Terms of Use

Welcome to Kitchen Switchen. Here are a few of Mom’s rules to better serve both our customers and resellers. Get the bake!

To better understand our terms of use. Please read the following.  If you are selling or purchasing from our platform, you agree to these terms. These terms of use govern your use of our e-commerce store and community marketplace by the State of Arizona. By using our platform, you accept these terms in full. If you disagree with any of these terms, you should not use our store, sell, or purchase products from our platform marketplace.

Our e-commerce marketplace provides you with an online platform to purchase or sell goods that are in line with our company policies. Consumers may also purchase products directly from Kitchen Switchen directly. 

We believe that these policies and practices are essential to creating a safe and welcoming environment for all our customers. We welcome feedback from our customers and will continue to review and update our policies as needed to ensure that we are always promoting inclusion and respect on our platform.

If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, lets switch your Kitchen.  Kitchen Switchen connects people around the world, both online and offline, selling, and buying Kitchenware products.

Governing Law

These terms of use are governed by the laws of Arizona. Any disputes arising from these terms of use will be resolved in Arizona, Maricopa County courts.

This Customer Terms Agreement (“Agreement”) is between Kitchen Ventures, LLC (“Kitchen Switchen”) and the person or entity that has clicked on the “AGREE” button at the end of this Agreement (“You,” “Your” or “Yours”).

This Agreement describes the terms under which You may use this website (the “Website”) to (a) purchase Kitchen-related products (“Products”) from third-party resellers (“Third-Party Resellers”); (b) purchase Products directly from Kitchen Switchen (“Kitchen Switchen Products”) and (c) sell Products that You own to third-party customers (“Third-Party Customers”).

By clicking on the “AGREE” box at the bottom of this Agreement, You are agreeing to comply with and be bound by all the terms of this Agreement.  If You do not agree to be bound by all the terms of this Agreement, You may still browse the Website, but certain features such as the ability and buy and sell Products, and to provide certain information to Kitchen Switchen, will not be available to You. 

IMPORTANT:  THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 12 (“Agreement to Binding Arbitration and Class Action Waiver”) BELOW.

YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY (e.g., EIGHTEEN (18) YEARS OF AGE), IN THE JURISDICTION IN WHICH YOU RESIDE, THAT YOU ARE A RESIDENT OF THE UNITED STATES, THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO ENFORCEABLE CONTRACTS, THAT YOU WILL USE THE WEBSITE SOLELY IN THE UNITED STATES, AND THAT YOU AGREE WITH AND WILL COMPLY WITH ALL THE TERMS OF THIS AGREEMENT.

  1. ACCOUNTS

The Website includes certain special features allowing the purchase and sale of Products (the “Services”).  To use those Services, You must first create and maintain an account (“Account”) with Kitchen Switchen. When You create an Account, You must fully and accurately complete the sign-up page and provide to Kitchen Switchen such fully accurate information as Kitchen Switchen may require, including without limitation Your name, Your contact information, Your telephone number, and Your email address (collectively, “Account Information”), and You will be required to set a user ID and login password for the Account (selected by You, subject to Kitchen Switchen security and other requirements). You agree to keep all Account Information updated and correct [via your Kitchen Switchen account.]  Your Account is associated with You and You are responsible for all activities that take place with respect to Your Account. You hereby agree to indemnify Kitchen Switchen and defend Kitchen Switchen from and against any, and all, losses or liabilities arising from any disclosure or misuse of Your Account Information other than by Kitchen Switchen.  The Kitchen Switchen Privacy Policy (which can be found at http://www.KitchenSwitchen.com/privacy as it may be amended from time to time (the “Privacy Policy”), applies to any information You provide to Kitchen Switchen as part of Account Information or otherwise, or that Kitchen Switchen collects through other means as described in the Privacy Policy. The Privacy Policy is hereby incorporated by reference into this Agreement, and will govern Your relationship Kitchen Switchen regarding Your Account, including the collection and use of data, and Your agreement to resolve any disputes by mandatory binding arbitration without a jury, to waive bringing claims by class actions or other representative actions, and a time limit on bringing claims.

By creating Your Account, You agree to receive recurring marketing messages at either your mobile number or email address provided as part of Account Information.  Message and data rates may apply.  If You wish to be removed from the Kitchen Switchen marketing list, You may send an email to opt-out@KitchenSwitchen.com to opt-out of messages.  If a text message has been sent, texting STOP or its equivalent, You will receive one additional message confirming that Your request has been processed.  [Kitchen Switchen may, however, still contact You via text or email in emergency situations, such as fraud or potential fraud involving Your Account.]  In the event You change or deactivate Your mobile number or email You must notify Kitchen Switchen at opt-out@KitchenSwitchen.com to have Your information removed.  Kitchen Switchen shall not be liable for any violation or laws or regulations arising from or in connection with any carrier network failure or malfunction, and in no event shall Kitchen Switchen be responsible for any delayed or undelivered messages.

