DCB Homeware USA LLC TERMS AND CONDITIONS. These terms and conditions are subject to the governing law of the United States.
ACCEPTANCE OF TERMS THROUGH WEBSITE ACCESS AND USAGE
(1) INTRODUCTION: Welcome to our website. Please take the time to specifically read these terms and conditions along with our Privacy Policy which govern your use and participation on our website. By accessing and using our website you accept these terms and conditions in full. Upon placing an order, you signify that you have read these terms and conditions and agree to be bound by them and comply with them in full. If for any reason you do not agree to be bound by these terms and conditions you must not use our website and can contact us for more information. DCB Homeware USA LLC reserves the right to amend these terms and conditions at any time without prior notification to customers.
(2) ELIGIBILITY: You represent that you are an adult of the age of 18 years or older and are agreeing to and accepting these terms and conditions. Otherwise, you are prohibited from accessing and using this website and any of its functions, products or services.
(3) PRIVACY: DCB Homeware USA LLC is committed to protecting your privacy. Please visit our Privacy Policy to fully comprehend how our business gathers, discloses, uses and manages your personal data.
(4) LICENSE TO USE WEBSITE: Unless it is otherwise noted or stated, we and/or our licensors own and operate the property rights of this website and all it's the material therein. All rights are reserved. Pages from this website can be viewed and printed for personal use only. The following restrictions are set out within our Terms and Conditions:You must not:
(5) ACCEPTABLE USE: When using and accessing our website any intentions to cause damage, deny or prohibit accessibility to the website in any way that is unlawful, illegal or any instance of fraudulent or harmful behaviour is prohibited. Using and accessing our website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. Without prior written consent you may not conduct or perform any systematic or automated data collections in relation to our website. Unsolicited transmission of commercial communications is prohibited. Without prior written consent, any sharing of marketing of our website for any purpose is prohibited.
(6) YOUR DCB Homeware USA LLC ACCOUNT: It is your sole responsibility to ensure that your User Id and password for your DCB Homeware USA LLC account are kept confidential. You agree and are bound to all terms and conditions by any activity that is performed under your DCB Homeware USA LLC account. It is within DCB Homeware USA LLC's discretion to reserve the right to refuse service, terminate your account and cancel any orders at any time without notice or explanation.
(7) USER GENERATED CONTENT: The material, images, sounds, information and communications that you submit to our website for whatever purposes will grant us a worldwide, non-exclusive license to reproduce, translate, distribute and publish it for existing or future commercial purposes. The communications and material you submit to our website will be handled in a non- confidential and non-proprietary manner unless previously stated and you also grant us the right to sub-license these rights and the right to bring any actions for infringement of these rights. You must not submit any illegal or unlawful content and must not infringe on any third party's legal rights.
(8) RETURNS AND REPLACEMENTS: All items sold on the DCB Homeware USA LLC website are subject to a 100 day money back guarantee and as such customers are entitled to a full refund on items returned within this time period**. This 100 day period begins the day that the items are received*. If for any reason you are unsatisfied with your items, to be eligible for a refund you MUST report your request to support@jeanpatrique.com within this 100 day period. Requests made after this time will be denied. For tracked items, this will be the day that the tracking states "delivered" on the relevant postal carrier's website
**The cost of shipping from the customer to DCB Homeware USA LLC in the event of a return is the full responsibility of the customer. This term is agreed to upon placing a DCB Homeware USA LLC order.
(9) MONEY BACK GUARANTEE:
Try any product risk free: If you don't think an item is as effective as we have said it would be, simply return it, within 100 days of receipt of your order. We'll refund the entire purchase price less shipping and handling, no questions asked. Please note a refund may take anywhere from a week to 10 days to post to your account. If not received after 10 days, please contact our customer service for resolution.
Returns: If you wish to return your product, simply contact us within 100 days of receiving your shipment at support@jeanpatrique.com, for your Return Merchandise Authorization Number (RMA) and write it on your return label. Shipments without an RMA will not be accepted for returns. Shipping charges are not refundable. Other conditions may apply. Please contact us for details.
It is strongly recommended that all returns are sent using a tracked service to us. We can issue a refund only when it is received by us. In the event you have sent it via an untracked service and it is not received by us, we will not be liable to issue a refund.
(10) LIMITED WARRANTIES: DCB Homeware USA LLC cannot warrant or guarantee the complete accuracy of all or any information published on this website, that the website will remain available at all times or that content is kept up to standards and date. To the absolute maximum under applicable law DCB Homeware USA LLC excludes all representations, warranties and conditions that relate to this website and the use of our site. This includes, without limitation, any warranties implied by law of satisfactory quality.
(11) INDEMNITY: You hereby indemnify our website and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
(12) BREACHES OF TERMS AND CONDITIONS: If you breach our terms and conditions in any way, we have the right to undergo or take action as deemed appropriate and at any time may deny you access to our website by necessary means and/or bring court proceedings and legal action against you. Our terms and conditions are for the benefit of both parties but are not intended to benefit third party associations or be enforceable by any third party. Our relation to these terms and conditions is not subject to the consent of any third party. DCB Homeware USA LLC may suspend or terminate this agreement or a member's account at any time and immediately if we believe there has been fraudulent activity has been used on our website.
(13) TERMS AND CONDITIONS MODIFICATIONS AND REVISIONS: DCB Homeware USA LLC has the right to change, modify or revise our website at any time without prior notification. By using our site, you agree to be bound by any changes, modifications and revisions.
(14) RESPONSIBILITY FOR YOUR OWN PRODUCT USE: You hereby take full responsibility for the use of your DCB Homeware USA LLC products. All DCB Homeware USA LLC products should be kept out with the reach of children. DCB Homeware USA LLC is not responsible for any harm, loss, or allergic reaction that maybe be caused by your use of the product.
(15) SHIPPING POLICY: Safe delivery of your package is your responsibility. We ship all orders through a reliable postal service. Once a package is shown in tracking as successfully delivered we cannot process or reship replacements unless non receipt of goods can be proven.
Cancellations and Address Changes: If you place an order on http://jeanpatrique.com and decide you want to cancel or change the address, you must notify us at support@jeanpatrique.com within 1 hour of placing the order where we will endeavour to resolve the issue. However, due to the nature of our shipping processes; cancellations and address changes cannot always be guaranteed. In the event that it is not possible to alter the order before it has been processed, please notify DCB Homeware USA LLC Support Department (support@jeanpatrique.com), where arrangements can be made to recover the order and a suitable resolution found.
(16) PROMOTIONS, SPECIAL OFFERS & COUPON CODES: All promotions, special offers and coupon codes (hereafter referred to as offers) are subject to the above terms and conditions of the DCB Homeware USA LLC website. Unless specified otherwise, all offers are subject to the following terms and conditions:
Customers who become aware of an offer after having placed an order will not be able to redeem the offer retroactively.
(17) 25 YEAR WARRANTY: Supplying Europe with quality cookware for over 20 years, Jean Patrique embrace the best of modern cooking technology and manufacture. We therefore certify your Jean Patrique product has a limited 25 year warranty that protects against defects in the material and the finishing of the product with normal use, in accordance with Jean Patrique’s maintenance and usage instructions. The warranty on all Jean Patrique products is valid for 25 years from the date of purchase.
Damage caused by misuse or abusive use, negligence, accidents, overheating, commercial use and/or changes to the product made by the end consumer is explicitly excluded from this warranty. Should your product develop a defect during the warranty period, please get in touch with customer service (hello@jeanpatrique.com).
(18) SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Jean Patrique Professional Cookware (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at mm@dcblab.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in miami, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Jean Patrique Professional Cookware’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
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