IN-STORE APPLIANCES TERMS & CONDITIONS
Thank you for selecting La Cuisine, LLC dba La Cuisine Appliances ("LCA") as your kitchen products provider. We appreciate your business. Please take a moment to review La Cuisine Appliances ("LCA") Standard Terms and Conditions of Sale applicable to this Quotation and to Any Sale by LCA resulting therefrom.
All orders accepted by LCA are governed by, and subject to these Standard Terms and Conditions of Sale. Buyer hereby agrees to these Standard Terms and Conditions of Sale for all orders placed.
Prices LCA quoted prices do not include any present or future sales, use, and excise, value-added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by the Buyer. Prices contained in any LCA quote are firm for 90 days, unless the Quote expressly provides for a longer period. LCA reserves the right to increase prices during the term of any project with 30 days prior notice. All sales are made f.o.b. point of shipment LCA warehouse and title is thereby transferred to the Buyer. All of LCA pricing information provided to Buyer is confidential information and shall not be disclosed to any other persons. LCA may deduct, withhold or setoff any amounts that Buyer owes to LCA ("Buyer Indebtedness"), whether such Buyer Indebtedness is in dispute or not, and whether or not such Buyer Indebtedness arises out of a merchandise purchase or any other transaction between LCA and Buyer.
Payment A minimum of 50% deposit is required at the time of placing the ORDER, and ORDER must be paid in full before delivery. If the delivery is less than 30 days, 100% of the total payment of your ORDER is required.. For Retail sales we accept check, wire transfers, Visa, MasterCard, Amex and Discover. Credit cards are accepted for the first deposit only – wire transfer or check will be the only payment method accepted for order balances before shipping. For Builder sales we only accept wire transfer and check. For your protection all credit cards and cardholders must be present at the time of payment.
Documentation The Buyer is responsible for supplying LCA directly or through their freight forwarder all proof of export documents (i.e. Bill of Lading including the description of products, LCA invoice number and describing LCA as the seller) for every invoiced product. Buyers who fail to provide such documentation within 10 days of shipping merchandise will be charged Florida Sales Taxes according to the amount invoiced plus a $280 Administration Fee.
Product Availability LCA shall not be liable for any delay or failure to obtain specific merchandise models resulting from a manufacturer discontinuing or being unable to supply such merchandise. LCA at its sole discretion may choose to offer a comparable substitute model with no additional liability to the customer.
Delays LCA shall not be liable for delays or failure to perform its obligations under this Terms and Conditions of Sale resulting from acts of nature, war, terrorism, strike, union-jurisdictional dispute, slowdown, weather, mechanical breakdown, failure in source of supply, delays in delivery of merchandise for reasons beyond LCA’s reasonable control, or other causes or circumstances beyond LCA’s reasonable control. In the case of any of these occurrences, deliveries shall be resumed when disabilities caused by these occurrences have ceased to exist. In the event that the disabilities exist for 30 days or more, LCA may, at its sole discretion, elect to terminate these Terms and Conditions of Sale as to all undelivered merchandise.
Delivery Confirmation Two (2) to seven (7) days prior to the scheduled delivery, LCA or its delivery representative will contact customer or the customer specified contact person to verify that the delivery site is ready and prepared to receive the merchandise. LCA must receive direct and positive confirmation from the customer or the customer specified contact person no later than (2) two days prior to the scheduled delivery date or LCA will not attempt delivery and delivery must be rescheduled. Missed delivery appointments after LCA’s receipt of positive confirmation or same day delivery cancellations are subject to full re-delivery charges to the customer. Price(s) for any undelivered or re-delivered merchandise will be subject to the then current delivery charge amount regardless of when the order was originally placed. LCA is not responsible for damages to items that were not properly removed, prior to our arrival. Delivery crews are not authorized to move any items other than the products being delivered.
Delivery Merchandise will not be held by LCA longer than 20 days after the confirmed delivery date. In cases where Buyer wishes product to be delivered at a later time, specific date must be clearly specified in writing by the Buyer. If no required date is listed on the ordering document LCA will assume that the order will be delivered once the product arrives into our warehouse and product has been paid in full charging the remaining balance to the original credit card provided by the Buyer. Standard delivery charges are based upon a two-person delivery team and merchandise location must be accessible by hand truck. Deliveries to second stories and/or deliveries requiring additional people, equipment, or services are to be identified in advanced and may result in additional charges to customer prior to delivery. Re-delivery charges are applicable in cases where standard delivery was scheduled and additional people, equipment or services were deemed necessary to complete delivery. Scheduling of customer's own installers (i.e. plumbers, electricians, etc.) is not recommended on the day of merchandise delivery. LCA will not be held liable for any expenses and/or charges incurred by customers due to cancellations or scheduling of any such installers.