  1. SELLERS AND BUYERS

Through the Service, You may choose to be a Seller, a Buyer, or both.

When You are acting as a Seller, the following applies to You:

  • You must provide to Third-Party Customers fair, reasonable, clear, legally enforceable and accurate terms and conditions, and You must meet all representations and statements You have included in Your listings of Products for sale. Without limiting the generality of the foregoing, those terms and conditions shall include:
  • Prices and discount.
  • Descriptions of products, condition, and dimensions.

When You are acting as a Buyer, the following applies to You:

  • You must always deal honestly and fairly with each Third-Party Reseller and with Kitchen Switchen.
  • You will be polite and courteous.
  • You will pay for Products on time and in full as required by each corresponding Seller.

ORDERS

  • When you place an order, you are offering to purchase a product. Kitchen Switchen and its resellers reserve the right to decline or cancel any order at any time. We will do our best to fulfill all orders, but we cannot guarantee that all products will be available.

PRICES AND PAYMENT AND FEES

  • Prices for products are displayed on our E-Commerce and Marketplace community stores. Both Kitchen Switchen and Resellers on our Marketplace reserve the right to change prices at any time. All prices are in the currency specified on our store or resellers marketplace. You must pay for your order at the time of purchase.
  • For Resellers, please refer to our FAQs for fees relating to selling on Kitchen Switchen’s marketplace.

DELIVERY AND SHIPPING

  • We will make every effort to deliver products on time, but we are not responsible for any delays. Shipping costs are displayed on our E-Commerce store and on the reseller sites.

KITCHEN SWITCHEN NEW PRODUCT RETURNS AND REFUNDS

  • Kitchen Switchen customer returns shall be honored for a full refund within 30 days from the purchase date, and the product must be in its original condition with all packaging and accessories, no damage nor shows signs of wear. Kitchen Switchen may not accept the return if the return does not meet these requirements. The refund amount may not include the original shipping cost.

EXCHANGES

  • Kitchen Switchen customers may exchange their products for a different size or color. The exchange may only be available for the same product or a product of equal value on a limited basis.

FINAL SALE ITEMS

  • Some products may be marked as “Final Sale,” which means they cannot be returned or refunded.

MARKETPLACE RESELLER RETURNS AND REFUNDS

  • Kitchen Switchen is dedicated to making buying and selling a great experience. To return eligible items, the buyer must request a return within 4 business days of shipment delivery. The seller will be responsible for return shipping costs if the return is due to an incorrect item sent or item is not as described. The buyer will be responsible for return shipping cost if return is due to any other reason. Refunds will be issued within 7 days of acceptance of return.
  • For Buyer’s protection, your payment isn’t released to the seller until your order has been received. If your item does not match the description, you must file a return within 4 business days of delivery. If a return request is not submitted within the 4 business day window, payment is released to the Seller and the sale is final.
  • For Seller’s protection, when the listed item sells, a prepaid shipping label will be emailed to you. Once the order has been delivered and after the Buyer’s 4 business day return window has passed, Kitchen Switchen will release the funds to your preferred payout method.

MARKETPLACE RESELLERS

  • Marketplace resellers who wish to sell products or services on our platform must register for a Marketplace Reseller Account and agree to our Terms of Use.
  • Marketplace resellers and consumers may send each other direct messages using the community’s built in messaging system. These messages are separate from our customer support at Kitchen Switchen. Kitchen Switchen does not access or read when you are in community spaces.
  • By using direct messages within the Kitchen Switchen, reseller marketplace, you agree to all Kitchen Switchen policies. In addition, you may not send messages that are considered: 
    • Abusive, threatening, defamatory, harassing, or otherwise, in violation of our anti-discrimination policy. Obscene or vulgar, or for the solicitation of illegal activities.
    • Unsolicited advertising our promotions.
    • If you receive an inappropriate message, report the Contant to Kitchen Switchen immediately. To do so go to your direct message inbox, open the message, contents, and use the “Report As Inappropriate” function to alert our support team.

