Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Fresh Out the Kitchen! The terms “we”, “us” and “our” refer to Fresh Out the Kitchen. Fresh Out the Kitchen operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Fresh Out the Kitchen is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow your minor dependents to use the Services on devices you own or manage.
To use the Services, including browsing or purchasing products, you may be asked to provide information such as your email, billing, payment and shipping details. You represent that all information provided is accurate, current and complete.
You are responsible for maintaining the security of your account and for all activity under your account. You may not transfer or assign your account to another person.
SECTION 2 – OUR PRODUCTS
We make every effort to accurately display our products. However, colors and product appearance may vary depending on your device settings.
We do not guarantee that products will appear exactly as shown on your screen.
All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product and limit quantities at our discretion.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Fresh Out the Kitchen reserves the right to accept or decline any order at our discretion.
Your order is not accepted until payment is received and confirmed. We may cancel or modify an order and will attempt to notify you using the contact information provided.
Purchases are subject to our Refund Policy [LINK].
All purchases are for personal use only and not for resale.
SECTION 4 – PRICES AND BILLING
Prices and promotions may change without notice. The price charged will be the price at the time the order is placed.
Unless stated otherwise, prices do not include taxes, shipping, customs or import charges.
You agree to provide accurate payment and billing information and authorize us to charge the payment method provided.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers, customs or events outside our control.
Once products are transferred to the carrier, risk of loss passes to you.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including trademarks, text, graphics, images, videos and design elements, are owned by Fresh Out the Kitchen or its licensors and are protected by intellectual property laws.
You may not reproduce, distribute, modify or use our content without prior written consent.
“Fresh Out the Kitchen,” including all logos, designs and slogans, are trademarks of Fresh Out the Kitchen. Shopify’s name and logo are trademarks of Shopify.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools. These are provided “as is” and we are not responsible for their operation.
Use of optional tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for the content, policies or practices of third-party websites linked through our Services.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Fresh Out the Kitchen is powered by Shopify. However, all purchases are made directly with Fresh Out the Kitchen.
By using the Services, you agree that Shopify is not responsible for transactions between you and Fresh Out the Kitchen.
SECTION 10 – PRIVACY POLICY
All personal information collected is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy.
By using our Services, you acknowledge you have read these policies.
SECTION 11 – FEEDBACK
If you submit reviews, suggestions or feedback, you grant Fresh Out the Kitchen a perpetual, royalty-free license to use, reproduce and display that content.
You represent that your feedback does not violate the rights of any third party.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies or omissions at any time, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes or to violate any laws or intellectual property rights.
We reserve the right to terminate accounts that violate these Terms.
SECTION 14 – TERMINATION
We may terminate access to the Services at our discretion. You remain responsible for all amounts owed prior to termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind.
We do not guarantee uninterrupted, secure or error-free use of the Services.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Fresh Out the Kitchen shall not be liable for any direct or indirect damages arising from your use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Fresh Out the Kitchen and its affiliates from any claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is deemed unenforceable, the remaining provisions remain valid.
SECTION 19 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Fresh Out the Kitchen regarding use of the Services.
SECTION 20 – ASSIGNMENT
We may assign these Terms at any time. You may not assign your rights without written consent.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where Fresh Out the Kitchen is headquartered.
SECTION 22 – CHANGES TO TERMS
We may update these Terms at any time by posting changes on our website.
Continued use of the Services constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms should be sent to:
Fresh Out the Kitchen
contact@freshoutthekitchen.com