Delivery Access The following conditions must be present at the delivery site to ensure that LCA can complete the requested delivery: Clear and free path of access to the delivery area. Paved driveway and entryway. First or second story delivery specified on the delivery receipt. Notate elevator/lift access. Railings installed on stairs and walkways if above the first floor. Water and electricity provided for testing if hook-up of the merchandise is required. In case conditions at delivery address don’t permit delivery of products, the delivery will be cancelled and a charge for a redelivery must be paid in full prior to next delivery attempt.
Inspection It is the customer's or customer authorized representative's responsibility to inspect the merchandise and the premises at the time of delivery for any damage (i.e. dents, scratches). If any damage is found, it must be noted on the delivery receipt at the time of delivery. Customer or customer's authorized representative must report any damage to a LCA customer service representative within one (1) business day of delivery of the merchandise. LCA reserves the right to refuse to accept returns or to provide exchanges if the aforementioned requirements are not satisfied by customer, and in no event, more than 10 days after the delivery of the merchandise. Claims for damage to customer's premises or to the merchandise not noted on the delivery receipt at the time of delivery will not be honored.
Installation Installation charges are based on the installation work meeting the criteria of a standard installation. Additional charges for non-standard installation work will be determined and charged at the time of delivery / installation. By choosing to install the products yourself or using third-party not authorized and well- trained by the manufacture(s) could void your product warranty. LCA will not do any cutting, drilling or modifications to the original product or its components or accessories.
Warranty All merchandise is subject to the limits of the remaining manufacturer's warranty, if any. Manufacturer assumes responsibility for merchandise functionality and performance issues. Service or replacement after delivery is at the discretion of manufacturer. Extended warranty agreements are available for an additional charge, please ask LCA sales associate for details. The applicable manufacturer’s warranty, if any, constitutes the sole and exclusive warranty with respect to any products purchased by Buyer from LCA. LCA provides no separate warranty for the merchandise. THE WARRANTIES SET FORTH IN THIS SECTION SUPERSEDE AND ARE EXPRESSLY PROVIDED IN PLACE OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY LCA AND WAIVED BY BUYER.
Limitation of Liability In no event shall LCA or its affiliates be liable to customer for any special, indirect consequential or incidental damages relating to the delivery, installation, use, maintenance, or replacement of any merchandise or any breach of this Terms and Conditions of Sale by LCA, its assignees or delegates. LCA’s total liability to customer or any other person arising out of, connected with or resulting from the merchandise and services provided under this Terms and Conditions of Sale, whether arising in contract, warranty, tort or any other legal theory, shall in no event exceed the total amount paid by customer to LCA under this Terms and Conditions of Sale. LCA is not obligated for any liquidated damages under this Terms of Conditions of Sale.
Storage / Restocking Fees Complete orders cannot be held for more than 20 days. On the 21st day a 4% Storage Fee will be applied and every 40 days a 4% will be applied after that. On the 181st day, the order will be canceled and a 35% Restocking Fee will be automatically charged to the Buyer’s transaction.
Return Policy LCA relies on our customers to carefully choose merchandise based on their needs and specifications before purchase. LCA makes no representations or warranties with respect to the suitability of particular merchandise for Buyer’s needs or any other implied warranty of fitness for a particular purpose. Returns and exchanges of conforming special order merchandise are not allowed. Returns or exchanges of conforming merchandise (other than special order merchandise) are subject to LCA management's approval, and if approved, are subject to restocking fee of 30% of the purchased price, plus freight charges. LCA will not refund or exchange product once it has been uncrated. Open box items and display products are sold "as is" and are non-returnable.
Applicable Law The laws of the State of Florida shall govern these terms and conditions. In the event of any litigation or arbitration arising out of or related to the merchandise or services or the sale of any merchandise pursuant to these terms and conditions , the prevailing party shall be entitled to recovery its reasonable attorney’s fees and costs.
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WEB TERMS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of lacuisineappliances.com. The collective work includes works that are licensed to lacuisineappliances.com. Copyright 2003, lacuisineappliances.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with lacuisineappliances.com or purchasing lacuisineappliances.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with lacuisineappliances.com or to purchase lacuisineappliances.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by lacuisineappliances.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of lacuisineappliances.com used in the site are trademarks or registered trademarks of lacuisineappliances.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, lacuisineappliances.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. lacuisineappliances.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. lacuisineappliances.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
lacuisineappliances.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if lacuisineappliances.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a lacuisineappliances.com product is mistakenly listed at an incorrect price, lacuisineappliances.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. lacuisineappliances.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, lacuisineappliances.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by lacuisineappliances.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
lacuisineappliances.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to lacuisineappliances.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of lacuisineappliances.com products) shall be in the state or federal courts located in Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of lacuisineappliances.com products) must be commenced within one (1) year after the claim or cause of action arises. lacuisineappliances.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. lacuisineappliances.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a lacuisineappliances.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
lacuisineappliances.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, lacuisineappliances.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, lacuisineappliances.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to lacuisineappliances.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless lacuisineappliances.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, lacuisineappliances.com may link to sites operated by third parties. However, even if the third party is affiliated with lacuisineappliances.com, lacuisineappliances.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of lacuisineappliances.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, lacuisineappliances.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Reward System
Reward System LCA is pretty simple. As soon as your orders gets shipped to the address, within 45 days (Can vary), the reward points will be active to redeem on your next purchase. We have kept 2 years of maximum time limit to use the reward points. Additionally, your 75 points equals $1 as per the present terms and condition. The current system automatically detects the reward points at the time of next purchase and applies them into the next purchase amount. LCA holds the right to modify the process of reward point redemption as per the necessary circumstances.
