Terms of service

Chefs' Toys ("we," "us" or "Chefs' Toys") operates a website and other digital platforms with home page at: www.chefstoys.com. Our websites, together with our mobile site, mobile applications, email, text, or other electronic messages, constitute the "Website." These Terms and Conditions apply to your access and use of the Website. Your access or use of our Website, or your clicking to accept or agree to the Terms and Conditions when this option is made available to you, constitutes your agreement to the following Terms and Conditions and to be bound by them and our Privacy Policy, which is incorporated herein by this reference. If you do not agree to the following Terms and Conditions or the Chefs' Toys Privacy Policy, do not access or use the Website.

These Terms and Conditions are Subject to Change
Chefs' Toys reserves the rights to update or modify these Terms and Conditions at any time without prior notice. The changes will go into effect immediately upon posting to the Website. By continuing to use a Chefs' Toys Website, you are agreeing to the revised or modified Terms and Conditions. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Users / Participants
Our Website is not intended for children under 13 years of age. No person under the age of 13 should use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. Use of the Website by any user shall be deemed to be a representation that the user is 13 years of age or older. If you do not meet this requirement, you must not access or use the Website.

Use of Website
The Chefs' Toys Website is intended for the sole personal, non-commercial use of individuals and entities in the United States wishing to review, consider, purchase or otherwise engage in transactions involving Chefs' Toys goods or services, or access resource and industry information made available on the Website. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Chefs' Toys has the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Chefs' Toys, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. Notwithstanding the foregoing, these Terms and Conditions authorize the following limited actions: 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may download and/or print one (1) copy of this Website's content solely for your personal and internal use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this Website without the prior written consent of Chefs' Toys.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Chefs' Toys. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Chefs' Toys name and all related names, logos, product and service names, designs, and slogans displayed or used in the contents of this Website are trademarks of Chefs' Toys or its affiliates or licensors. You shall not use such marks without the prior written permission of Chefs' Toys. All third party names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

User Comments
We welcome your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications regarding our Website sent to Chefs' Toys, including through correspondence or the "Contact Us" feature of the Website (collectively "Comments") shall be and remain the exclusive property of Chefs' Toys. Your submission of any such Comments shall constitute an assignment to Chefs' Toys all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. Chefs' Toys will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send us any comments that you do not wish to assign to us, including any confidential information, 3rd party or licensed content, or any original creative materials such as stories, product ideas or computer code. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Acceptable Use
You are responsible for your use of the Website, and for any use of the Website made using your account. Our goal is to create a positive, useful and safe user experience. To promote this goal, we prohibit specific kinds of conduct that may be harmful to other users or to us. When you use the Website, you may not: 

  • Violate any law or regulation.
  • Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity or other legal rights.
  • Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful or otherwise objectionable.
  • Send unsolicited or unauthorized advertising or commercial communications, such as spam.
  • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website.
  • Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.
  • Stalk, harass or harm another individual.
  • Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing.
  • Use any means to scrape or crawl any web pages contained in the Website.
  • Attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website.
  • Advocate, encourage, or assist any third party in doing any of the foregoing. 

We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We may also terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms and Conditions. However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

User Content
This Website may allow selective capabilities, such as personal web pages or profiles, forums or other interactive features, to upload, submit, store, send or receive content and data, including reviews, remarks, reactions or opinions provided by you to Chefs' Toys and others through our Website ("User Content"). Such User Content is non-confidential and considered non-proprietary.

When you upload, submit, send, or receive User Content to or through the Website, you grant to Chefs' Toys and its affiliates and service providers, and each of their and our respective licensees, successors and assigns, the perpetual right to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works or works better with the Website), publicly perform, publicly display, disclose and otherwise distribute to any third party your User Content, for any purpose whatsoever, without restriction and without compensating you in any way.

We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote Chefs' Toys or the Website. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Website. 

  • You own and control all rights to your User Content or, alternatively, that you have the right to give us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the rights described above.
  • Your User Content does and will comply with these Terms and Conditions.
  • Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. 

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Website for any reason. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Chefs’ Toys, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted or submitted by you or any other user of the Website. We may also take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms and Conditions. We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.

