Terms & Conditions
The following terms and conditions (“Terms”) apply for all reservations or pre-orders. When placing a reservation you have understood and accepted these Terms.
The completion of our product development process and successful shipping of all orders is depended on sufficient backing from our reservation pre-order campaign and fundraising process. Hence, Kitchen Automatique cannot guarantee that the products will be delivered in all cases. If we are unable to deliver, you will be entitled to reimbursement of your payments in accordance with section 2 in these Terms.
These Terms have priority in case of contradiction with any other terms, descriptions, agreements or understandings between you and Kitchen Automatique. Kitchen Automatique explicitly rejects any terms deviating from the following Terms unless otherwise is agreed and confirmed in writing.
1. RESERVATIONS, PRE-ORDER AND PAYMENT
The prices for reservations or pre-orders are stated on the Kitchen Automatique website. Kitchen Automatique reserves the right to change prices at any time. A $59 USD deposit is due upon reservation. The remaining payment is due upon the announcement of Vision Infinity Cooktop Full price.
2. CANCELLATION OF RESERVATIONS, PRE-ORDERS OR PURCHASE
You may cancel the reservations, pre-order or purchase until you receive notification of shipment from Kitchen Automatique. Kitchen Automatique will notify you at least 14 days prior to the shipment date. Kitchen Automatique will strive to reimburse your complete payment for the reservation, pre-order or purchase within six weeks after your cancellation. Please note, however, that the funds raised with your reservation or pre-order may be partially invested in the manufacturing of the product. Delivery is contingent on sufficient funds to complete the manufacturing and development of the products. Hence, Kitchen Automatique cannot guarantee that you will receive a full refund in all cases as the funds raised by your reservation or pre-order may be lost, either fully or partially. Kitchen Automatique may cancel your order before the shipment date at Kitchen Automatique’s own discretion. Kitchen Automatique will reimburse all your payments in the event of such cancellation.
3. DESCRIPTION OF THE PRODUCT
Kitchen Automatique strives to provide a complete and accurate description of the products offered. Nevertheless, Kitchen Automatique cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products. Kitchen Automatique also reserves the right to change and modify the product specifications, such as storage capacity, battery capacity, weight, material selection, form, color and other physical dimensions and technical specifications in the period up to the shipping date. An updated and final product specification will be available at least 14 days prior to the shipping date.
4. RETURN OF DEFECTED AND NON-CONFORMING PRODUCTS
Kitchen Automatique warrants you a product without defects in conformance with Kitchen Automatique’s strict quality policy for a period of one year after you received the products, or for the period prescribed by mandatory law in your country, whichever is longer. You are responsible for inspecting the products upon delivery. If the products are defected or non-conforming, you shall notify Kitchen Automatique without undue delay. When filing a complaint, please indicate the transaction number (“transaction number”) of your pre-order or order found on the pre-order or order confirmation email received at time of ordering, contact information (name and address) and reason for return. Proper use of the product is described in the warranty disclosed with the product. Kitchen Automatique disclaims any liability for non-conforming products due to improper use of the products. Such improper use includes but is not limited to damage caused by the products being dropped on solid objects such as tables or floors, or damage caused by exposing the products for other temperatures or humidity conditions than recommended in the warranty. Improper use also includes modifications, reengineering, copying and other changes to the software in breach of Kitchen Automatique’s intellectual property rights in accordance with section
5.In the event of a return or repair in accordance with these Terms,
the product will be repaired or replaced by Kitchen Automatique and according to our designated return process. All costs, including shipment costs, are covered by Kitchen Automatique if the process is followed correctly. To initiate such a process, you must contact Kitchen Automatique customer support at firstname.lastname@example.org for instructions.
6. LIMITATION OF LIABILITY
KITCHEN AUTOMATIQUE SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF ANY PRODUCTS OR SERVICES BY KITCHEN AUTOMATIQUE OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHER LEGAL THEORY, EVEN IF KITCHEN AUTOMATIQUE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. KITCHEN AUTOMATIQUE’S AGGREGATE AND CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE RESERVATION, PRE-ORDER OR PURCHASE.YOUR CLAIM FOR DAMAGES MUST BE NOTIFIED TO KITCHEN AUTOMATIQUE WITHIN NINETY (90) DAYS OF THE DATE OF THE EVENT GIVING RISE TO ANY SUCH CLAIM, AND ANY LAWSUIT RELATIVE TO ANY SUCH CLAIM MUST BE FILED WITHION ONE (1) YEAR OF THE DATE OF THE CLAIM.
YOU AGREE TO INDEMNIFY AND HOLD KITCHEN AUTOMATIQUE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ADVISERS, HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED DAMAGES, LEGAL FEES, COST AND EXPENCES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE RESERVATION, PRE-ORDER OR PURCHASE.
9. FORCE MAJEURE
If either Kitchen Automatique or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond Kitchen Automatique’s or your control, which could not reasonably have been foreseen before accepting these Terms, the non-performing party shall give immediate notice to the other party that a force majeure event has occurred. The non-performing party is not liable for any lack of performance caused by a force majeure event. A force majeure event may be but is not limited to war, terrorism and natural disasters such as earthquakes, drought and floods.
10. INTELLECTUAL PROPERTY RIGHTS
Kitchen Automatique has the exclusive and worldwide right to all intellectual property rights related to the products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design and trademarks. You are awarded a non-exclusive, revocable and limited license to use the products and accompanying software. The software is for you own personal use. You may not copy, modify, upload, distribute, transfer, sublicense, lease, lend or rent the software to any third party.
11. PERSONAL DATA
If any part of these Terms is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the agreement will still be enforceable.
13. GOVERNING LAW AND LEGAL VENUE
These Terms are governed by the laws of United States. Any dispute that is not solved amicably shall be resolved by judicial mediation. If judicial mediation fails, you agree to a Court in United States chosen by Kitchen Automatique as legal venue.