Last Updated: April 2021
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FINDEM USA CORP, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms of sale (the “TOS“) apply to the purchase and sale of products and services through gioskitchen.com (the “Website“). These TOS are subject to change by FINDEM USA CORP (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the TOS will be in effect as of the “Last Updated” date referenced at the top of these TOS. You should review these TOS prior to purchasing any product or services that are available through this Website. Your purchase after the “Last Updated” date will constitute your acceptance of and agreement to such changes.
These TOS are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website (see Section 13).
1) Product Descriptions
(a) Occasionally, a small number of items on this Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on this Website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
(b) We strive to display as accurately as possible the colors of the products shown on the Website; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate.
2) Quantity Limits & Dealer Sales
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers. If this limit applies, we will notify you by posting on the Website. If you are interested in purchasing multiple quantities of items for a corporation, institution, or not-for-profit organization, please contact us.
3) Rules for Promotions
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these TOS. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If there is a conflict between the rules for a Promotion and these TOS, the Promotion rules will govern.
4) Gift Cards & Certificates
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Florida. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
5) Order Acceptance
You agree that your order is an offer to buy, under these TOS, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Some of the reasons we may decline the order are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or fraud. We will contact you if we decide to decline your order or if we need more information. If we decline your order, we will credit your credit card for any amount charged with respect to such order.
6) Prices and Payment
(a) All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. Where applicable, all such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. Tax rates are determined and may vary based on the delivery address of the order. TAX RATES ARE SUBJECT TO CHANGE AT ANYTIME.
(b) We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(c) The following terms may be used by us to communicate pricing information:
i) “LIST” references the manufacturer’s suggested retail price.
ii) “OUR PRICE” references our normal price for a product or service. “List” prices will be listed in black along with our “Our Price” pricing in red online and in our catalog (ex., online: List $15.00 Our Price. $10.99). “Our Price” in red refers to the everyday value price we offer to our customers.
iii) “SALE” refers to a reduced price for a product or service.
iv) “CLEARANCE” refers to a reduced price for a product or service that will be discontinued.
(d) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
7) Shipments, Delivery, Title and Risk of Loss
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
8) Returns and Refunds
Except for any products designated on the Website as final sale or non-returnable, we will accept a return of products. If you are not fully satisfied with your purchase of items sold by us, you may return it in accordance with our Return Policy. The Return Policy is incorporated into these TOS in its entirety.
9) Cancel an Order
You may cancel your order, for any reason, and receive a full refund provided your order has not been shipped. Please note that a small percentage of orders cannot be stopped from shipping out of our warehouse even though they may not have physically left the premises. In these rare instances, the customer will be responsible for whatever shipping charges are incurred.
Typically, most orders are filled and shipped within 24 to 48 hours from the time they are received. Our support team can inform you of the status of your order and advise you whether or not the order can be canceled for a full refund. Once an item is shipped the terms of our Returns Policy will take effect. We reserve the right to charge a restocking fee on any canceled orders.
PLEASE NOTE: Cancellations requests may be sent via email at info@gioskitchen.com and will be approved as applicable and/or a service representative will call you to discuss. Customers are fully responsible for improperly submitted cancellations.
10) Manufacturer’s Warranty and Disclaimers
(a) We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer’s warranty as detailed in the product’s description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
(b) ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
11) Limitation of Liability
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
(b) The limitation of liability set forth above shall only apply to the maximum extent permitted by law.
12) Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
13) Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, [HYPERLINK TO PRIVACY POLICY], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
14) Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these TOS, for any failure or delay in our performance under these TOS when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
15) Governing Law and Jurisdiction
This Website is operated from the US. All matters arising out of or relating to these TOS are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
16) Dispute Resolution and Binding Arbitration
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) BY MAKING ANY PURCHASE OF PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT CONTAINED IN OUR TERMS OF USE, WHICH REQUIRES YOU TO ENGAGE IN BINDING ARBITRATION TO RESOLVE ANY DISPUTES BETWEEN US, SO PLEASE READ IT CAREFULLY.
17) Assignment
You will not assign any of your rights or delegate any of your obligations under these TOS without our prior written consent. Any purported assignment or delegation in violation of this Section 17 is null and void. No assignment or delegation relieves you of any of your obligations under these TOS.
18) No Waivers
The failure by us to enforce any right or provision of these TOS will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of FINDEM USA CORP.
19) No Third-Party Beneficiaries
These TOS do not and are not intended to confer any rights or remedies upon any person other than you.
20) Notices
(a) To You. We may provide any notice to you under these TOS by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these TOS, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to FINDEM USA CORP. 1330 West Ave – Suite 1914 Miami Beach, FL 33139. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
21) Severability
If any provision of these TOS is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these TOS and will not affect the validity or enforceability of the remaining provisions of these TOS.
22) Entire Agreement
Our order confirmation, these TOS, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these TOS.
23) Conflicts
In the event, in connection with your purchase of goods of services from our Website, arises any conflict between these TOS, the order confirmation and our Website Terms of Use, the conflict shall be resolved in the following order of precedence: first, the terms of the order confirmation shall prevail, then our Terms of Sale shall prevail, and then the Website Terms of Use shall prevail.