Privacy Policy
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Copyright Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent: 

  • Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is located.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
  • An electronic or physical signature of you or the person authorized to act on behalf of the owner of the copyright interest.
  • A statement by you, made under penalty of perjury, that the information in the written notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
  • Send correspondence to the Copyright Agent: Chefs' Toys, LLC, Attention of the Copyright Agent, 18430 Pacific Street, Fountain Valley, CA, 92708, (714)435-9222, trademarks@chefstoys.com

For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all requirements of this section, your notice may not be validated. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. You understand and agree that: (1) Chefs' Toys assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the website by any other users or third parties, and (2) Chefs' Toys is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the DMCA.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the Copyright Agent described above containing the following information: 

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement under penalty of perjury by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Hyperlinks to other Websites
To the extent our Website contains hyperlinks to outside services and resources, the availability and content of which Chefs' Toys does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer
THIS WEBSITE, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR ACCESS OR USE OF THIS WEBSITE THAT YOUR ACCESS OR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT OF CHEFS’ TOYS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHEFS’ TOYS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHEFS’ TOYS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHEFS' TOYS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHEFS' TOYS ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. IN NO EVENT SHALL CHEFS' TOYS OR ITS AFFILIATES' LIABILITY TO YOU OR ANY THIRD PARTY EXCEED $10.00.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Product and Pricing Information
The prices displayed on our Website may differ from prices that are available in stores or in catalogs. If you are in the U.S., Website prices will be displayed in U.S. Dollars. The prices displayed on our Website and in our print catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S. While we take great care to ensure accuracy in our displayed prices, Chefs' Toys is not responsible for pricing errors, typographical mistakes or technical glitches. Users will be notified if an order includes a pricing error and steps will be taken to have the charge corrected.

All posted and printed prices are subject to change.

Additional terms and conditions may also apply to specific products, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.

Special Offers
Occasionally we will offer special promotions to our customers that we refer to as a special offer. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only and are subject to change or cancellation at any time.

Chefs' Toys may offer a reduced price for items purchased in bulk. The discount varies based on the number of items and other factors. Please contact our customer service department.

Promotional Discounts and Coupon Codes
To redeem a coupon-code promotion, orders must be placed through our public catalog on ChefsToys.com. Payment for orders on which a coupon-code is redeemed must be made with a valid credit card. All public discounts and promotions exclude all products not in the public catalog. Offers are not valid with any other promotion or coupon code unless explicitly stated. Price adjustments for items recently promoted or discounted are available by request for merchandise that was purchased within 7 days of the current advertised promotion. Clearance and Weekly Markdown items are excluded from Price adjustment credits. Please contact Customer Service at 714-665-2433 with your order details. Online offers are not valid at Chefs' Toys store locations or for customers with contract pricing. No rain-checks. No substitutions. Online discounts apply prior to tax, shipping and processing fees.

Freight Charges
Oversized and extremely heavy items may incur special shipping & delivery surcharges. Additional charges may be incurred due to ancillary service requested by our customers even when a Free Freight program is offered. These charges are typically for additional delivery requirements such as inside delivery or lift gate services.

Please Note: Common carrier orders $200 and over will be shipped "Signature Required" at no additional charge (orders less than $200 are sent without signature required unless requested at checkout).

Canceling or Changing an Order
In order to maintain efficiency and performance with our order process, we unable to guarantee that an order can be changed or canceled once it has been submitted to one of our warehouses for processing. If you would like to cancel or change an order, please contact our inside sales team immediately at 714-665-2433 Monday through Friday 8:00 AM to 5:00 PM Pacific Time.

Our warehouse works on the weekends and some orders are processed and put on a truck ready for shipment on Monday. These orders cannot be changed or canceled. Once an order has been processed, the only option may be to request a return. See our return policy for the details or contact our customer service team.

Inaccuracy Disclaimer
The information presented on or through the Website is made available solely for general information purposes. From time to time there may be information on our Website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Chefs' Toys reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we may work with you to cancel or return your order in Chefs' Toys sole discretion.

Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Chefs’ Toys and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account, or your use of the Website, including but not limited to your Comments or User Content. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Arbitration Agreement & Waiver of Certain Rights
You and Chefs' Toys agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Chefs' Toys hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Chefs' Toys relating to these Terms and Conditions of the Website (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules") applying the law of the State of Massachusetts. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You agree that the arbitration will be kept confidential by you and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed by you beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

This arbitration agreement does not preclude Chefs' Toys from seeking action by federal, state, or local government agencies. Chefs' Toys also has the right to bring qualifying claims in small claims court. In addition, Chefs' Toys retains the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section of the Terms and Conditions will survive the termination of your relationship with Chefs' Toys.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CHEFS' TOYS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Other Provisions
Any action relating to the use of the Website, catalogs or any transaction with Chefs' Toys must be brought in the state or federal courts located in Massachusetts. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms and Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without Chefs' Toys prior written consent.

These Terms and Conditions and the Privacy Policy constitute the sole and entire agreement between you and Chefs' Toys regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

For questions related to Chefs' Toys, contact us at customersupport@chefstoys.com or (714)665-2433.

