Pure Kitchen – Terms and Conditions

 

TERMS & CONDITIONS

TERMS OF USE

This Website is operated by Pure KitchenTM. All inquiries may be directed to:

Pure Kitchen
708 Gravenstein Hwy N. 205
Sebastopol, CA 95472

Your use of this Website is governed by these Terms and Conditions (collectively, the “Site.”) and the content and services at this Site are subject to these Terms of Use (or “Terms”). Please read these Terms and Conditions carefully before using this Site. By accessing this Site in any way, including without limitation, browsing this Site, using any services, and/or submitting information to Pure Kitchen, constitutes your agreement to follow these rules and to be bound by the terms, conditions, policies and notices contained in these Terms. 

By placing an order with Pure Kitchen, either through our Website, over the phone, or by any other medium, you are agreeing to our Terms and Conditions. You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through our Website. If you do not agree with any of these Terms and Conditions, please do not use the pure-kitchen.com Site.

USE OF WEBSITE

The pure-kitchen.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Pure Kitchen’s goods and services and/or to otherwise transact business with or contact Pure Kitchen, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). We will not share transactional preferences of an individual customer (whether such customer is a person or an entity) with any third party not affiliated with Pure Kitchen. This policy is intended to protect the privacy and freedom of Pure Kitchen’s customers and the personal relationship Pure Kitchen works to develop with its customers and others authorized to use its Website.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We may require additional verifications or information. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your order.

PAYMENT

You must pay in full by debit or credit card in advance when you submit an order through our Website. Payment will be collected at the time of placing the order. Full payment must be received in advance before any goods are prepared or dispatched. If any payment is subsequently withdrawn, disputed, charged back or reversed in any way by you, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by Pure Kitchen. If you are placing an order through a company, we may agree to credit terms via a separate written agreement. Please contact us to make arrangements.

PRICING INFORMATION

Pure Kitchen cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Pure Kitchen website. Pure Kitchen reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Pure Kitchen. Pure Kitchen may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Pure Kitchen website compared to products in store.

NO REFUNDS

As nearly all of our products are edible, all sales are final and no refunds or credit will be issued.

CANCELLATION/REFUNDS

Orders cannot be cancelled once Pure Kitchen has begun processing the order. In order to promptly deliver our products as fresh as possible, the processing of an order commences almost immediately once you have submitted your order. We are unable to accommodate requests to change or cancel an order after two hours have passed after order placement. Any changes to or cancellation of an order can only be made with Pure Kitchen's prior written approval and additional charges may apply. Any agreement by Pure Kitchen to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Pure Kitchen to that point, and you agree that such amounts may be deducted from any payments previously made to Pure Kitchen. Accordingly, we encourage you to carefully check your order before submitting it.

QUOTES/CHANGES

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Website at the time of your order. 

DELIVERY

Delivery will be deemed to have taken place at the time Pure Kitchen places an order in the possession of any carrier service (e.g., UPS, USPS, or Federal Express) for customer delivery. Pure Kitchen is not responsible for lost, stolen or damaged goods once an order leaves our possession. If you choose a specific delivery date when placing your order, we will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier, we have no control over the delivery process and we recommend you choose a delivery date at least one day early to avoid disappointment. We reserve the right to make deliveries in installments which shall not relieve you from your obligation to accept and pay for remaining deliveries.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics, photographs, images, screen shots, digitally downloadable files, logos, product and program names, slogans, code and the compilation of the foregoing (Pure Kitchen Content) is the property of Pure Kitchen and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Copyright 2020, pure-kitchen.com ALL RIGHTS RESERVED. Nothing contained on this Site should be construed as granting any license or right to download or use any Pure Kitchen Content.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with pure-kitchen.com or to purchase pure-kitchen.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by pure-kitchen.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

All trademarks, service marks and trade names of pure-kitchen.com used in the site are trademarks or registered trademarks of Pure Kitchen.

WARRANTY

Pure Kitchen warrants that it has the right to provide its products but otherwise the goods are provided on an “as-is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the goods are suitable for the particular purposes intended by you.

REPRESENTATIONS AND LIMITATIONS OF LIABILITY

To the extent permitted by the applicable law, Pure Kitchen makes no representations about the reliability of the features of this Site, the Pure Kitchen Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.Pure Kitchen shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the goods sold by Pure Kitchen.

SUBMISSION AND USE OF COMMUNITY FEATURES

We welcome your comments regarding the pure-kitchen.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to pure-kitchen.com shall be and remain the exclusive property of Pure Kitchen. Your submission of any such Comments shall constitute an assignment to Pure Kitchen of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Pure Kitchen will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

DISCLAIMER

This Website and all contents of this Website are provided on an “as is” basis, without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Pure Kitchen shall not be liable for any damages of any kind related to your use of this Website.

Pure Kitchen does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Pure Kitchen without the prior review and written approval of Pure Kitchen.

NOTICE

Pure-kitchen.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to pure-kitchen.com

INDEMNIFICATION

You agree to defend, indemnify and hold Pure Kitchen harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of this pure-kitchen.com Website in violation of these Terms of Use.

THIRD PARTY WEBSITES

 

This Site may hyperlink to sites not maintained by or related to Pure Kitchen. Such hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Pure Kitchen, and Pure Kitchen does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Pure Kitchen has no control over how your information is collected, used, or otherwise handled.

JURISDICTION

 

The Site is controlled and operated by Pure Kitchen from within the United States, and is not intended to subject Pure Kitchen to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of the state of California without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of and agree that any and all disputes regarding these Terms will be brought exclusively before, the courts located in Sonoma County, California.

MISCELLANEOUS

You agree to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this site and/or these terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.

 

The failure of Pure Kitchen to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities or for any other reason beyond the reasonable control of Pure Kitchen, shall not be deemed a breach of these Terms.

If Pure Kitchen fails to act with respect to your breach or anyone else's breach on any occasion, Pure Kitchen is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Pure Kitchen, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Pure Kitchen regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

If you breach any provision of these Terms or our Privacy Policy you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The Pure Kitchen Content, Representations, and Limitations of Liability, Indemnity, Jurisdiction and Miscellaneous provisions in this agreement shall survive any termination of this agreement.

PRIVACY POLICY

Pure Kitchen takes the utmost care and concern for your privacy while you are shopping on our Website. Click here to review our full Privacy Policy.