Terms of service

Terms of Service

Overview

Welcome to Kitchoice! The terms “we,” “us,” and “our” refer to Kitchoice. Kitchoice operates this store and website, including all related information, content, features, tools, products, and services available through the site in order to provide you, the customer, with a curated shopping experience (the “Service”). Kitchoice is powered by Shopify, which enables us to provide the Service to you.

The following Terms of Service, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), set forth your rights and responsibilities when using the Service.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, using, or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Service.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this Service on devices you own, purchase, or manage.

To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or otherwise authorize another person to use your account.

Section 2 – Our Products

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the actual colors or appearance of products may vary depending on the type of device you use to access the store and your device settings and configurations.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match what is displayed or represented in our online store.

All product descriptions are subject to change at any time without notice, and we reserve the right to make final interpretations. We reserve the right to discontinue any product at any time and may limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 – Orders

When you place an order, you are making an offer to purchase. Kitchoice reserves the right to accept or reject any order at our sole discretion for any reason. Your order is not accepted until Kitchoice confirms acceptance. We must receive and process your payment before your order is accepted.

Please carefully review your order before submission, as cancellation requests may not be accepted once the order has been confirmed. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.

Returns and exchanges are subject to our Refund Policy [LINK].

You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

Section 4 – Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for products or services will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping fees, handling charges, duties, or import fees.

Prices listed in our online store may differ from prices offered in physical stores, third-party online stores, or other sales channels. We may occasionally offer promotions subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account information, including your email address and payment details, so we can complete your transactions and contact you as needed.

You represent and warrant that:

The credit card information you provide is true, accurate, and complete;
You are duly authorized to use the credit card;
Charges incurred by you will be honored by your credit card company; and
You will pay all charges incurred at the posted prices, including shipping fees and applicable taxes, if any.

Section 5 – Shipping and Delivery

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or circumstances beyond our control.

Title and risk of loss pass to you once the products are transferred to the carrier.

Section 6 – Intellectual Property

Our Service, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are owned by Kitchoice, its affiliates, or licensors and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

These Terms permit you to use the Service solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without our prior written consent.

Nothing in these Terms grants you any license or rights to any intellectual property owned by Kitchoice, Shopify, or any third party unless expressly stated.

The Kitchoice name, logo, product names, service names, designs, and slogans are trademarks of Kitchoice or its affiliates or licensors. Shopify’s trademarks are owned by Shopify. All other names, logos, and marks appearing in the Service belong to their respective owners.

Section 7 – Optional Tools

We may provide you with access to third-party tools as part of the Service, which we neither monitor nor control.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties or endorsements of any kind. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).

We may also introduce new features and services in the future, which shall also be subject to these Terms of Service.

Section 8 – Third-Party Links

The Service may contain materials or hyperlinks to third-party websites or services. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

If you choose to access any third-party websites, you do so at your own risk. We are not liable for any damages or losses related to your use of third-party products, services, resources, or websites.

Please review the third party’s policies and practices carefully before engaging in any transaction.

Section 9 – Relationship with Shopify

Kitchoice is powered by Shopify, which enables us to provide the Service. However, any sales or purchases made through our store are conducted directly between you and Kitchoice.

By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and Kitchoice, including any injuries, damages, or losses resulting from purchases made through our store.

You hereby expressly release Shopify and its affiliates from any claims, damages, or liabilities arising out of or related to your purchases or transactions with Kitchoice.

Section 10 – Privacy Policy

All personal information collected through the Service is governed by our Privacy Policy [LINK], and certain personal information may also be subject to the Shopify Privacy Policy.

Because the Service is hosted by Shopify, Shopify processes personal information relating to your access and use of the Service in order to provide and improve the Service.

Information submitted through the Service may be transferred to Shopify and third parties located outside your country of residence.

Section 11 – Feedback

If you submit ideas, suggestions, proposals, feedback, comments, or other materials (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.

You represent and warrant that:

You own or control all rights to the Feedback;
You have disclosed any compensation or incentives related to the Feedback; and
Your Feedback complies with these Terms.

We are under no obligation to:

Maintain any Feedback in confidence;
Pay compensation for Feedback; or
Respond to any Feedback.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally, information on the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders if any information is inaccurate at any time without prior notice.

Section 13 – Prohibited Uses

You may use the Service only for lawful purposes. You may not use the Service:

For any unlawful or malicious purpose;
To violate laws or regulations;
To infringe intellectual property rights;
To harass, abuse, defame, threaten, or discriminate against others;
To transmit false or misleading information;
To distribute spam or malicious code;
To impersonate another person or entity;
To interfere with the security or operation of the Service.

You also agree not to:

Upload viruses or malicious code;
Scrape or extract data from the Service;
Use bots, crawlers, AI agents, or automated tools to access the Service;
Circumvent security measures or access restrictions.

We reserve the right to suspend or terminate your access if you violate these Terms.

Section 14 – Agents

If you use or deploy any autonomous or semi-autonomous software agent (“Agent”) to access or interact with the Service, this section applies.

Agents must:

Clearly identify themselves in all HTTP/HTTPS requests using “Agent/[Agent Name]” in the user-agent string;
Not disguise themselves as human users;
Answer truthfully when asked whether interactions are automated; and
Not circumvent measures intended to regulate or restrict Agent access.

We may restrict or prohibit Agent access to the Service at any time.

Section 15 – Termination

We may terminate these Terms or your access to the Service at any time without notice. Obligations and liabilities incurred before termination shall survive termination.

Sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, privacy, and any provisions intended to survive termination shall remain in effect.

Section 16 – Disclaimer

Information provided through the Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information.

Except as expressly stated by Kitchoice, the Service and all products provided through the Service are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee uninterrupted, secure, or error-free use of the Service.

Some jurisdictions do not allow limitations on implied warranties, so certain disclaimers may not apply to you.

Section 17 – Limitation of Liability

To the fullest extent permitted by law, Kitchoice, its affiliates, employees, agents, licensors, service providers, and Shopify shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or products purchased through the Service.

This includes, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.

Section 18 – Indemnification

You agree to indemnify, defend, and hold harmless Kitchoice, Shopify, and their affiliates, officers, employees, contractors, licensors, and service providers from any claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from:

Your violation of these Terms;
Your violation of any law or third-party rights; or
Your use of the Service.

Section 19 – Severability

If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of remaining provisions.

Section 20 – Waiver; Entire Agreement

Failure by us to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies posted on the Service, constitute the entire agreement between you and us regarding the Service and supersede prior agreements or communications.

Section 21 – Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent.

We may assign or transfer these Terms without restriction or notice.

Section 22 – Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the jurisdiction where Kitchoice is headquartered.

You and Kitchoice agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction.

Section 23 – Headings

Headings in these Terms are included for convenience only and shall not affect the interpretation of these Terms.

Section 24 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Service following any changes constitutes acceptance of those changes.