CONTENT

  • All text, images, videos, graphics, logos, trademarks, and other content on our services (collectively, the “Content”) is owned by or licensed to Kitchen Switchen and protected by copyright, trademark, and other applicable laws. Except as expressly permitted in these terms, you may not reproduce, distribute, modify, or otherwise use the contact without the express written consent of Kitchen Switchen, nor the respective rights holder. 
  • User generated content.
  • By submitting, posting, or otherwise, providing any content or materials to our services, you grant Kitchen Switchen, a non-exclusive, worldwide, royalty, free, perpetual, irrevocable, sub license, a bowl, and transferable license to use, reproduce, distribute, display, perform, modify, and otherwise exploit such contacts for any purpose, including without limitation promoting and redistributing part or all of our services.
  • You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above license, and that your submitted content does not in French any intellectual property, rights, privacy, rights, or any other rights of any third-party.

PROHIBITED ACTIVITY

  • You agreed to not engage in any of the following prohibited activities:
    • Using our services for any illegal or unauthorized purpose, or in violation of any applicable laws or regulations; B. attempting to gain on authorize access to our system, or networks, or interfering with the normal operation of our services; C. using any automated means, such as robots, spiders, or scrapers, to access, collect, or harvest data from our services; D. submitting false, misleading, or defamatory information or content; E. Infringing on the intellectual property, rights, privacy rights, or any other rights of others; F. Transmitting any viruses, worms, or other harmful code or content; G. Engaging in any activity that we determine inappropriate, in our sole discretion.
  1. Data Collection

The Service collects certain information regarding Your activities on the Website including without limitation the purchase and sale of Products (“Website Data”). You hereby give Kitchen Switchen the right, without any compensation or obligation to You, to collect and use Website Data to provide the Service to You, to protect Kitchen Switchen, to improve the Kitchen Switchen business and products, and to develop new products or services, subject to the Privacy Policy.  Kitchen Switchen may perform analytics to derive, compile and/or otherwise create aggregated and anonymized data from Website Data (collectively “Derived Data”). All right, title, and interest in and to Derived Data will be owned by Kitchen Switchen.

  1. Kitchen Switchen Company Values

Kitchen Switchen provides the Website and the Service as part of its commitment to fairness and honesty for the benefit of Customers and the community at large.  Accordingly, Kitchen Switchen does not permit certain content to be posted on, or communications made through, the Website and the Service where such content does not reflect that commitment.  The content that is not permitted, and that will be deemed a material breach of this Agreement, includes, without limitation:  (a) insulting and demeaning comments; (c) racist, sexist, bigoted, homophobic and other degrading comment based on any third party’s characteristics or membership in any group; (d) pornographic, sexually explicit or vulgar content; (e) content that encourages or incites violence or hatred or any person or organization; and (f) any other content that Kitchen Switchen deems inconsistent with its value or business objectives.

  • WHAT DOES THIS MEAN? At our online store, we are committed to creating a safe and welcoming environment for all our customers, vendors, or sellers regardless of their race, ethnicity, gender, sexual orientation, religion, age, or any other characteristic. We have zero tolerance for discrimination and hate speech, and we will take all necessary steps to ensure that our platform remains a place of inclusion and respect.
  • To that end, we have implemented the following policies:
    • Reporting Mechanism: We have a reporting mechanism in place for customers to report any discriminatory behavior or hate speech they encounter on our platform. We take all reports seriously and will investigate each one thoroughly. To report a violation please send to violations@kitchenswitchen.com
    • Enforcement: We enforce our policies consistently and fairly. We reserve the right to remove any content that violates our policies, and we may suspend or terminate the account of any user who engages in such behavior.
  1. GRANT OF LICENSES

Subject to the terms and conditions of this Agreement and solely during its term, Kitchen Switchen hereby grants You a non-exclusive, non-transferable license to use the Services via Your Account. You hereby acknowledge that the Website and the Service contain Kitchen Switchen confidential information and know-how, and You shall not use such confidential information or know-how except to the extent necessary to exercise the rights granted to You hereunder.

You will not, and will not permit or authorize third parties to:  (a) disassemble or reverse engineer any element of the Website or the Service provided to You hereunder; or (b) circumvent or disable any technological or anti-tampering features or measures in the Service; (c) distribute, lease, rent, grant a security interest in, assign, or otherwise transfer the Service; (d) implement any functionality that interferes with the functionality of the Service; or (e) utilize the Service to create an any products or services that compete with or would reasonably be seen as a replacement for any products or services offered by Kitchen Switchen.

You may, but are not required to, provide Kitchen Switchen with suggestions, comments, or other feedback regarding the Website and the Service (collectively, “Feedback”).  You agree Kitchen Switchen may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any product, technology, service, specification, or other documentation of Kitchen Switchen as Kitchen Switchen sees fit.

