Terms & Conditions
Last updated: 6th April, 2021
About These Terms and Conditions
Global Retail Brands USA LLC ("we" "us") operates a website, www.cuisinepro.com(our "Site") and the Site, the products available for purchase on the Site (“Products”) and related services are made available to the Customer ("you") pursuant to the following Terms of Conditions, our Shipping & Delivery and Returns policies and any other policies posted on our Site from time to time (collectively, the "T&C's"). Please read the T&C's carefully before placing any orders on our Site.
We recommend you should keep a copy of the T&C's for future reference. We may modify the T&C's at any time. By accessing or using this Site, you agree to these terms & conditions of use. If you do not agree to these terms you may not use this site.
These T&C’s also apply to the sale of any of our Products via methods other than the Site, including sales by telephone, email or other means, unless otherwise specified in writing.
NOTE: THESE T&C’S CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE T&C’S AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Eligibility to purchase
This Site is intended solely for users who are eighteen (18) years of age or older and it is a breach of these T&C’s for anyone under 18 to register for or purchase from the Site.
In order to make a purchase through the Site, you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated.
Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the billing information provided.
Acceptance of Your Order
How You Place Orders.
You may place an Order by selecting Products from our site, proceeding through our checkout and payment process and clicking the “Submit My Order” or "Pay Now" button. Once your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your Order, just a confirmation that we have received it.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these T&C's. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation and invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
We reserve the right not to accept or reject your Order if:
· We are unable to obtain authorization for payment;
· The Product ordered is out of stock;
· The Product does not satisfy our quality control standards and is withdrawn;
· You do not meet the eligibility criteria set out within the T&C's;
· The Product ordered is subject to an error on the website, for example, in relation to a description, price or image; or
· An event beyond our control, such as storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the Product within a reasonable time.
To the extent permitted by law, we reserve the right to refuse to process and therefore accept a transaction, cancel an Order that we have previously accepted, refuse service to anyone, at any time and for any reason, at our discretion.
We will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
We currently accept Visa, MasterCard, AMEX, JCB, Discover, Diners, Elo, PayPal, GooglePay, ShopPay, Apple Pay
We will email an invoice to you with your Order Confirmation. Payments will be debited and cleared from your account upon placing of your Order. By making a payment you confirm that the credit/debit card or payment account that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card or payment account to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
Prices and Taxes
Product prices shown on the Site are in US dollars and do not include any applicable sales taxes, which shall be added at checkout.
Your Data - Use and Protection
Credit Card Fraud
While we employ Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
We will take all reasonable care to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
Fraud Protection or Prevention Procedures
To help ensure we remain a safe and secure place for customers to transact we may ask you to confirm your identity by confirming information that you’ve provided us is correct. Our process is to contact you either by phone or email with a request to confirm certain information. This may occur when you open your account or when you make an online purchase. In addition, from time to time we may need to ask you for some extra information so that we can adequately identify who you are. This information will only ever be collected for the purposes of confirming your identity. Our process is entirely voluntary, however if you do choose not to confirm or provide the information we ask for then we may unfortunately not be able to continue to process your order. If we need to confirm your identity, we’ll attempt to contact you soon after you have placed your order. If we can’t confirm your identity within 7 days we will cancel your order and process a refund within 24 hours of our last attempt to contact you.
We have made every effort to display as accurately as possible the colors of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
2. Pricing and Stock availability
We always seek to list Products with the most competitive prices. We are constantly revising our offerings of products, and we may discontinue products at any time without notice. All pricing for our products is subject to change. We reserve the right to change prices for Products displayed on the Site at any time before you submit an Order. We otherwise reserve the right to make adjustments due to changing market conditions,
currency fluctuations, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart. Please refer to Shipping Charges below for more details.
Unless otherwise stated, any accessories shown in any image of products are not included in the price.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. The site may contain errors, omissions, faults or inaccuracies and may not be complete and current. We reserve the right to make changes and corrections in prices, products, and specifications without notice. If there is a pricing error on the website we will endeavor to correct as soon as possible. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If your order is cancelled after you have paid for the goods, you will receive a full refund in the same tender as your original purchase.
