Terms of Service
Changes in Terms of Service
The Orchard Kitchen and orchardkitchen.com reserves the right to amend and revise the Terms of Service policies. Once these updated policies are posted to the orchardkitchen.com site, these revised terms will be in effect. We encourage you to check back periodically, if you are concerned about changes to our policies.
Content, Trademarks and Copyrights
You acknowledge that orchardkitchen.com contains and provides access to content that is protected by copyrights, trademarks and other intellectual property rights. These rights are protected in all media and technologies either now existing or later developed.
You agree that you will not breach the rights of the copyright holders by reproducing, modifying, claiming as your own, commercially exploiting, publishing or transferring said rights. Furthermore, you agree that you will not download or repost any content from orchardkitchen.com for the purpose of exploitation.
If you are interested in reproducing any content on the orchardkitchen.com web site, you agree that you will contact the owners to secure written permission for use of the material.
Nothing from the orchardkitchen.com site is to be reproduced, published or exploited in any way, in any medium, without express approval from an agent of orchardkitchen.com.
Pricing, Specifications, and Availability
Due to the changing nature of the market and the Orchard Kitchen’s continuing product development, prices, specifications, and availability of product on the orchardkitchen.com site are subject to change without notice. Site product descriptions and photographs may vary slightly from actual product specifications, due to variances between metric and standard measurements, color processing, or for any other manufacturing or conversion cause. We cannot be responsible for photographic differences in color, shape, or size.
Once you place an order on the website, you will receive an order confirmation from orchardkitchen.com. This automated response is only confirmation that we received your order and it does not represent the product's actual stock availability. We will notify you if any items are out of stock, discontinued or if product specifications have changed from the website's description. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether.
We will notify you of any changes, corrections, or stocking issues within 48-hours of the placement of your order. We will not complete your order until we have received written approval from you regarding said changes. Shipping fees, insurance, and sales tax, if any, are not included in the product's published prices.
Orchardkitchen.com accepts Visa, MasterCard and American Express as means of payment on the site. We do not add any Credit Card surcharge.
Orchardkitchen.com collects sales tax on physical products only. Sales tax is calculated, based upon state and local Washington sales tax. There is no tax collected on international orders or for orders shipped outside of the state of Washington.
Links to Third Party Sites
orchardkitchen.com may provide links to third party sites for your interest and convenience. The inclusion of these third party sites does not imply that we endorse these sites or companies or that we are responsible for the Content, Privacy Policies or Terms of Service of any linked site. We encourage you to read the Privacy Policies and Terms of Service of any sites that you visit.
At this time, we do not ship any of our products.
To protect our customers from Internet fraud, orchardkitchen.com reserves the right to refuse to process orders submitted with untraceable or free email addresses or invalid phone numbers.
The Orchard Kitchen encourages you to contact us if you have any questions or concerns that were not addressed in this Terms of Service agreement. Also, we would love to hear from you with any questions, comments, or suggestions that you may have. orchardkitchen.com reserves the right to use any such communications in any manner, including reproducing, disclosing and publishing them without compensation to you. Your direct correspondence with orchardkitchen.com signifies your approval to use your communications in any manner previously referenced. We read every e-mail and do our best to respond within 48 hours. Please email us at firstname.lastname@example.org with any questions or comments that you may have.
Product Warranty and Limitations
Warranty - WE WARRANT THAT OUR PRODUCTS WILL BE FREE FROM MATERIAL AND WORKMANSHIP DEFECTS. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITE, THE ORCHARD KITCHEN AND ORCHARDKITCHEN.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ORCHARD KITCHEN AND ORCHARDKITCHEN.COM'S PRODUCTS OR SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ORCHARDKITCHEN.COM'S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ORCHARDKITCHEN.COM'S SERVICESREGARDING ANY TRANSACTIONS ENTERED INTO THROUGH ORCHARDKITCHEN.COM'S SERVICES SERVICES OR THAT ORCHARDKITCHEN.COM'S SERVICES SERVICES WILL MEET ANY BUYER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability - ORCHARDKITCHEN.COM AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE ORCHARDKITCHEN.COM'S SERVICES, (B) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ORCHARDKITCHEN.COM'S SERVICES(C) YOUR BREACH OF ANY PORTION OF THESE TERMS OF SERVICE, (D) LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA. ORCHARDKITCHEN.COM AND/OR ITS LICENSEE WILL FURTHER NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ORCHARDKITCHEN.COM OR ITS LICENSORS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSELY AGREE THAT USE OF ORCHARDKITCHEN.COM IS AT YOUR SOLE RISK.ORCHARDKITCHEN.COM IS PROVIDED ON AN "AS IS AND AS AVAILABLE" BASIS.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF ORCHARDKITCHEN.COM'S SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ORCHARDKITCHEN.COM'S SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
You agree to indemnify, defend and hold harmless orchardkitchen.com, its licensors, affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of orchardkitchen.com's successors, assigns and licensees.
Governing Law - These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action brought to enforce this agreement or matters relating to this site will be brought in the state or federal courts of Washington. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an agent of the Orchard Kitchen.