  1. RESERVATION OF RIGHTS

All rights, title, and interest in and to the Website and the Service shall be owned solely and exclusively by Kitchen Switchen or its licensors.  You also acknowledge that the Website and the Service is or may be covered by patents and/or patent applications. Except as provided in this Agreement, no express or implied licenses or other rights are provided to You under any patents, patent applications, or other intellectual property rights of Kitchen Switchen.  Nothing in this Agreement shall be construed to restrict the right of Kitchen Switchen to make, use or license any products or services, including all associated intellectual property, to other commercial and noncommercial entities. Please refer to intellectual Property Policies provided on our site.

  1. DISCLAIMER OF WARRANTIES AND EXCLUSIVE REMEDY

Kitchen Switchen provides all goods and services, including without limitation, the website, and services on an “as is” basis, without any warranties, express or implies, statutory or arising from course or dealing, usage or trade, and further including any warranty of merchantability, reliability, accuracy, title, non-infringement of third-party rights or fitness for a particular purpose. Some jurisdictions do not permit the limitation of certain warranties, so the foregoing may not apply to You.

  1. LIMITATION OF LIABILITY

Kitchen Switchen shall not be liable to you or any third party for any consequential, accidental, special, punitive, or indirect damages, including but not limited to loss of profits, loss of data, revenues, sales, business, goodwill, or use. In no event shall the total liability of Kitchen Switchen under this agreement or with respect to any of the services, Kitchen Switchen products or the website exceed the greater of one thousand dollars ($1000.00) or the amount paid by you to Kitchen Switchen in the one (1) year period immediately preceding the first event giving rise to such liability. Some jurisdictions do not allow the limitation of certain damages, so the foregoing may not apply to You.

  1. TERM

The term of this Agreement shall commence on the date You agree to this Agreement and shall end when terminated by either party as hereinafter provided.  Upon the termination of this Agreement, and at the discretion of Kitchen Switchen, Kitchen Switchen shall deactivate Your Account and Your ability to use the Service.

  1. REVISIONS

Kitchen Switchen may revise this Agreement from time to time to reflect changes in relevant laws and regulatory requirements or otherwise. In such case, Kitchen Switchen will make a commercially reasonable effort to provide notice.  We reserve the right to modify these terms of use at any time. Any changes will be posted on our e-commerce store and community marketplace. Your continued use of our store after such changes indicates your acceptance of the modified terms.

  1. ENTIRE AGREEMENT; LAW AND JURSDICTION

This Agreement constitutes the entire agreement and supersedes all prior or contemporaneous agreements, whether written or oral, between the parties hereto with respect to the subject matter hereof.  Other than as set forth in Section 10 (“Revisions”), this Agreement may not be amended or modified, in whole or in part, except by an amendment in writing signed by the parties hereto.  Kitchen Switchen may assign this Agreement in whole or in part without notice. Otherwise, neither party may assign this Agreement, or any of its rights or obligations hereunder, without the prior written consent of the other party. 

  1. AGREEMENT TO BINDING ARBITRATION AND CLASS ACTION WAVIER

EXCEPT AS EXPRESSLY STATED TO THE CONTRARY HEREIN, YOU AND KITCHEN SWITCHEN ARE MUTUALLY AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE DISPUTES IN A COURT (OTHER THAN SMALL CLAIMS COURT) OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO A DISPUTE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION OR SMALL CLAIMS COURT IN THE STATE OF ARIZONA, COUNTY OF MARICOPA.

Except as expressly stated to the contrary herein, You and Kitchen Switchen each agrees that all disputes (whether based in contract, tort, statute or otherwise) between You and Kitchen Switchen that in any way relate to or arise from any aspect of our relationship, this Agreement or the Service, including without limitation Your use or attempted use of the Service or Your Account, all provision or use of Your personal information and the terms of the Privacy Policy, marketing related to the Service, all rights and licenses granted to You, and the validity and enforceability of the Agreement, including its arbitration provisions, any applicable warranty, or the sale, condition, or performance of the Service, shall be resolved exclusively through final and binding arbitration, and not by a court or jury.  Any such dispute shall not be combined or consolidated with a dispute involving any other person or entity’s product or claim.  Specifically, without limitation of the foregoing, You shall not under any circumstances proceed as part of a class action.  The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law.

The arbitration shall be conducted according to the American Arbitration Association (“AAA”) Arbitration Rules applicable to consumer disputes. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. This Agreement is entered into pursuant to the Federal Arbitration Act.  The laws of the State of Arizona, without reference to its choice of law principles, shall govern the interpretation of the Agreement and all disputes that are subject to the Agreement.