ALL SALE TRANSACTIONS BY AND BETWEEN CHEFS' TOYS, LLC AND/OR ITS AFFILIATES (COLLECTIVELY, “CHEFS' TOYS") AND ITS CUSTOMERS (EACH, A “CUSTOMER") ARE GOVERNED BY THESE TERMS OF SALE (THE “TERMS OF SALE"). IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SALE AND THE TERMS CONTAINED IN ANY QUOTATION, ORDER OR OTHER DOCUMENT OR AGREEMENT (EACH, AN "ORDER"), THESE TERMS OF SALE SHALL CONTROL, AND ANY SUCH CONFLICTING TERMS DEEMED DISREGARDED. NO SUCH CONFLICT SHALL OPERATE AS A REJECTION OF AN ORDER.

  1. ACCEPTANCE. Chefs' Toys' acceptance of an Order is subject to Customer's assent to all the terms and conditions contained herein, which shall be presumed from Customer's acknowledgment or submission of an Order, acceptance of goods or services requested, and/or the payment of an invoice. Customer agrees that no writing shall be required in order to make an Order legally binding, notwithstanding contrary requirements in any law, and Customer agrees not to contest the validity or enforceability of a genuine Order under the provisions of a statute of frauds or any other applicable law.
  2. CREDIT. Chefs' Toys may, but shall not be obligated to, grant credit terms to any Customer. Acceptance of any Order is subject to final credit approval by Chefs' Toys. Chefs' Toys reserves the right to cancel any sale if Chefs' Toys determines a Customer is unable to pay for products or services.
  3. SHIPMENT AND DELIVERY. If Chefs' Toys is utilizing Customer-specified carriers to deliver products, Chefs' Toys' responsibility for damaged products ceases upon the delivery of products in good condition to the carrier. If Chefs' Toys selects its own carriers to deliver products, Chefs' Toys' responsibility for damaged products ends upon delivery in good condition to Customer's ship-to location.
  4. INSPECTION. Customer shall inspect products at the time of delivery and, where feasible, note on the shipping documentation any missing, visibly damaged or non-conforming products. Customer shall notify Chefs' Toys in writing of any missing, damaged or nonconforming product(s) as soon as reasonably practicable. For the avoidance of doubt, such examination shall not have any impact on the rights of Customer under manufacturer warranties for damage or defects which cannot reasonably be determined from visual inspection at the time of delivery.
  5. DELAYS AS TO SERVICES. Chefs' Toys shall have no liability for delays or failures to perform relating to matters outside of its reasonable control. Customer shall be responsible for any storage fees incurred by Chefs' Toys attributable to delays caused or requested by Customer.
  6. COST OF DELIVERY, TAXES AND OTHER CHARGES. Customer shall pay the costs of delivery and all sales, use, excise, or similar taxes, tariffs, or other charges which Chefs' Toys is required to pay, or to collect and remit, to any governmental entity (national, state or local) and which are imposed on or measured by the sale, other than those attributable to the income of Chefs' Toys.
  7. PICK-UP OF PRODUCTS BY CUSTOMER. If an order is to be picked by Customer, pick up must occur within 30 days from the date Customer is informed they are available for pick-up. Products not picked up by Customer within thirty 30 days will accrue storage fees at the rate of $100.00 per day. All products not picked up within 90 days shall revert to Chefs' Toys for disposition and Customer waives any right to proceeds from the disposition of such products and shall remain liable for any outstanding balance due and owing to Chefs' Toys.
  8. FABRICATED/CUSTOM PRODUCTS. Fabricated or custom manufactured products may not be cancelled, and Customer shall be responsible for all costs or fees related to the fabrication or manufacture of products upon commencement of the same, which shall be due and payable in accordance with the terms outlined in the Order.
  9. PRODUCT COMPLIANCE & SUITABILITY. While Chefs' Toys strives to ensure that products it sells comply with all applicable laws, as Chefs' Toys is not a manufacturer and does not warrant or guarantee such compliance, nor can Chefs' Toys be held responsible for how a product is used. All product pictures or drawings are for illustrative purposes only and may not be relied upon for specific measurements or configurations.
  10. NO WARRANTIES TO CONSUMERS. Customer represents and warrants that the products it purchases are intended solely for professional and/or commercial use, and as such, Chefs' Toys makes no warranties to those defined as consumers in the Magnuson-Moss Warranty- Federal Trade Commission Improvement Act.
  11. MANUFACTURER WARRANTIES. Chefs' Toys will assign and/or otherwise make available to Customer all rights, if any, under applicable manufacturer warranties, and will obtain copies of manufacturer warranties and furnish them to Customer upon request.
  12. TERMS OF PAYMENT. Payment shall be made in accordance with the terms specified on the face of an Order, or if not so specified, within 30 days of the date of invoice. Chefs' Toys may impose a convenience fee for credit card payments no greater than Chefs' Toys' cost of acceptance. A finance charge equal to the lesser of 1.5% per month or the highest rate allowed by applicable law, shall be assessed on any balance not paid when due and Chefs' Toys shall be entitled to withhold or cease further shipment of products or delivery of services to Customer.
