Last Updated: January 5, 2015
TERMS AND CONDITIONS FOR PRE-ORDERS
Please read all of these terms and conditions (“Terms”) carefully before submitting your pre-order for a KitchenMate (the “Product”). By submitting your pre-order or confirming your shipping address, you agree to be legally bound by these Terms.
1. Pre-Order and Acceptance. Each pre-order you submit for a Product constitutes an offer to purchase that Product. Pre-orders are complete when you provide your shipping address to us. Completed pre-orders are subject to KitchenMate’s acceptance and may be rejected at any time and for any reason at KitchenMate’s discretion. If KitchenMate rejects your offer, KitchenMate will, as your sole and exclusive remedy and KitchenMate’s sole and exclusive liability, refund the amount you paid as described in Section 4. KitchenMate will send you an email to the address provided by you once the order has been “accepted”. If your order is “rejected” we will send you a second email before shipping. If you have any questions, comments, or concerns regarding KitchenMate’s pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact KitchenMate at email@example.com. If your shipping addresses changes before your product is shipped, you are expected to notify KitchenMate in advance at firstname.lastname@example.org.
2. Eligibility. You must be at least 18 years old to offer to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
3. Payment. Payment must be by way of credit card through the KitchenMate website located at www.kitchenmate.com. You are responsible for maintaining the confidentiality of your account for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
4. Refunds. We want you to be totally happy with the Product, but please be aware that the specifications for the Products may change prior to shipping. If you request a refund at any time before shipping, we will process it promptly, and we will refund the full amount you paid. KitchenMate’s refund policy will apply. The KitchenMate refund policy will be published on the KitchenMate website at the time when KitchenMate begins shipping Products (“Refund Policy”).
5. Shipping and Delay. The Products are not ready for delivery. Shipping will commence no sooner than December 1st, 2017, and may commence substantially later. Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Product, KitchenMate may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
6. Transfer of Risk and Title. Risk of loss of the Product passes to you on KitchenMate’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
7. Taxes. All import duties, taxes, and other charges are not included in the Product price. Upon checkout the tax costs are presented, which you are expected to pay as part of placing your order. If you have already placed a pre-order and discovered that such taxes make your pre-order untenable for you, please contact KitchenMate (email@example.com) to rescind your pre-order, and we will refund the amount you paid in connection with your pre-order in full.
8. Intellectual Property. KitchenMate and its licensors own all intellectual property rights in the Products. If KitchenMate accepts your pre-order for a Product, you will acquire no interest or rights in KitchenMate’s intellectual property, and your use of the Product will be subject to the KitchenMate Terms of Service and other additional license terms and restrictions that will be provided together with the Product. KitchenMate reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.
9. Force Majeure. Neither party shall be liable to the other for any failure to perform their obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
10. Privacy. All information provided here is kept completely confidential, and is kept solely to service your order. We do not share, sell or otherwise distribute any information gathered by this ordering system. If you have any questions or concerns regarding your privacy, please contact us.
11. Modification of these Terms. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
14. Controlling Law and Severability. These Terms will be governed by and construed in accordance with the laws of the Province of Toronto, excluding its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.