Kettle & Fire, Inc
Subscription Terms & Conditions
BY ENTERING INTO A SUBSCRIPTION WITH KETTLE AND FIRE, INC. (“KETTLE &; FIRE”), YOU AGREE TO EACH OF THE TERMS AND CONDITIONS (“TERMS”) SET FORTH BELOW:
1. Terms of Sale
1.1 Product Subscriptions. We offer different and customizable plans for our
products (“Product(s)”), as indicated on our websites (“Sites”). The number of Products you receive and the amount you are charged may vary from renewal date to renewal
date depending on the selections you make and Product availability. Changes to your Product Subscription, or other choices you may make (such as the number of Products
you receive), may also result in changes to any applicable shipping and handling
charges and delivery times.
1.2 Continuous Subscriptions. WHEN YOU REGISTER FOR A PRODUCT
SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A)
KETTLE & FIRE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS
AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR PRODUCT
SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER
CHARGES) FOR AS LONG AS YOUR PRODUCT SUBSCRIPTION CONTINUES,
AND (B) YOUR PRODUCT SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL
IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR
APPLICABLE PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP
YOUR MONTHLY PRODUCT ORDER AS OFTEN AS YOU'D LIKE BY MANAGING
YOUR DELIVERY SCHEDULE LOCATED ON YOUR SUBSCRIPTION PAGE. FOR
MORE INFORMATION ABOUT OUR PRICING AND BILLING POLICIES RELATED TO
PRODUCT SUBSCRIPTIONS, PLEASE VISIT THE PRICING PAGE ON OUR
WEBSITE AND OUR FAQS.
1.3 Cancellation Policy. YOU MAY CANCEL YOUR SUBSCRIPTION ONLINE AT
ANY TIME BY EMAILING SUPPORT@KETTLEANDFIRE.COM AND FOLLOWING
THE INSTRUCTIONS IN OUR RESPONSE OR BY CONTACTING CUSTOMER
SUPPORT. ANY SUBSCRIPTION ORDER(S) IDENTIFIED AS “PROCESSING” OR
“SHIPPED” ON YOUR SUBSCRIPTION PAGE, HOWEVER, CANNOT BE
CANCELLED. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY
APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY
PRODUCT ORDER IDENTIFIED AS "PROCESSING" OR "SHIPPED" PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
1.4 In the event you cancel your Product Subscription, please note that we may
still send you promotional communications about Kettle & Fire, unless you opt-out of receiving those communications by following the unsubscribe instructions provided
2. Third Party Purchases. From time to time, certain of our Products may be
offered through a third-party channel (each, a "Third-Party Purchase"). Your use of or interaction with any third-party channel are solely between you and the third party. Kettle & Fire does not control or endorse, and makes no representations or warranties regarding any third-party channel. Third Party Channels may impose their own terms, policies or processes ("Third-Party Terms"), separate from these Terms, and you should
carefully review those Third-Party Terms. Your access to and use of such Third-Party
Channels and your acceptance of Third Party Terms is at your own risk.
3. Gift Cards. Kettle & Fire may offer gift cards from time to time. By purchasing or redeeming a Kettle & Fire gift card you agree to our Gift Card Terms and Conditions.
4. Payment and Billing Information.
4.1 By providing a credit card or other payment method that we accept, you
represent and warrant that you are authorized to use the designated payment method
and that you authorize us (or our third-party payment processor) to charge your
payment method for the total amount of your subscription or other purchase (including
any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems
before we proceed with your Order. If you want to change or update your payment
method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method
information or cancel your Product Subscription, you remain responsible for any uncollected amounts and, with respect to your Product Subscription, authorize us to continue billing the payment method, as it may be updated.
4.2 You acknowledge that the amount billed may vary due to promotional offers,
Products you select, changes you make to your Products Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party-payment
processor) to charge your payment method for the corresponding amount.
4.3 Notwithstanding anything provided above, for the purposes of this Section 5,any Third Party Purchase will be billed and charged in accordance with the applicable
Third Party Terms.