  13. RETURN OF PRODUCTS. All product returns must be in new condition and made within 30 days of delivery, and shall be subject to the acceptance of Chefs' Toys and/or its suppliers. Customer agrees to pay the costs of return packaging, shipping and handling, as well as any restocking fees charged by Chefs' Toys or its suppliers. Fabricated or custom manufactured products may not be returned or cancelled.
  14. LIMITED WARRANTY. Chefs' Toys warrants that all products will be new, unless otherwise specified, and that Chefs' Toys' services, if any, will be performed in a workmanlike manner. EXCEPT AS SET FORTH IN THIS SECTION, CHEFS' TOYS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD BY IT, WHETHER AS TO PERFORMANCE, QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. THE ONLY WARRANTIES APPLYING TO THE PRODUCTS SOLD HEREUNDER ARE THOSE (IF ANY) SPECIFICALLY PROVIDED IN WRITING BY THE MANUFACTURER.
  15. LIMITATION OF LIABILITY. Customer understands that Chefs' Toys is not an insurer and that Customer is responsible for obtaining insurance coverage(s) appropriate for its business operations. Customer acknowledges that amounts payable to Chefs' Toys are based upon the value of the products and services it provides and the scope of liability set forth herein are unrelated to the value of Customer's property or the property of others. No claim by Customer of any kind, including but not limited to claims for indemnification, whether as to the quality of products or services delivered, shall be greater in amount than the purchase price for the products or services in respect of which damages are claimed. IN NO EVENT SHALL CHEFS' TOYS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, DAMAGE TO GOODWILL OR REPUTATION, OR LOSS OF DATA, ARISING OUT OF, OR AS A RESULT OF, THE SALE, USE OR LOSS OF PRODUCTS SOLD OR SERVICES DELIVERED, REGARDLESS OF THE THEORY OR BASIS FOR SUCH LIABILITY, EVEN IF FORSEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL SURVIVE INDEFINITELY.
  16. ASSIGNMENT. Customer may not assign an Order or any of the rights and/or obligations thereunder, without Chefs' Toys's consent.
  17. SECURITY INTEREST. Until payment in full is received by Chefs' Toys, Customer grants to Chefs' Toys a priority lien and security interest in those products sold to Customer and all of Customer's rights to payment therefor, including all insurance proceeds receivable thereon. Customer irrevocably authorizes Chefs' Toys to perfect the granted security interest and to file U.C.C.-1 financing statements and/or other appropriate documentation to assure and perfect the validity, priority, and enforceability of, and to exercise and enforce, such security interest(s).
  18. GOVERNING LAW. All Orders and these Terms of Sale, and the provisions contained herein and therein, shall be construed, governed, and enforced in accordance with the internal laws of the State of Delaware, without regard to its conflicts of law provisions.
  19. ARBITRATION. The parties agree that any dispute arising out of or relating to any Order or these Terms of Sale shall be resolved by binding arbitration under the Commercial Dispute Resolution Procedures of the American Arbitration Association. In no event shall the arbiter expand nor restrict any of the parties' respective rights or obligations beyond those provided for in an Order or these Terms of Sale. The prevailing party shall be awarded that proportion of its reasonable costs and expenses (including attorney's fees) that it actually incurred in arbitrating the matter, and judgment upon an award may be entered in any court having jurisdiction. The Parties shall cooperate in providing reasonable disclosure of relevant documents. The exclusive site of such arbitration shall be the metropolitan area nearest to the site of the work.
  20. CORRECTIONS. Chefs' Toys reserves the right to update or correct any errors or omissions in any Order, at any time and without prior notice. Chefs' Toys reserves the right to cancel or refuse any Order based on incorrect pricing or availability.
  21. GENERAL. Except as set forth in Section 20 above, any modification, amendment or waiver of the terms of an Order must be in writing and signed by an authorized representative of both Customer and Chefs' Toys. If either Customer or Chefs' Toys fails to enforce any right or remedy available to it, such failure will not be a waiver of any other right or remedy. Chefs' Toys reserves the right to update or modify these Terms of Sale at its sole discretion and at any time. If any provision of an Order or these Terms of Sale is found to be illegal, invalid or unenforceable in a jurisdiction, such provision (or portion thereof) will be ineffective only to the extent of its illegality, invalidity or unenforceability and only in such jurisdiction, and such finding will not affect any other provisions of an Order or these Terms of Sale, with a valid provision that most closely approximates the economic effect and intent of the illegal, invalid or unenforceable provision substituted therefor.
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