The Illustrated Chef LLC owns and operates this Website (chefspoons.com). This document governs your relationship with chefspoons.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of The Illustrated Chef LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Illustrated Chef LLC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise without the express written permission of The Illustrated Chef LLC. You may not attempt to reverse engineer any of the technology used to provide the Services of the Website.
Terms of Sale
By placing an order, you warrant that you are legally capable of entering into binding contracts, all details you provide to us are true and accurate, and you are an authorized user of the PayPal account with which you are paying for your order. When you place an order, you will be sent an order confirmation email. We may decline to sell any product to you for any reason. We are not obligated to tell you the reason for our decision. When your payment has been processed, you will be sent an email notification from PayPal to that effect. Unless arrangements are made otherwise, orders will ship via the United States Postal Service. Shipping times may vary according to availability. Length of delivery may be subject to postal delays and/or force majeure, for neither of which will The Illustrated Chef LLC be responsible.
(a) Our Contract
A legally binding contract will be formed between us when (i) you have confirmed to us you wish to proceed with the purchase of one or more Products, and (ii) we have confirmed to you we will sell the Product(s) to you, and (iii) we have received payment for the Product(s). When your order has been completed, you will receive confirmation of the Product(s) ordered, the price paid, the estimated ship date, and your order number.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods you have ordered, we will inform you of such as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we cancel the order. If an order is cancelled due to incorrect pricing information at the time of purchase, and you have already paid for said order, you will receive a full refund via PayPal. Refunded monies may take up to 48 hours after confirmation from The Illustrated Chef LLC to appear back in your account.
The Illustrated Chef LLC uses PayPal to provide the highest level of security for payments processed through chefspoons.com. For details on PayPal security, please see PayPal Safety and Security.
Custom Chef Spoons
All Custom Chef Spoon sales are final. Custom Chef Spoons cannot be returned.
You have seven (7) calendar days from the day on which you receive your order to return any other Chef Spoons product(s) with which you are dissatisfied. To be eligible for a return, the product(s) must be unused and in the original condition as received. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non¬refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. All monies will be refunded via PayPal. It may take up to 48 hours after confirmation from The Illustrated Chef LLC, for the refund to appear back in your account.
All Chef Spoons, including Custom Chef Spoons, are guaranteed for one year from date of receipt. If your Chef Spoon breaks, you are entitled to a free replacement. Simply ship the broken Chef Spoon to us (at your expense), and we will replace it with another, identical Chef Spoon. The Illustrated Chef LLC will cover the cost of shipping your replacement Chef Spoon.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. The Services have been designed for the specific use of cooking and serving applications. These Services may not be used for unlawful purposes and hat use is expressly prohibited under these Terms and Conditions. Unless expressly stated to the contrary to the fullest extent permitted by law The Illustrated Chef LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and/or Product(s) and/or Services and/or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect The Illustrated Chef LLC’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services, and/or locations featured on this Website are in no way associated, linked, or affiliated with The Illustrated Chef LLC and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Illustrated Chef LLC.
You agree to indemnify, defend, and hold harmless The Illustrated Chef LLC, chefspoons.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
The Illustrated Chef LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The Illustrated Chef LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of The Illustrated Chef LLC.