Terms of Use

Revised August 9, 2022

 

These Terms of Use (these “Terms”) are entered into between you and The Pampered Chef, Ltd., and its vendors, subsidiaries, and independent sale consultants (collectively referred to as “TPC” or “The Pampered Chef”, “we”, “us” and “our”). These Terms govern your access and use of The Pampered Chef Website located at pamperedchef.com, including official corporate websites, Consultants' personal websites and the Consultant–only part of the Website, known as Consultant's Corner, which are all collectively referred to as the “Website.”

 

Your Consent

By using the Website, you agree to these Terms. Please read these Terms carefully before you start to use this Website. If you do not agree to these Terms, do not use this Website.

 

We reserve the right to modify or otherwise update these Terms at any time by posting the modified version on our Website and updating the revised date. Such changes will automatically be effective upon posting on our Website, and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms.

 

To obtain information about our privacy practices, please see our Privacy Policy, which is incorporated by reference.

 

Corrections

The Pampered Chef reserves the right: (a) to correct any errors, inaccuracies or omissions; (b) to change product or service descriptions, images and references; (c) to limit the available quantity of any product or service; (d) to update information at any time with or without notice; (e) to prevent or prohibit any person, user or customer from making any or all Transaction(s); and/or (f) to refuse to provide any person, user or customer with any product. Prices and availability of any product offered through the website are subject to change without notice, and The Pampered Chef shall not be responsible for errors in the prices or descriptions of such products. Refunds and exchanges will be subject to The Pampered Chef's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Product images and pricing may vary outside the U.S.

 

Intellectual Property Rights

All content provided on the Website, including, but not limited to, all information, text, graphics, images, displays, etc., as well as collection, arrangement and assembly of all content on this Website is our exclusive property and is protected by US and international copyright, trademark, patent, trade secret and other intellectual property and proprietary property laws. Except as stated herein or expressly authorized in writing by TPC, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Website is strictly prohibited.

 

TPC’s name, trademarks, service marks, trade dress and logos (“Trademarks”) used and displayed on this Website are Trademarks used under license. You must not use such Trademarks without the prior written permission of The Pampered Chef and nothing on this Website should be construed as granting any license or right to use any Trademark.

 

Use of Website

These Terms permit you to use this Website for your personal, non-commercial use only and no portion of this Website may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by TPC. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that your conduct violates applicable law or is harmful to our interests.

 

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.

 

User Submissions

We are always pleased to receive your comments, suggestions and ideas regarding TPC products, this Website and other services we provide. We are continuously working on new product ideas for our product pipeline. Many products we develop are in our pipeline for years so a concept or idea you may provide, we might already be developing or considering. Our policy is that TPC and its employees do not accept or consider unsolicited comments, suggestions, ideas, proposals, notes, drawings, concepts, marketing plans or other materials or information (collectively “Submissions”). However, if despite our policy, you submit any Submission(s), you agree that: (a) any Submission is not confidential, (b) we shall have no obligations regarding the Submission including, without limitation, no obligation to acknowledge, review or return and Submission, (c) you represent and warrant that you own or otherwise control all of the rights to the Submission, that all content of the Submission is accurate, that it does not infringe upon the rights of any person or entity and that use of the Submission does not violate these Terms and will not cause financial injury to any person or entity, and (d) by virtue of your Submission, you hereby grant and assign to us, a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, edit, make derivative works from and sell, and incorporate such Submissions and the names identified on the Submissions throughout the world in any media (now known or hereafter invented) for any purpose whatsoever, without restriction and without compensating you in any way. This includes, but is not limited to, any confidential information or any original creative materials such as stories, recipes, product ideas, computer codes or original artwork. We may post your Submission on the Website and we reserve the right (but not the obligation) to monitor, edit and remove any Submission. When you send a Submission, you may choose at any time not to provide personally identifiable information. However, if you do not provide us personally identifiable information this may restrict our ability to provide requested services or information (e.g. processing your order). If we receive a Submission that contains personally identifying information, such as a name, address and/or telephone number, our Privacy Policy will govern how we use or disclose this information. Please refer to our Privacy Policy for further information.

 

Linking

We may provide links to third party websites on this Website. These links are provided for your convenience only and We are not responsible for any of these websites and their content. We do not endorse or make any representations or warranties about such websites or any information or materials located therein or any results that may be obtained from using them. Since we do not control these websites, we assume no responsibility for the privacy practices of such websites. We encourage you to review the privacy policies and terms of use posted on those, and all, third party websites.

 

Purchases

All purchases through this Website or other transactions for the sale of goods formed through this Website are governed by our Terms of Sale, which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

 

Indemnification

You agree to defend, indemnify and hold The Pampered Chef, its affiliates, and their respective directors, officers, managers, members, licensors, employees, agents, consultant sales field and licensors, harmless from and against all claims, liabilities, awards, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms, your use of the Website, or other applicable agreements between us. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall cooperate as reasonably requested by us.