Coupons and Discounts
Any coupon codes, including free shipping or discount offers, are valid at the time of order placement only and must be entered in correctly at the relevant point in the payment process for you to be eligible for the offer promoted by the coupon. Coupon offers will not be valid or honored on Orders successfully placed if used incorrectly or inappropriately. We reserve the right to cancel any order relating to a coupon code that we deem to have been used incorrectly or inappropriately.
Coupon codes are also not to be shared publicly. Sharing codes on a public forum is a breach of our T&C’s. It is your responsibility to read specific details about a coupon code, which may outline what it can or cannot be used for. For example, whether it requires a minimum spend or whether it applies to a specific range of products or available to a specific group of people only.
Use of this Site
By using this Site, you promise that you are at least 18 years of age.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site.
You may not upload to or in any way amend or deface our Site or allow it or cause it to be used for any purpose that is not lawful and you must abide by all applicable laws, regulations and codes of conduct.
In particular, you must not use our Site in any way to:
· Disparage, defame, abuse, harass, stalk, threaten or otherwise offend others including us.
· Send unsolicited emails or spam as though, from or via our Site.
· You must also not use our Site in any way to send to others anything that contains viruses, or other computer code, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this Site on a temporary or permanent basis.
You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these T&C’s or any other legal obligation by you or your use of or conduct on our Site. These terms also apply to any social networking sites.
Social Networking Sites
All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect our opinions or ideas or our employees and we are not responsible for any such content.
Third Party Websites
We may include links on this Site to other websites or resources operated by parties other than us. We have not reviewed all of the websites or resources linked to its Site and are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages or resources nor for the availability of such external websites or resources, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence 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 such external websites or resources.
To the extent permitted by law, we are not liable for any delay in performing any of its obligations under these T&C’s if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Intellectual Property Rights
Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all
HTML and other code contained in this Site. All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorized by us and/or our third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Compensation and Liability
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these T&C's.
Disclaimer of Warranties
THIS SITE AND THE PRODUCTS (EXCEPT AS EXPRESSLY PROVIDED HEREIN) ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SITE AND THE PRODUCTS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE OR THE PRODUCTS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that this Site or the Products will meet your requirements or that this Site will be uninterrupted, timely, secure, or error free or that defects in this Site or the Product will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No
advice or information, whether oral or written, obtained by you through this site or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE
Any submissions by you to us (e.g., comments, questions, information, suggestions, data, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please Read This Provision (the “Provision”) Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other
legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Us in the same proceeding.
This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these T&C’s constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these T&C’s and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at email@example.com the following information: (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE T&C’S (the “Opt-Out Deadline”). You may opt-out of
this Provision by emailing us at firstname.lastname@example.org the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because this Site and these T&C’s concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties,
except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either California or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these T&C’s, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Site. Notwithstanding any provision in these T&C to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: this Site is provided by Global Retail Brands USA LLC , 6159337, email@example.com, 8585 Santa Monica Blvd, West Hollywood, CA, 90069
If you have a question or complaint regarding the Site, please contact Customer Service at firstname.lastname@example.org You may also contact us by writing Global Retail Brands USA LLC , 6159337, email@example.com, 8585 Santa Monica Blvd, West Hollywood, CA, 90069. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
You acknowledge that if you breach the T&C's and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C's. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C's in any way.
You may not assign any rights and obligations under these T&C’s whether in whole or in part without the prior written consent of us. Any unauthorized assignment shall be deemed null and void.
You acknowledge and agree that the T&C's together with all our policies and procedures will be governed by and construed in accordance with the law of California, and the relevant courts of California, will have exclusive jurisdiction.
Reading down & severability, inconsistency
If any portion of these T&C's is or becomes contrary to any US law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C's and the rest of the T&C's will not be affected by the severance. If any portion of these T&C's is inconsistent with any other policies or terms constituting these T&C's, then these T&C's will prevail to the extent of the inconsistency.