TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VILLAGE KITCHEN, REDDING, CA. ("VILLAGE KITCHEN") STATING THE TERMS THAT GOVERN YOUR USE OF THE VILLAGE KITCHEN STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF VILLAGE KITCHEN'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND VILLAGE KITCHEN. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND VILLAGE KITCHEN MAY REFUSE ACCESS TO THE VILLAGE KITCHEN STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the Village Kitchen Store Service. Village Kitchen is the provider of the Village Kitchen Store (the "Service") that permits you to purchase physical goods such as Dinnerware, Drinkware, Cookware, and other like items - under certain terms and conditions as set forth in this Agreement.

2. Village Kitchen's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Village Kitchen's Privacy Policy, which is expressly made a part of this Agreement. If you have not already read Village Kitchen's Privacy Policy, you should do so now.

3. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Village Kitchen may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Village Kitchen may store and use the Registration Data you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit card account.

4. User Account and Security. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Village Kitchen of any unauthorized use of your Account or any other breach of security. Village Kitchen shall not be responsible for any losses arising out of the unauthorized use of your Account.

5. Purchase of Village Kitchen Merchandise.

a. Merchandise Responsibility.

Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Village Kitchen shall be without liability to you in the event of any loss, destruction, or damage.

e. Reviews, comments, communications, and other content.

Visitors may post reviews, comments, and other content; send e-gift cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a gift card or other content. Village Kitchen reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Village Kitchen and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Village Kitchen and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Village Kitchen or its affiliates for all claims resulting from content you supply. Village Kitchen has the right but not the obligation to monitor and edit or remove any activity or content. Village Kitchen takes no responsibility and assumes no liability for any content posted by you or any third party.

6. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Village Kitchen may charge your credit card account for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING VILLAGE KITCHEN WITH A VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your credit card account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until Village Kitchen can verify the validity of the new credit card account information.)

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

7. Delivery of Products. Village Kitchen will ship its merchandise to you via the agreed upon shipping method. Since all merchandise is inspected prior to shipment, any damages will fall under the damages policy. Refusing or failure to accept a shipment will incur additional fees and charges including, but not limited to a $15 or 30% restocking fee, whichever is greater, additional shipping charges for the return, and will be treated as a return and subject to our return policy for either an order or special order as applicable. In rare cases if we find that the cost to us exceeds the recoverable amount, you authorize us to draw additional funds from your account to cover the difference. Recoverable amount means any remaining funds left on the customer’s account balance once any other external source has been paid for their portion of servicing your order, such as the package transport company’s fees to us. It is your responsibility to ensure accurate delivery details. Failure to do so may incur special shipping charges which you authorize us to collect from yourself, or from your credit card.  

8. Cancellation, Returns and Refunds.

a. Cancellation of Order. For the intention of this section, Processing or Processed means that the order has been fully accepted by us and prepared for shipment.  For Special Orders please see the next subsection. Orders that have not been processed or shipped may be cancelled. A $15 cancellation fee may be applied at our discretion on orders cancelled within 30 days. After 30 days, you may cancel without penalty. Orders that have been processed or shipped may not be cancelled and falls under our return policy. Please allow up to two business days for us to receive and process your cancellation request. Clearly stating “cancellation request” in the subject area of e-mail communications may expedite your cancellation request.

b. Cancellation of Special Orders. Special orders cannot be cancelled at all unless mutually agreed upon by both you and Village Kitchen. Otherwise, all special orders are considered final and non-refundable.

c. Returns of Orders. Orders may be returned to us, but you must contact us and request an RMA within 14 days of receipt of the order. Past 14 days orders may not be returned at all, for any reason unless Village Kitchen chooses to allow an exception. Certain merchandise are excluded from returns such as customized items, closeout merchandise, clearance merchandise, and consumables. All returns must arrive at our physical location within 14 days of the issuance of the RMA. You are responsible for arranging return shipment to our physical location. All returned merchandise must be received in new, unused and intact condition or they will be rejected. All merchandise must have all of their original packaging, manuals, registration, documents, and accessories related to the merchandise or the return will be rejected. Items that are rejected due to being used, damaged, or having a false RMA number, or for any other reason not explicitly listed but reasonably allowed will not be accepted for an return. It is your obligation to pick up and secure transport of rejected items back to yourself. Village Kitchen assumes no responsibility or obligation to ship back rejected items. Items not picked up within 14 days will be destroyed.  All returns may have a 15% restocking fee applied to them, to be deducted from the merchandise amount to be paid back to the customer. Shipping and Handling charges are non-refundable.

d. Returns of Special Orders. Special orders cannot be returned for any reason. Defective merchandise will be handled under our defective merchandise policy. Damaged Merchandise will be handled under our damaged merchandise policy.

e. Refunds. Please allow up to 14 days for us to inspect the merchandise and to make a determination as to whether a refund shall be issued, and to issue a refund.