 

Disclaimer and Limitation of Liability

This Website is provided “as is” “WITH ALL FAULTS”, and without express or implied warranties of any kind, including without limitation, the implied warranties of merchantability, fitness for any particular purpose or non-infringement. We do not represent or warrant that this Website will be uninterrupted or error free. In no event will we be liable for any damage or cause of any kind based upon or resulting from any use or inability to use this Website. You acknowledge, by your use of this Website, that your use is at your sole risk. To the extent your jurisdiction does not allow the exclusion or limitation of certain warranties, the scope and duration of such warranty in these jurisdictions and the extent of any of our liability will be the minimum permitted under such law. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PAMPERED CHEF NOR ANYONE ASSOCIATED WITH THE PAMPERED CHEF REPRESENTS OR WARRANTS THAT THIS WEBSITE, OR ITS CONTENT, OR THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Applicable Law

This Website is created and controlled by The Pampered Chef, Ltd. in the State of Illinois, USA. The laws of the State of Illinois govern these terms and conditions, without giving effect to any principles of conflicts of laws. We make no representation that the information on the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms constitute the entire agreement between The Pampered Chef and Website visitors with respect to the Website.

 

Our Address
The Pampered Chef, Ltd.
One Pampered Chef Lane
Addison, Illinois 60101-5630 U.S.A.

 

 

Subscription Transactions

By placing a Pampered Chef subscription order, you accept these terms, conditions, limitations, and requirements. Please read these Terms carefully. The Pampered Chef subscription benefit(s) discussed on the EnrichablesTM or Taste Buds product detail page, and throughout the Pampered Chef website(s), are part of these Terms. Pampered Chef reserves the right to change the Pampered Chef subscription benefit(s), including discount shipping and eligibility of benefits, at any time in its sole discretion. All changes will not apply to orders already processed, but shall apply to future orders, including current subscriptions.

By purchasing a Pampered Chef subscription, you grant Pampered Chef the right to use the information provided by you to process your purchase, in order to create a user profile for you on our website(s): pamperedchef.com or Consultant’s Corner (if applicable).

 

Some of the offer details may change as you receive deliveries over time (e.g. price, taxes, and shipping charges). Your subscription will automatically create a new order according to your chosen delivery schedule, until you cancel.

 

If you register for a Pampered Chef subscription plan, you will be charged for the initial amount at checkout (less the Pampered Chef subscription discount(s) and any applicable sales tax) followed by recurring charges as agreed to by you, unless you notify Pampered Chef at least seven (7) days before the next recurring order is processed, that you want to cancel the Pampered Chef subscription. Until you provide the required advance notice that you wish to cancel this authorization, Pampered Chef may charge and collect the applicable amount, without further authorization from you, using the payment method we have on record for you.

 

The charge for each Pampered Chef subscription will be billed to the payment method used to create your subscription or as otherwise directed by the customer. You hereby consent to Pampered Chef processing and charging the form of payment on file for each reoccurring subscription order. If Pampered Chef is unable to process and complete your Pampered Chef subscription order with your selected payment method used to purchase your subscription, you authorize Pampered Chef to deny the processing of the order(s) and contact you for a proper form of payment.

 

Pampered Chef may, in its sole discretion, terminate your subscription(s) at any time without notice. If Pampered Chef does so, you will be charged for order(s) that have been shipped to you. Your Pampered Chef subscription(s) will remain in effect until it is cancelled. You can cancel at any time via your Manage Subscription page located on your profile (Customers: pamperedchef.com; or Consultants: Consultants Corner); by emailing Pampered Chef: [email protected]; or by calling our Solution Center at: 1 (888) 687-2433. Once you have cancelled your subscription(s), Pampered Chef will process your request within the next five (5) business days. If you cancel your subscription and then reactivate the account, the discount(s) applied to any Pampered Chef subscription product may not be the same discount(s) in effect at the time of cancellation.

 

Pampered Chef subscription benefit(s), such as free shipping, are limited to Pampered Chef subscription purchases only, and are not applied to products outside the Pampered Chef subscription order(s). If an order contains other Pampered Chef products, beyond a Pampered Chef subscription, the Pampered Chef subscription benefit(s) will only apply to Pampered Chef subscription product(s) in that order. The total retail value of a Pampered Chef subscription order, if coupled with other items in your check out cart, will not affect the total retail price that is considered when determining which shipping price bracket is assigned to your purchase. Free shipping on a Pampered Chef subscription order only applies to standard shipping method(s), and does not apply to rushed, expedited, overnight, or any other non-standard shipping methods. Pampered Chef subscription benefit(s) are only available for orders shipping to addresses in the United States and Canada (excluding providence of Quebec).

 

The Pampered Chef subscription benefit(s) are personal to you, and you may not assign or transfer your subscription or any of the benefit(s) to any third party without Pampered Chef’s prior written authorization. Furthermore, recurrence shipments for Pampered Chef subscriptions are not eligible for monthly promotion gifts offered by Pampered Chef.