and Conditions of Sale
The following terms and conditions govern the sale by Euro-Kitchen, Inc., entity named on the invoice and/or sales receipt ("euro-kitchen" and/or "euro-kitchen.com") that will be provided to the Customer on orders for kitchen & bath products, appliances and/or related products sold in the United States. By accepting delivery of the kitchen & bath products, appliances and/or other products described on that invoice and/or sales receipt, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH EURO-KITCHEN, INC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER EURO-KITCHEN, INC.'s STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at Euro-Kitchen, Inc.'s sole discretion.
Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Euro-Kitchen, Inc.
Acceptance. CUSTOMER acceptance of the Goods shall constitute an affirmation by CUSTOMER that the Terms and Conditions set forth herein govern the purchase and sale of the goods. Upon receipt of products, buyer agrees to inspect and/or test the products. Such inspections and testing shall be completed promptly and in no event later than five (5) calendar days after receipt of goods by customer or completion of services by Euro-Kitchen, Inc. The products should be deemed accepted by customer unless customer provides Euro-Kitchen, Inc. a notice specifically noting any defects or discrepancies in the quality or quantity of products received. Customer is responsible for all freight charges associated with the merchandise after these five (5) calendar days.
Governing Law/Venue. THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. All questions, of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of California, USA. Any legal action or proceeding arising from or related to this order-on-line transaction described herein shall be governed and maintained in state and federal court in Alameda County, California. Venue and jurisdiction for all litigation will lie in Alameda County, California. Customer hereby agree and submit to such jurisdiction and venue as proper.
Pricing and Availability. Due to fast-moving nature of our industry, prices, promotions and availability are subject to change without notice. Unless otherwise specified in writing all prices are F.O.B. point of origin (Hayward, California, USA). Prices do not include sales, use, services, excise or similar taxes.
Payment Terms; Orders; Quotes; Interest. Terms of payment are within Euro-Kitchen, Inc.'s sole discretion, and unless otherwise agreed to by Euro-Kitchen, Inc., payment must be received by Euro-Kitchen, Inc. prior to Euro-Kitchen, Inc 's acceptance of an order. Payment for the products will be made by cash, pre-approved check, credit card thru paypal, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by Euro-Kitchen, Inc. If credit terms have been agreed to by Euro-Kitchen, Inc., invoices are due and payable within certain agreed days after the date of the invoice. Euro-Kitchen, Inc. may invoice parts of an order separately. Orders are not binding upon Euro-Kitchen, Inc. until accepted by Euro-Kitchen, Inc. Any quotations given by Euro-Kitchen, Inc. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Shipping Charges and Taxes. Separate charges for shipping and handling will be shown on Euro-Kitchen, Inc.'s invoice(s) and/or sales receipt(s). Additional shipping and handling charges may apply to certain remote locations in United States and Canada. All products ship to California have to apply 8.75% sales tax of sales amount according to California State Tax Regulation. Unless customer provides Euro-Kitchen, Inc with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Euro-Kitchen, Inc.'s acceptance of the order, the customer is responsible for sales and all other taxes associated with the order, however designated, except for Euro-Kitchen, Inc.'s franchise taxes and taxes on Euro-Kitchen, Inc.'s net income. If applicable, a separate charge for taxes will be shown on Euro-Kitchen, Inc.'s invoice and/or sales receipt.
Title and Risk. Unless otherwise specified in writing in this document, shipping terms are F.O.B. origin point. Title and Risk of delay, loss or/and damage to the products shall pass to customer upon delivery to the common carrier at shipping point. Any claims resulting from products damaged in transit, shortages received or tampering must be filed with the common carrier by customer.
Export Restriction. Customer agrees not to directly or indirectly export any products (whether or not modified by Services), including, but not limited to parts, equipment or technical data/documentation without first obtaining the required U.S. Government export license(s). Customer should recognize and acknowledge Euro-Kitchen, Inc. products are subject to all relevant laws and regulations governing the export of United States technology. Customer should determine whether an export license or certain declarations required by the United State Government regarding the nature of the products to be exported, their destination, or their use.
