Culina Collection Terms of Use

 Effective Date: September, 25 2014

Welcome and thank you for visiting Culinacollection.com! 

These Terms of Use (the "Terms of Use") govern your use of Culinacollection.com (the "Site"). Your access to, and use of, the Site and the services made available on the Site (the "Services") are subject to these Terms of Use. The terms “Culina”,"Culinacollection" "we", "us", or "our" shall refer to our company Culina and its subsidiaries, affiliates and parent companies.

By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Use and you are consenting to have your personal data transferred to and processed in the United States.

Please carefully review the terms and conditions of our Site.

We may change or modify these Terms of Use at any time and such changes or modifications will come into effect immediately upon posting to the Site. We will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Services or the Site after any change or modification constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Services or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

Payment & Billing Terms

We accept the following types of credit card payment: Visa, Mastercard, Discover and American Express (all transactions are processed by either Paypal or Amazon Payments). You will only be billed the total specified during your checkout, there will be no recuring billing.

Eligibility

The Site is available only to users who can form legally binding contracts under applicable law. Any registration by, use of or access to the Site by anyone under 14 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are 14 years of age or older and that you are fully able to enter into and abide by all of the terms and conditions of these Terms of Use.

Shipping Terms

We offer standard shipping everyday on U.S. orders when shipping to the lower 48 states. 

Most orders ship within 1-2 business days, unless otherwise stated on the product page under the Shipping & Returns tab. Your final shipping cost and estimated delivery timeframe will be available to you during checkout.

Our standard shipping method is ground shipping. We will ship your order via any of the major mail carriers, including UPS, FedEx, and the United States Postal Service. At this time we are unable to provide the option to choose your carrier of choice.

Please note, some items may require a longer ship-out and/or delivery timeframe. 

Search Results and Content

When you enter a search term into the Culinacollection shopping search, the Site displays the results of your search. Such search results consist of offers from our online store. You agree and acknowledge that offers are subject to change at any time, and may have many additional restrictions and limitations. 

We sell, resell and license the products that appear on the Site and we are an agent for the sale of any such products. You agree that you will contact us, the online merchant, directly for customer service, technical support and any other inquiries regarding your purchase.

Third Party Sites and Third Party Content

Should the Site contain links to third-party vendors and accept advertising from third-party vendors, we have no control over, and we assume no responsibility for, the content, privacy policies or business practices of any third party sites or any third party content contained on the Site. 

By using the Site and Services, you expressly release us from any and all liability arising from third party sites, content provided by third parties and any products provided by third parties. Neither these Terms of Use nor the Culina Privacy Policy apply to any third party sites. You should review the applicable terms and policies of any third party site before using it.

Personal Use Only

The Site and Services are made available for your personal, non-commercial use only. You may not use the Site to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror the Culinacollection.com home page or results pages on your website. You may not "meta-search" the Site. If you want to make commercial use of the Services, you must enter into a written agreement with us to do so in advance.

Privacy Policy

Click here to review the Culinacollection.com Privacy Policy.

Reviews and Content Submissions

Users are encouraged to contribute content to the Site, whether in the form of reviews, comments, information, edits to existing content, ratings, video content or suggestions. With respect to any such content that you might contribute, you represent and warrant that (a) you are the sole owner of such content, (b) you have all necessary rights to contribute such content and (c) none of your contributed content is subject to a confidentiality obligation. You grant to us a worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to sublicense, use, copy, modify, create derivative works from, delete, display, publish, distribute and sell such content, and to incorporate such content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you.


We request that you do not contribute any content that you post on the Site to other shopping sites. If you choose to republish your content, we request that you republish your content by linking to the relevant page of Culinacollection.com. You acknowledge that we have the right, in our sole discretion to delete any contributed content at any time.


You agree that you will not contribute content to the Site that contains:

  • False, inaccurate or misleading information;
  • Defamatory, libelous, pornographic, violent, hateful or otherwise offensive statements;
  • Personal information about another person, such as name, address, email address or phone number;
  • Advertising or commercial content;
  • Viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or appropriate any system or data; or
  • Content for which you receive compensation or other consideration from a third party.

 

User Conduct; General Practices
You agree that you will not:

  • Remove any copyright, trademark or other proprietary rights notice contained on the Site or on any material downloadable from the Site;
  • Harvest or collect information about other users;
  • Frame the Site, place pop-up windows over its pages, or otherwise affect the way the Site is displayed, unless you have first received our express written permission;
  • Add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Site;
  • Use the Site to harass others; or
  • Decompile, reverse engineer, or disassemble the Site, its contents or technology.

 

You agree not to use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site, or to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.


You acknowledge, consent and agree that we may access, preserve and disclose your account information and user content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to your requests for customer service; or (d) protect our rights, property or personal safety and those of our users and the public. You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


You acknowledge that we may establish general practices and limits concerning use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any communications or other content maintained or transmitted by the Services. You further acknowledge that we reserve the right to modify these general practices and limits from time to time. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA, THAT ARISE IN WHOLE OR IN PART FROM THE SITE OR THE SERVICES, OR THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, OR THE CONTENT CONTAINED ON, OR LINKED TO BY, THE SITE, OR FAILURE TO PROVIDE THE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF UNLESS WE MAKE MATERIAL CHANGES TO OUR PERSONAL INFORMATION COLLECTION AND/OR USE PRACTICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

Indemnification

You agree to defend and indemnify Culinacollection.com, its affiliates, subsidiaries and parent companies, and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to reasonable legal and accounting fees), brought by third parties as a result of (a) your breach of these Terms of Use; (b) your violation of any law or the rights of any third party; (c) your use of the Site or the Services or any products or product offers found on the Site.

Governing Law; Other

The laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in San Diego, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of San Diego, California.