Welcome to the La Cuisine, website located at lacuisineappliances.com (hereinafter "We", "Us", "Our") and thank You (any visitor to Our web site) for considering Our products and services.
Upon registration, by checking the provided check box, You hereby agree to the terms and conditions of this Terms of Service (hereinafter "Agreement") which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.
Privacy Policy
Our Privacy Policy is located at here and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.
Screen Name and Passwords
You hereby agree that You are responsible for all actions taken under Your Screen Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
Purchase Policy
Our goal at lacuisineappliances.com is to make Your purchasing experience easy and efficient. If You have any questions about Our purchase policies, please contact Us at info@lacuisineappliances.com.
Sales Tax
Any and all sales or use tax will be Your responsibility. Sales tax calculations on the web site are an estimate only. Your true sales tax, if applicable, will be calculated and presented to You at the time of product delivery.
Shopping Cart
We maintain a PCI compliant shopping cart. The Payment Card Industry Data Security Standard (PCI DSS) is a set of requirements designed to ensure that all companies that process, store or transmit credit card information maintain a secure environment.
When You make purchases from Us using Your major credit card, You agree to honor the terms and conditions of Your cardholder agreement.
Return Policy
Refunds will be handled according to Our store's policies. Please contact info@lacuisineappliances.com for a copy of Our store's policies.
Rebates
We provide You every opportunity to save on Your purchase. We offer rebates directly from the manufacturers and from Our buying groups. Most rebates and coupon offers are subject to their own terms and conditions as specified by the rebate sponsor and processor. If You have any questions on Our rebates, please contact Us at info@lacuisineappliances.com.
Product or Pricing Inaccuracies
While we take every precaution to insure all products and pricing are correct on Our web site, mistakes do occur. Should You find a mistake please contact Us at info@lacuisineappliances.com. Prices and the availability of products and Our services are subject to change without notice. Despite Our best efforts, we will, from time to time, make pricing mistakes. We will endeavor to promptly correct any mistakes as we become aware of them. We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event that Your method of payment has been charged. Any disputes related to pricing will be resolved at Our sole and complete discretion.
Trademarks
WebFronts™ is a Trademark of Retailer Web Services, LLC and Evolution Vertical LLC. You understand and agree that Retailer Web Services, LLC and Evolution Vertical, LLC, merely maintains the web site for Us and is not a party to this contract.
WARRANTIES
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
PRODUCT INFORMATION AND DESCRIPTIONS -- WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, SPECIFICATIONS OR OTHER CONTENT OF THIS SITE ARE ERROR FREE, ACCURATE, COMPLETE, RELIABLE, OR CURRENT. IF A PRODUCT OFFERED OR SOLD BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION IN ACCORDANCE WITH OUR RETURN POLICY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
Indemnification
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Force Majeure
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
Assignment
You may not assign Your rights or obligations under this Agreement without Our prior written consent.
Intended For Users that are Residents of North America and are Over 18
Our services are available and may only be used by, individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
Disputes
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at info@lacuisineappliances.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. Any resolution to Your dispute will be considered by Us in good faith and You agree to abide by Our decision. Should You seek a remedy in a court of law, it will be Your responsibility to pay Our legal fees. In addition, You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of Delaware, and the New Castle County Court of Chancery of the State of Delaware will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys' fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement. You understand and agree that Retailer Web Services, LLC and Evolution Vertical LLC, merely maintains the web site for Us and is not a party to this contract.
License and Site Use
We grant You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent and the express written consent of Retailer Web Services, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent of and the written consent of Retailer Web Services, LLC. You may not frame or utilize framing techniques to enclose any of Our trademark, logo, or other proprietary information (including images, text, page layout, or form) without 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 license granted by Us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Our home page so long as the link does not portray Us, Our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use Our logo or other proprietary graphic or trademark as part of the link without express written permission.
Severability
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
Headings
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
Agreement Updates
This Agreement is effective as of July, 7th, 2020. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.