TERMS AND CONDITIONS OF PURCHASE AND USE
Acceptance of Terms and Conditions of Purchase and Use
Gourmet Cooking ("we," "our" or "us"), owns and operates the Gourmet Cooking websites ("Site"). The terms and conditions ("Terms") that appear below constitute a contract between you and us and govern the use of this Site and transactions between you and us. By using the Site, you acknowledge having read and understood and agreed to these Terms. If you do not wish to be bound by these Terms, do not use the Site and do not order products through the Site.
We may occasionally change these Terms. Please refer to the Site for changes to them.
Terms of Purchase Price
Product prices are stated at the Site. We may and reserves the right to modify product prices, shipping & handling and any other charges at any time.
Return and Refund Policy.
At the time of purchase, you may have been offered an automatic shipment ("auto-ship") and/or one-time plan for our products. The price for the products was stated to you at the time of purchase. If you chose an auto-ship plan, the price of your initial purchase is charged, on the date of shipping, to the credit/debit card you provided at the time you ordered, and the price of further purchases will be automatically charged to the same credit/debit card at the interval you agreed to at the time of your initial purchase. You can cancel your auto-shipment at any time and have no further obligation. You will continue to be billed for any remaining product you have on hand unless that product is returned. You may return your remaining product for a refund less shipping and handling charges upon request for a refund and return of the product within 30 days of being charged. Cancellation and refund requests must be made by phone by calling the number on the website or by mail to Attn: Cancellations, PO Box 1952, Vista, CA 92085-1952. If you chose the one-time offer, the charge will be automatically billed, at time of shipping to the credit/debit card you provided at the time of purchase. If you used a credit card, you may be subject to a preauthorization at the time you place your order. The preauthorization is not a charge to the credit card. However, the then applicable full price for the products you ordered may be reserved against your available credit card limit.
Product Availability, Delivery and Transfer of Title
We do not control and therefore cannot guarantee availability of an ordered product. If we are unable to deliver an ordered product to you due to insufficient inventory, we will notify you and you may do one of the following things: 1) request that the product be delivered when it becomes available, in which case you will be charged for the purchase only at that time; or 2) cancel and request that the product not be delivered, in which case you will not be charged. We are not responsible for, and disclaim any responsibility for, any damage you may suffer due to unavailability of a product you ordered.
We will deliver the products you ordered upon receipt of full payment for the purchase. The products will be delivered to the address you provided at the time of the order. We will make best efforts to deliver the products in a safe and timely fashion, however, we are not responsible for and disclaim any responsibility for events beyond our control including, without limitation, acts of God, transportation, mechanical or other system failures or interruptions, weather conditions, strikes or other business interruptions, or acts of public authorities, including customs and health officials, that prevent or delay shipment. Title to the products you ordered passes to you, and you become the owner of them, at the moment they are transferred to the shipping carrier for delivery to you. Except as otherwise may be provided herein, at the moment of transfer to the carrier you assume all risk associated with those products and we are not liable for their loss, damage or destruction.
Delivery of product is subject to the rules of the shipping carrier used by us, in particular, those covering signature acknowledging receipt of product. If you are absent from the delivery point designated by you at the time of delivery, it is your responsibility to recover the products according to the rules of the shipping company that is attempting to make delivery to you.
Any limited warranties provided by the manufacturers of our products are included in the documentation provided with the products and can be found at the Site. There are no warranties for services. We make no express warranties except those stated in any applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and we or the product manufacturer will be obligated to honor any such warranties, only upon our receipt of full payment for the item to be warranted. Except as otherwise stated, your use of the Site and purchase of products from us is solely at your own risk.
Limitation of Liability and Disclaimer of Warranties
We expressly disclaim all warranties either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, provided, however, that this disclaimer does not affect the terms of any manufacturer's warranty that may be provided.
We do not accept liability beyond the remedies set forth herein, including any liability for unavailability of product or provision of services and support. We are not liable for lost profits, loss of business, personal injury 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. You agree that for any liability related to the purchase of products or services bundled with the products, we are not liable, if at all, for any amount of damages above the aggregate dollar amount you paid for the purchase of the products or services.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages. In such jurisdictions our liability shall be limited to the extent permitted by law.
Access and Interface
By accessing the Site for information about our products, to purchase our products or for any other reason, you agree that you will not use any robot, spider, other automatic device or otherwise to monitor or copy the Site web pages or the content contained therein without our express written consent. You further agree that you will not use any device, software or other method to interfere with the proper working of the Site. We reserve the right to terminate your access to the Site at any time, with or without your consent.
You acknowledge and agree that our Site and any necessary software used in conjunction with it contain proprietary and confidential information that is protected by intellectual property and other laws. You further acknowledge and agree that content contained on our Site is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Site or software, in whole or in part.
We grant you a personal, nontransferable and nonexclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to access our Site by any means other than through the interface that is provided by us for use in accessing the Site. You may not frame or utilize framing techniques to enclose any trademark, logo or other information (including images, text, page layout, or form) of us or our affiliates without our express written consent. You may not use any meta tags or any other hidden text utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or limited license granted to you by us and subjects you to potential legal action.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property, our suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all content on the Site is our exclusive property and is protected by United States and international copyright laws. All software used on the Site is our property or our software suppliers and is protected by United States and international copyright laws.
Marks indicated on our Site are registered trademarks or service marks of us or our affiliates and/or subsidiaries, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts and service names are trademarks, service marks or trade dress of us or our affiliates and subsidiaries. Our trademarks, service marks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that we do not owned by us, our affiliates or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us, our affiliates or our subsidiaries.
Use of Information and Ideas Submitted
You hereby acknowledge and agree that we are free to use any comments, information, ideas, concepts, reviews, techniques or other information (collectively, "Ideas") contained in any communication you may send to us or have with our representative, and we shall have no obligation to compensate you in any way for the Ideas provided by you that are used by us for commercial purposes, including use by us in designing, developing, manufacturing and marketing products and creating, modifying or improving upon ours or other products, services or websites affiliated with us. In posting, displaying or otherwise communicating any such Ideas on our Site, you hereby grant to us a non-exclusive license to display, use, reproduce or modify the Ideas.
No Resale of Our Products or Services
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any of our products or services.
Upon request of us, you agree to defend, indemnify and hold harmless us and our affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims and expenses, including without limitation reasonable attorney's fees, from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will cooperate with us in asserting any available defense.
Any claim, dispute, or controversy against us, our agents, employees, successors, assigns or affiliates arising from or relating to your use of the Site and/or purchase of products from us, our advertising or these Terms, their interpretation, or the breach, termination or invalidity thereof, shall be resolved exclusively and finally by binding arbitration under the Rules of the American Arbitration Association. The arbitration will be limited solely to the dispute between you and us. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Governing Law and Forum
These Terms are governed by California law. Any action to enforce or interpret them, and any arbitration to resolve a dispute under them, shall be initiated and maintained exclusively in San Diego County , State of California . The parties irrevocably submit to the jurisdiction of the courts in San Diego County and waive all objections they otherwise may have to jurisdiction or venue.
Severability and Integration
Parties in Interest
Nothing in these Terms is intended to confer any rights or remedies under or by reason of these Terms on any persons other than the parties to these Terms.
Notices to you may be made via either email or regular mail. We may also make changes to these Terms or other matters by displaying notices at the Site.