Terms and Conditions
Last updated: June 11, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions:
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Chef D's Pepper Company, 2007 Boylston Ave E Apt 101, Seattle WA, 98102.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Goods refer to the items offered for sale on the Service.
Orders mean a request by Customer to purchase Goods from Us.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between Customer and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Chef D Pepper Company, accessible from https://www.chefdpepperco.com/
Customer means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between Customer and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Customer access to and use of the Service is conditioned on Customer acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service Customer agrees to be bound by these Terms and Conditions. If Customer does not agree to any part of these Terms and Conditions then Customer may not access the Service.
Customer access to and use of the Service is also conditioned on Customer acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Customer personal information when Customer uses the Application or the Website and tells Customer about their privacy rights and how the law protects Customer. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods:
By placing an Order for Goods through the Service, Customer warrants that they are legally capable of entering into binding contracts.
Customer Information
If Customer wishes to place an Order for Goods available on the Service, Customer may be asked to supply certain information relevant to the Order including, without limitation, Customer name, Customer email, Customer phone number, Customer credit card number, the expiration date of Customer credit card, Customer billing address, and Customer shipping information.
Customer represents and warrants that: (i) Customer has the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information Customer supplies to us is true, correct and complete.
By submitting such information, Customer grants us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Customer Order.
Order Cancellation:
We reserve the right to refuse or cancel Customer Order at any time for certain reasons including but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in Customer Order
We reserve the right to refuse or cancel Customer Order if fraud or an unauthorized or illegal transaction is suspected.
Customer Order Cancellation Rights
Any Goods purchased by Customer can only be cancelled in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel your Order.
Customers right to cancel an Order only applies to Goods that have not yet been shipped.
We will reimburse Customer no later than 14 days from the day on which We receive the cancellation request. We will use the same means of payment as Customer used for the Order, and Customer will not incur any fees for such reimbursement.
Customer will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Customer's specifications or clearly personalized.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Customer's prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies:
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy:
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, Customer will have the right to cancel their Order.
Payments:
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, including but not limited to Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Customer's card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Customer Order.
Intellectual Property:
The Service and its original content (excluding Content provided by Customer or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us:
Customer assigns all rights, title and interest in any Feedback that Customer provides the Company. If for any reason such assignment is ineffective, Customer agrees to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites:
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Customer further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise Customer to read the terms and conditions and privacy policies of any third- party web sites or services that You visit.
Termination:
We may terminate or suspend Customer access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if Customer breaches these Terms and Conditions.
Upon termination, Customer's right to use the Service will cease immediately.
Limitation of Liability:
Notwithstanding any damages that Customer might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by Customer through the Service or 100 USD if Customer hasn't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to Customer "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Customer requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to Customer. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law:
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Customer use of the Service. Customer use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution:
If Customer has any concern or dispute about the Service, Customer agrees to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users:
If Customer is a European Union consumer, Customer will benefit from any mandatory provisions of the law of the country in which they are resident in.
United States Legal Compliance:
Customer represents and warrants that (i) Customer is not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) Customer is not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver:
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation:
These Terms and Conditions may have been translated if We have made them available to Customer on our Service. Customer agrees that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions:
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, Customer agrees to be bound by the revised terms. If Customer does not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us:
If you have any questions about these Terms and Conditions, You can contact us: By email: derek.nichols@chefdpepperco.com