5. Pricing and Availability.
5.1 All prices on our Sites are shown in U.S. dollars and applicable taxes and
other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without
limitation, as based on geographic or other criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated
with our various subscription plans, we will provide advance notice of such changes in accordance with Section 1. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Sections 1 and 2,as applicable.
5.2 All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue
offering certain Products without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions
beyond our control, we may be required to make Products unavailable for periods of time. All Products are provided “AS IS” without any warranty.
6. Taxes. We will collect applicable sales, use and other tax (collectively, "Tax")on Products shipped to jurisdictions for which we determine we have a duty to collect Tax applicable to your purchase. If an item is subject to Tax, you agree that the amount of Tax shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in applicable Tax rates.
7. Shipping and Handling
7.1 You agree to pay any shipping and handling charges shown at the time you
make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges
applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from our Sites, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
7.2 All Products purchased from us are made pursuant to a shipment contract.
This means that when you purchase a Product that is fulfilled by one of our third party fulfillment partners title to and the risk of loss of such Product passes to you upon the fulfillment partner’s delivery of such Product to the third party courier, and when you purchase a Product that is fulfilled by us title to and the risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.
7.3 Notwithstanding anything provided above, for the purposes of this Section 4.7, shipping and handling for any Third Party Purchase will be made in accordance with and subject to the applicable Third Party Terms.
8.1 You are responsible for inspecting all Products for any damage or other issues
upon delivery. If you are not at home when your Product delivery arrives, the courier will generally leave the package for you at your door, unless other delivery instructions have been communicated to you. In certain areas, you may be able to provide
additional delivery instructions when setting up your Kettle & Fire account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver,
such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
8.2 Notwithstanding anything provided above, packaging of and delivery
instructions related to any Third Party Purchase may vary depending on the applicable
Third Party Channel; accordingly, for the purposes of this Section 4.8, any deliveries of Third Party Purchases may be subject to additional applicable Third Party Terms.
8.3 In the case of inclement weather or other events beyond our control that
interfere with our ability to deliver your Order, we will attempt to deliver your Order assoon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.
9. No Resale
You are not permitted to resell or otherwise use the Products for commercial
10. Returns, Replacements, Refunds, and Credits.
10.1 If you are dissatisfied with a Product ordered on our Sites for any reason,
please contact us at kettleandfire.com within thirty (3) days of the date you received the Product. Depending on the circumstances, we may, in our sole discretion, replace the Product(s) at our expense, provide you a full or partial refund of the purchase price for that Product(s), or provide you with Credits for that Product(s) that will automatically be applied to future deliveries under your Subscription or, as applicable. Notwithstanding
the foregoing, Credits for certain types of Purchases may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance. We may require the return or photographic documentation of any Product that you are dissatisfied with before we provide you a refund, replacement, or Credit.
10.2 In certain circumstances, such as if we want to thank you for your patience
with a delayed delivery or to address another customer service issue, we may provide you customer experience credits of promotional value that will be automatically applied to your next eligible Order under your Subscription, as applicable (“Credits”). Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property.
10.3 Credits only remain available if you maintain a valid Kettle & Fire account. That means that if you cancel your Kettle & Fire account, any outstanding Credits associated with your cancelled Kettle & Fire account will immediately expire. You may only redeem Credits after they are applied to your Kettle & Fire account. If for some reason you believe that there is a discrepancy regarding your Credit balance, please contact us at firstname.lastname@example.org All decisions regarding your Credit balance will be determined in our sole discretion and are final.
10.3 Notwithstanding anything provided above, for the purposes of this Section
10.4, returns of and refunds for any Third Party Purchases will be subject to the applicable Third Party Terms. If you are dissatisfied with any Third Party Purchases,
please contact the applicable Third Party Channel for their return and refund policies.
11. Miscellaneous. These Terms are the entire agreement between you and
Kettle & Fire. They supersede any and all prior or contemporaneous agreements
between you and Kettle & Fire relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any choice of law provisions. You agree that, with the
exception of injunctive relief sought by Kettle & Fire for any violation of Kettle & Fire proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent
arbitrator designated by the AAA. The location of arbitration shall be Austin, Texas,USA.