Warranties. THE LIMITED WARRANTIES APPLICABLE TO EURO-KITCHEN, INC.-BRANDED PRODUCTS SOLD THROUGH WWW.EURO-KITCHEN.COM ARE DESCRIBED IN EURO-KITCHEN, INC. GENERAL WARRANTY CLAUSES. EURO-KITCHEN, INC. MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN EURO-KITCHEN, INC.'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE AND/OR SALES RECEIPT. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND EURO-KITCHEN, INC. WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON EURO-KITCHEN, INC.'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. EURO-KITCHEN, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EURO-KITCHEN, INC.'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPLACEMENT AS SET FORTH IN EURO-KITCHEN, INC.'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE AND/OR SALES RECEIPT. Euro-Kitchen, Inc. reserves the right to modify its warranty at any time, at its sole discretion.
10. Installation.This unit is NOT authorized for use in any commercial environment ? it is only for personal home use. A licensed plumber must also install this unit, or it could result in the warranties being voided. A licensed electrician must install a dedicated circuit with wire sufficient to carry the load specified by the item. This must comply with the national electric code. If it does not your warranty relating to electrical operation will be null and void. The purchaser further agrees to indemnify and hold harmless seller and its agents and employees from any claims, actions, lawsuits, judgments or liability arising from this product. Improper or illegal use voids any and all warranty immediately and relieves seller from providing any service or warranty.
11. Return and Damage Policies. All sales are final and no refund will be accepted unless otherwise stated. If you are not satisifed with your purchase or if you would like to report missing parts and shipping damages, please contact our customer service within five (5) days of delivery. All products (excluding SlickDeals) properly returned in new, unused condition inside its original packaging are eligible for refund, which may include an in-store credit or credit to the original method of payment. Note that some items are sold with promotional free shipping programs, customer is responsible for the actual shipping costs to and from both destinations including insurance of all return shipments. Customer should contact and file a claim with the shipping carrier for all damaged/lost return shipments. All return shipments will be inspected for any damage/missing parts. Upon receipt of the product, we will credit you for the total purchase price, less 25% restocking fees and shipping costs to and from the delivery location. Please keep in mind, credit card companies vary in the time they take to post credits. No refund/credit will be issued for any damaged/lost return shipments.
In order to process services/replacements/exchanges, customer will be required to provide basic Information, Euro-Kitchen, Inc.'s invoice number and/or sales receipt number, date of purchase, proof of payment, and the nature of the problem. All services/replacements/exchanges must be approved by the customer service manager and a RMA (Return Merchandise Authorization) number will be issued upon approval. This RMA number is valid for ten (10) days of issuance and will be automatically voided after tenth day. All returned merchandise must be accompanied with the RMA number on the outside packing box and received by Euro-Kitchen, Inc. before the RMA number expires. Customer agrees to be responsible for all inbound, outbound shipping and any handling charges for all services/replacements/exchanges.
Cancellation and Right to Refuse Orders. Cancellation must be made through E-mail, phone call or faxing written notice to Euro-Kitchen, Inc. within 24 hours of placing the order. Euro-Kitchen, Inc. reserve the right to refuse orders and service under special circumstances.
Products. Euro-Kitchen, Inc.'s policy is one of on-going product update and revision. Euro-Kitchen, Inc may revise and discontinue products at any time. Euro-Kitchen, Inc. will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, Website or catalog are possible. The parts and assemblies used in building Euro-Kitchen, Inc. products are selected from all new parts and assemblies in accordance with industry practices. Replacement parts may be new or reconditioned.
Warranty Disclaimer and Limitation of Liability. EURO-KITCHEN, INC. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR WITHIN SERVICE/REPAIR PERIOD. EURO-KITCHEN, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS 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. Euro-Kitchen, Inc. does not warrant that the functions contained in any product sold will be interrupted or error-free, that defects will be corrected. Euro-Kitchen, Inc does not warrant or make any representations regarding the use or the results of any product purchased in terms of its compatibility, correctness, accuracy, reliability, or otherwise. Buyer is responsible for checking to see that products purchased from Euro-Kitchen, Inc. comply with local and national codes.
Force Majeure. Euro-Kitchen, Inc. shall not be liable for delays in delivery or misdelivery, for loss and damage or for failure to perform due to causes beyond the reasonable control of Euro-Kitchen, Inc. These causes should include without limitation, acts of God, acts or omission of Customer, acts of civil or military authorities, fire, strikes, power, surges or outages, epidemics, flood, earthquakes, riot, war, shipping carrier conditions or inability to obtain necessary labor, materials and supplies.
Typographic, Photographic and Technical Errors. Euro-Kitchen, Inc. will not responsible for any typographical, photographic or technical errors. Photograph is for display purpose only and may not represent actual products. Products and packaging depicted may differ from stock available at time of shipment.