9. Defective Products. We attempt to make every reasonable effort to inspect all merchandise before shipment. Occasionally defects can be concealed, or surface at a point after the inspection process. It is your responsibility to inspect all merchandise immediately upon receipt and contact us immediately if a defect is found. Your recourse regarding defective items is limited to replacement of the defective merchandise. If a replacement cannot be procured at all, then you are entitled to a refund limited to the amount of the defective merchandise. Village Kitchen shall be the sole determinator as to whether an item is defective. Items that Village Kitchen determines are not defective may be covered under the manufacturer’s warranty. Village Kitchen can supply you with the manufacturer’s contact information. Cosmetic or minor surface flaws may not be covered unless considered severe, excessive and detrimentally affecting the product. Current glass processes may produce some slight flaws that are not readily rectified, and are considered part of the normal manufacturing process. If the customer misrepresents the condition of a product as being defective, Village Kitchen will impose a 30% restocking fee, plus any other fees incurred during the course of handling the defect, including, but not limited to shipping and handling fees for picking up the merchandise.

10. Damaged Products. Products that you receive as being damaged will generally be assumed to have occurred in transit to you. Village Kitchen makes every reasonable effort to inspect all products before shipment. Damage may occur during shipment despite protective packaging. All title and risk are passed to you once the product ships out of our warehouse. Your recourse for damaged products lies with the carrier. Please note that the carrier may have very stringent time limits regarding reporting damages. Please inspect all packages immediately. We are willing to assist you in reporting damage to your merchandise, and arranging replacements. You have 7 days after receipt of the package to inspect the merchandise and report any damages to us. Failure to do so will absolve us of any obligation to repair or replace the damaged product, and your ultimate recourse lies with the carrier.

11. Communication. When contacting Village Kitchen, e-mail is the primary form of communication. If you cannot reach us by telephone, you must either e-mail us or use the contact us form on our website. Please ensure that your e-mail system is set up to allow communications from villagekitchen.com.

12. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics and editorial content, contains proprietary information and material that is owned by Village Kitchen and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of Village Kitchen Content or Other Materials. Notwithstanding any other provision of this Agreement, Village Kitchen and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Village Kitchen be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Village Kitchen may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the Village Kitchen Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Village Kitchen and/or its licensors. THE USE OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. Village Kitchen, the Village Kitchen logo, Village Kitchen, and other Village Kitchen trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Village Kitchen in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

13. Termination.

a. Termination by Village Kitchen. If you fail, or Village Kitchen suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Village Kitchen with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or infringement or other violation of third parties' rights, Village Kitchen, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. Village Kitchen reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Village Kitchen will not be liable to you or to any third party should it exercise such rights.

14. General Compliance with Laws. The Service is controlled and operated by Village Kitchen from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

15. Enforcement of These Terms. Village Kitchen reserves the right to takes steps Village Kitchen believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Village Kitchen's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Village Kitchen has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Village Kitchen believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Village Kitchen's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

16. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Village Kitchen may provide links to certain third party Web sites. You acknowledge and agree that Village Kitchen is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Village Kitchen does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Village Kitchen is not in any way responsible for any such use by you.

17. Disclaimer of Warranties; Liability Limitations.

a. VILLAGE KITCHEN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME VILLAGE KITCHEN MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY VILLAGE KITCHEN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. VILLAGE KITCHEN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND VILLAGE KITCHEN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

d. VILLAGE KITCHEN DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VILLAGE KITCHEN DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE VILLAGE KITCHEN STORE THAT ARE STORED IN YOUR SYSTEM.

18. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD VILLAGE KITCHEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY VILLAGE KITCHEN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM VILLAGE KITCHEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF VILLAGE KITCHEN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

19. Changes. Village Kitchen reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Village Kitchen Store following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

20. Notices. Village Kitchen may send you notice with respect to the Service by sending an email message to the email address listed in your Village Kitchen Account contact information, by sending a letter via postal mail to the contact address listed in your Village Kitchen Account contact information, or by a posting on the Village Kitchen Store. Notices shall become effective immediately.

21. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Village Kitchen or relating in any way to your use of the Service resides in the courts of the State of California.

22. Miscellaneous. These Terms of Service constitute the entire agreement between you and Village Kitchen and govern your use of the Service, superseding any prior agreements between you and Village Kitchen. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Village Kitchen's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Village Kitchen will not be responsible for failures to fulfill any obligations due to causes beyond its control.