Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH COOKING TREASURES. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
This Sale Agreement is a legal
contract between the Customer and COOKING TREASURES. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or otherwise shopping on
the Site. (References to "you" or "your" shall relate to the Customer;
references to "COOKING TREASURES" shall relate to COOKING TREASURES and its
affiliates.) The terms and conditions of this Sale Agreement are subject to
change without prior notice, except that the terms and conditions posted on the
Site at the time the Customer initially places or modifies an order will govern
the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and COOKING TREASURES relating to the purchase or sale of
goods or services on the Site. The Sale Agreement may only be modified or
terminated with regard to goods or services that have been purchased or sold on
the Site in a writing signed by COOKING TREASURES. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be
provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting COOKING TREASURES at the
address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF QC, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
USA-CANADA COUNTY, QC FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
COOKING TREASURES is COOKING TREASURES's responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
COOKING TREASURES HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
COOKING TREASURES IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
All products sold by COOKING TREASURES
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, COOKING TREASURES makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
All pricing subject to change. For
all prices, products and offers, COOKING TREASURES reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While COOKING TREASURES uses
reasonable efforts to include accurate and up-to-date information on the Site,
COOKING TREASURES makes no warranties or representations as to the Site's
accuracy. COOKING TREASURES assumes no liability or responsibility for any errors
or omissions in the content on the Site.
Limitation of Liability
COOKING TREASURES WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. COOKING TREASURES WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, COOKING TREASURES IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Orders; Payment Terms; Interest;
Orders are not binding upon
COOKING TREASURES until accepted by COOKING TREASURES. Terms of payment are within
COOKING TREASURES's sole discretion. Invoices are due and payable within the time
period noted on the invoice, measured from the date of the invoice.
COOKING TREASURES may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
FREE SHIPPING is only available for the USA Continental and
Canada (except the Territories). Shipping and handling charges on all orders
vary; contact your COOKING TREASURES account manager for our most current and
competitive rates, options and shipping specials. For the Customer's protection,
we ship only to the verified billing address of the Customer's credit card. In
some circumstances, international shipping may be available. Call for details.
The following refund policy applies to all products except
those stating their own refund policy with the product
- COOKING TREASURES offers a 0 days return
policy on selected items based on manufacturer return policies. For further
information not listed, please contact your COOKING TREASURES account manager.
- Please call 1-347-779-9685 or e-mail our Returns
Department at Sales@CookingTreasures.com to obtain a Return Merchandise Authorization
(RMA) number before shipping your product. NO returns of any type will be
accepted without an RMA number. For faster service, please have the following
information on hand when calling for an RMA number: customer name, invoice
number, serial number and nature of the problem.
- All products returned MUST: be unused (in
resellable condition) , 100 percent complete, contain ALL original boxes and
packing materials, have original UPC codes on the manufacturer boxes, contain
all manuals, blank warranty cards and other accessories and documentation
provided by the manufacturer.
- All returns must be 100% PREPAID. YOU ARE
RESPONSIBLE FOR ALL SHIPPING CHARGES INCURED (Handling, Transport, Custom
duties, Etc..) ON RETURNED ITEMS. Any returns received COLLECT (transport,
duties, etc.. ) will be REFUSED and returned at your cost.
- COOKING TREASURES strongly recommends you fully
insure your return shipment in case it is lost or damaged and you use a
carrier that can provide you with proof of delivery for your protection.
- If merchandise arrives damaged: it is best to
REFUSE it back to the carrier attempting delivery. If you accept the package
make sure it is noted on the carrier's delivery record in order for
COOKING TREASURES to file a damage claim. Save the merchandise AND the original
box and packing it arrived in, notify COOKING TREASURES immediately to arrange
for a carrier inspection and a pick up of damaged merchandise. If you do not
notify COOKING TREASURES of damaged goods within the first 15 days of arrival,
our regular return policy will override any claim of damage, and will fall
under all current manufacturer restrictions. Call 1-347-779-9685 or your
COOKING TREASURES account manager to arrange for carrier inspection and a pick
up of damaged merchandise.
- DEFECTIVE returns can be returned directly to
COOKING TREASURES within 0 days from the invoice date, at
COOKING TREASURES's discretion for: credit, replacement, exchange or repair.
- Manufacturer restrictions do apply and are outlined
in our detailed policy. Any item that is missing the UPC can ONLY be replaced
with the same item. After 0 days, all manufacturers' warranties
- NON-DEFECTIVE returns can be accepted directly by
COOKING TREASURES within 0 days from the invoice date, at
COOKING TREASURES's discretion for: credit, exchange. All NON-DEFECTIVE returns
are subject to a 15 percent restocking fee.
- Due to manufacturers' policies, COOKING TREASURES
cannot accept returns of the following items for exchange, replacement or
credit FOR ANY REASON: (COOKING TREASURES exceptions). DEFECTIVE merchandise can
be returned for REPAIR ONLY to: COOKING TREASURES, the manufacturer direct or
any authorized service center in your area. Additional manufacturers may be
added to this list as: manufacturer policies change, manufacturer goes out of
business or in the case of specially ordered items.
- The BUYER is responsible to make sure there is
someone to receive the package where it is shipped. Signature required (No
exceptions)! We will email you the Tracking number when it is shipped and you
can easily track it online. Please make sure to provide a valid shipping
address (NO P.O. boxes ). It will be shipped via regular ground transport
service (approx. 7 - 11 working days to arrive). Allow extra time if customs
are involved. If the package is returned "undeliverable" , it WILL NOT be
resent and any incured return transport costs with original shipping costs
will be deducted from the refund of the purchase.
COOKING TREASURES reserves the right to authorize
product returns beyond 0 days from the invoice date.
shipping charges are NOT refunded on returned items. Customers are responsible
for all shipping charges back to COOKING TREASURES on returned items. Although we
offer "FREE SHIPPING", we DO incure shipping charges and will be DEDUCTED from
Special Products Return Policy
Only defective software and DVD movies can be returned to
COOKING TREASURES. The return must take place within 0 days of
invoice date and may only be replaced for the SAME software or DVD movie title.
Unopened software may be returned for refund or exchange within 0
days of invoice date. Multiple software licenses cannot be returned for refund
or exchange unless first authorized by the manufacturer. Multiple software
licenses cannot be returned for refund or exchange unless first authorized by
the manufacturer. Multiple licenses may not be returned beyond 0
days for any reason.
Check payment policy
COOKING TREASURES will accept a cashiers check or money order on
all COD orders. COOKING TREASURES will accept personal or business checks up to
$12,000 at our two showroom locations, subject to verification. COOKING TREASURES
will accept personal and business checks for prepay orders, but allow 10
business days for clearing.
Credit card charges are processed online after ordering the
products and/or services. Time of shipment is less than one week.
COOKING TREASURES does not apply any surcharge for credit cards.