The arbitrator shall determine the scope and enforceability of this agreement to arbitrate and all arbitrability issues, including without limitation whether a dispute is subject to arbitration.  This agreement to arbitrate also applies to claims against any Kitchen Switchen employees, representatives, parents, and other affiliates.  If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, You and Kitchen Switchen agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. If the law allows for an award of attorney’s fees, expert witness fees, arbitration fees and/or costs incurred by You should You prevail in arbitration, an arbitrator may award them too.  You will not be required to pay any fees or costs incurred by us if You do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs.  Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.

The parties understand that, absent from these mandatory provisions, they would have the right to sue in court (other than small claims court) and have a jury trial.  They further understand that the right to discovery may be more limited in arbitration or small claims court; and review of an arbitration award (or small claims court judgment) also may be limited.

Exception - Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to You for the Service under the Agreement.  Claims expressly excepted from arbitration are subject to the jurisdiction and applicable law provisions in SECTION 11 (“ENTIRE AGREEMENT; LAW AND JURISDICTION”) of the Agreement directly above.

Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction.  If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the AAA that it wants the case decided by a small claims court, after which the AAA may close the case.

30 DAY RIGHT TO OPT OUT: You have the right to opt-out and not be bound by the agreement to arbitrate and class action waiver provisions above by sending written notice of Your decision to opt-out to the following email address: opt-Out@kitchenSwitchen.com, using the subject line “Arbitration Opt-Out.”  The notice must be sent within 30 days of acceptance of the Agreement; otherwise, You shall be bound to arbitrate disputes in accordance with the terms above.  If You opt-out of these arbitration provisions, Kitchen Switchen also will not be bound by them.  Opting out will not affect in any way the other benefits to which You otherwise may be entitled to under the Agreement.

  1. DMCA

This agreement hereby incorporates by reference all terms of the Kitchen Switchen Digital Millennium Copyright Act Notice and Take-Down Provisions located here. https://www.copyright.gov/dmca/

Please refer to the Kitchen Switchen Intellectual Policies for more information.

  1. NOTICES AND PERMISSIONS

If You have any questions or comments about Kitchen Switchen or this Agreement, or if You wish to request any special permissions from Kitchen Switchen, You may contact Kitchen Switchen at the street and email addresses appearing at the bottom of this Agreement.

  1. GENERAL; SURVIVAL

The provisions of this Agreement that by their nature are intended to survive shall survive any expiration or termination hereof, including without limitation any and warnings, disclaimers, limitations of liability, and warranty disclaimers.

  1. NO THIRD-PARTY BENEFECIARIES

There are no third-party beneficiaries to this Agreement.

  1. SUBCONTRACTING

Kitchen Switchen may subcontract any performance associated with this Agreement, provided that such subcontract does not relieve Kitchen Switchen of any of its obligations under this Agreement.

  1. COMPLIANCE WITH LAWS

Each party will comply with all laws and regulations applicable to their respective obligations under this Agreement. Kitchen Switchen may restrict the availability of Kitchen Switchen as it deems necessary to comply with applicable laws and regulations.

  1. NOTICES

All notices provided by Kitchen Switchen under this Agreement, including those regarding modifications to this Agreement, may be given by any means described herein via Your Account Information. You agree that any applicable notices that Kitchen Switchen sends You electronically or posted in our terms and conditions will satisfy any legal communication requirements. We encourage you to review the terms and conditions on an ongoing basis. Any notices to Kitchen Switchen shall be in writing, sent via certified mail, return receipt requested, or via reputable overnight delivery service, such as FedEx, and directed to:

2222 W. Parkside Lane #108

Phoenix, AZ 85027

hello@kitchenSwitchen.com

  1. FORCE MAJEURE

Neither party shall be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

  1. NO WAIVER

Failure by either party to enforce any right under this Agreement will not waive that right.

  1. HEADINGS

The headings used in this Agreement are for convenience and shall not affect the interpretation or construction of any provision.

  1. ENTIRE AGREEMENT

This Agreement is the complete agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous communications, understandings, or agreements (whether written or oral) with respect thereto. If any portion of this Agreement is not enforceable, it will not affect any other terms.

YOU AND KITCHEN SWITCHEN AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

AGREED

Copyright 2023

Kitchen Ventures, LLC

All Rights Reserved

If You have any questions or comments about Kitchen Switchen or this Agreement, or if You wish to request any special permissions from Kitchen Switchen, You may contact Kitchen Switchen at:

2222 W Parkside Lane #108

Phoenix, AZ 85027

hello@kitchenSwitchen.com