject to any additional terms presented at signup. Membership fees are nonrefundable unless stated otherwise.

8. SMS COMMUNICATIONS

By opting in to SMS messages from Rooted Reserve, you agree to receive:

  • order updates

  • transactional alerts

  • account notifications

  • marketing messages (where permitted)

Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP.

“No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.”

This means we never sell or share your SMS consent or phone number for promotional use.
SMS service providers (e.g., Twilio, Klaviyo, Postscript) act solely as message transmitters.

9. USER CONDUCT

You agree not to:

  • use the Platform for unlawful purposes

  • attempt to access accounts not belonging to you

  • interfere with the security or operation of the Platform

  • scrape, crawl, or data-mine without permission

  • upload harmful code or engage in fraudulent activity

We may suspend or terminate access if violations occur.

10. INTELLECTUAL PROPERTY

All content on the Platform—including text, images, logos, trademarks, product descriptions, and design elements—is the property of Rooted Reserve / Kingpin Gourmet, LLC or its licensors.

You may not copy, reproduce, distribute, modify, or create derivative works without our permission.

11. DISCLAIMERS

11.1 No Warranty

The Platform, Products, and Services are provided “as is” and “as available,” without warranties of any kind, express or implied.

We disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.

11.2 Perishable Product Variability

Fresh truffles and other agricultural products vary naturally. Aroma, flavor, shape, and size cannot be guaranteed.

11.3 Third-Party Services

We are not responsible for:

  • carrier delays

  • third-party platforms

  • payment processor performance

  • event venue policies

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

  • Rooted Reserve / Kingpin Gourmet, LLC will not be liable for indirect, incidental, punitive, or consequential damages.

  • Our total liability for any claim shall not exceed the amount you paid for the Product or Service at issue.

You agree to release Rooted Reserve from claims arising from:

  • carrier delays

  • spoilage caused by mishandling

  • incorrect shipping information

  • third-party service interruptions

  • natural variations in perishable goods

13. INDEMNIFICATION

You agree to indemnify and hold harmless Rooted Reserve / Kingpin Gourmet, LLC from any claims, damages, losses, liabilities, and expenses arising from:

  • your use of the Platform

  • your violation of these Terms

  • your violation of any laws or rights of others

14. THIRD-PARTY LINKS

The Platform may include links to third-party websites or services. We do not control or endorse these sites and are not responsible for their content or policies.

15. GOVERNING LAW

These Terms and all disputes arising from them are governed by the laws of the State of California, without regard to its conflict-of-law rules.

16. DISPUTE RESOLUTION & ARBITRATION

To the fullest extent permitted by law, you agree that:

  • disputes will be resolved through binding arbitration on an individual basis

  • class actions and class arbitrations are not permitted

  • arbitration will be conducted in Alameda County, California

You may opt out of arbitration within 30 days of first using the Platform by contacting us at the email below.

17. TERMINATION

We may suspend or terminate your access to the Platform at any time, for any reason, including violation of these Terms.

18. SEVERABILITY

If any provision is found unenforceable, the remainder of the Terms will remain in effect.

19. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Rooted Reserve / Kingpin Gourmet, LLC concerning the Platform.

20. HOW TO CONTACT US

For questions regarding these Terms, contact:

legal@rootedreserve.com
Operated by Kingpin Gourmet, LLC, the parent company of Rooted Reserve.