Legal Terms & Conditions
- TERMS OF SALE
- UNSOLICITED IDEAS POLICY
Last Updated: May 2018
TERMS OF SALE
Returns. If you wish to return an item, please see our Return Policy.
Pricing. We work hard to ensure the accuracy of pricing on this Website, but despite our best efforts, pricing errors occur. If the price you are charged for any item is higher than the price posted or advertised, we will promptly refund the difference. If an item’s correct price is higher than our stated price, we will, at our discretion, contact you for instructions before shipping or, cancel your order and notify you of such cancellation. Prices may vary in Alaska and Puerto Rico.
Product Descriptions. 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.
Colors. We strive to display the colors of the products shown on this Website accurately; however, because a monitor’s display may vary from the colors shown, we cannot and do not guarantee that your monitor’s display of any color will be the actual color of the products.
Cancel an Order. If you want to cancel an order, please see Cancel an Order.
Store Pickup. Some products offered on this Website are available for same day pickup in Kitchen Dog stores. Not all items are available for this service nor is the service available in all Kitchen Dog stores. For same day pickup, your order must be submitted by 3 p.m. local time (1 p.m. local time Sunday) and the item must be available at the Kitchen Dog store you selected. Your card will be charged at the time your order is processed. If someone else will be picking up your order you must designate him/her as an alternative pickup person when ordering. You will be notified by email when your order is ready for pickup or if an item is unavailable at that store. If an item is unavailable, that item will be canceled from your order. The ready pickup email will include instructions for picking up your item(s). Your order will be available for pickup only during normal store operating hours and only for orders confirmed via email. Most items will be ready for pickup within 4 business hours of the time the order is placed. When picking up your order, you must bring your order number, the card used to make the purchase and a valid driver’s license or ID. A designated alternate pickup person will need to bring the order number and a valid driver’s license or ID. Kitchen Dog will hold your items for ten (10) days starting the day your order was processed by Kitchen Dog. If your order is not picked up within ten (10) days, we will cancel the order and credit the transaction amount to your original method of payment. Kitchen Dog reserves the right to limit the quantity of items ordered for same day pickup as well as the days of the year that the service is offered.
Quantity Limits. We offer products and services to consumers. We are a retailer, not a wholesaler, and do not sell to individuals or dealers for the purpose of resale to others. We reserve the right, in our sole discretion, to reject an order or otherwise limit the quantity of items purchased per person, per household, per account, per credit card, per shipping/billing address, or per order in our stores and KitchenDog.com.
Sales Tax. Because we do business in all 50 states, we are required by law to collect all state and local sales taxes based on the destination of the order, whether the sale was made in a retail store, by phone, or via this Website. The Internet Tax Moratorium only provides that no new taxes can be applied to the internet itself and charges for Internet services, such as access charges. However, the Internet Tax Moratorium does not affect sellers who use the Internet as a medium to market their products. These sellers are subject to the same rules that have always applied, which means that sellers with a presence in a state must collect the state sales tax. Where applicable, sales tax is charged on shipping and handling for all orders. Tax rates are determined based on the delivery address of the order. Orders mailed to APO/FPO/DPO addresses are not subject to sales and use taxes. For information on taxes for international orders, please see Billing and Payments. TAX RATES ARE SUBJECT TO CHANGE AT ANYTIME.
Additional Customer Information. For warranties, rebates, product recalls, and other customer information, please refer to Customer Service.
Accessing this Website
Intellectual Property Rights
All content included on this site or made available through any of our services such as features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Kitchen Dog, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We have adopted the following policy toward copyright infringement with respect to this Website in accordance with the Digital Millennium Copyright Act. If you believe in good faith that any content residing or accessible on this Website infringes a copyright, you may request removal of those materials (or access thereto) from this Website by sending a notice of copyright infringement containing the following information:
- Identification of the copyrighted work or material that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the content on the Website that you believe to be infringing and its location. Please describe the content, and provide us with its URL or any other pertinent information that will allow us to locate the content;
- Contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address;
- A statement that the Notifying Party has a good faith belief that the complained use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is the copyright owner or is authorized to make the complaint on behalf of the copyright owner; and
- The Notifying Party's physical or electronic signature.
Our address for copyright issues relating to this website is as follows:
Kitchen Dog, Inc.
12347 Stark Rd.
Livonia, MI 48150
In an effort to protect the rights of copyright owners, Kitchen Dog, Inc. maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers, and permits a user who believes they are the wrongful subject of a copyright takedown notice to file a counter notification in accordance with our policy.
Our company name and product names, and all related names, logos, product and service names, designs and slogans are trademarks or trade dress of Kitchen Dog, our affiliates or licensors. All other product names contained in this website may be trademarks or registered trademarks of their respective owners. Images of people or places in this Website are either the property of or used with permission by Kitchen Dog, Inc. The use or misuse of those images except as expressly authorized is prohibited.
Designated Agent for Copyright and Trademark Notices
We, and our affiliates, enforce our intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact our Designated Agent:
Kitchen Dog, Inc.
12347 Stark Rd.
Livonia, MI 48150
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To engage in any fraudulent activity, whether related to the purchase of a product, service or in connection with any promotional offer, including coupons, rebates or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Kitchen Dog, a company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by us, may harm Kitchen Dog or users of this Website or expose them to liability.
Additionally, you agree not to:
- Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of this Website, including their ability to engage in real time activities through this Website.
- Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.
- Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of this Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website.
- Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of this Website.
By submitting your email address in connection with your rating and review, you agree that Kitchen Dog and its third party service providers may use your email address to contact you about the status of your User Contribution and for other administrative purposes. For some User Contributions, Kitchen Dog or a brand may respond to a review or comment. If you have a concern with our response or a brand's response, contact us directly at 833-593-4743.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, YOU WAIVE AND HOLD HARMLESS KITCHEN DOG AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We are not obliged to review material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, libelous, racially or religiously biased or offensive, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other party.
- Be false, inaccurate, misleading or likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Provide information that references other websites, addresses, email addresses, phone numbers or other contact information.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Contain any computer viruses, worms or other potentially damaging computer programs or files.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Kitchen Dog to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its contents. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
This Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kitchen Dog, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Kitchen Dog. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Third Party Links
The Website may contain links and interactive functionality interacting with the websites of third parties, including social sites, product manufacturers’ sites, advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Before enabling any sharing functions of this Website to communicate with any such website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on this Website do not constitute an endorsement by us of such third-party sites. Other sites may link to this Website with or without our authorization, and we may block any links to or from this Website. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Information About You and Your Visits to this Website
Online Purchases and Other Terms and Conditions
The owner of this Website is based in the state of Michigan in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Liability Waivers and Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KITCHEN DOG NOR ANY PERSON ASSOCIATED WITH KITCHEN DOG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KITCHEN DOG NOR ANYONE ASSOCIATED WITH KITCHEN DOG REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
KITCHEN DOG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, KITCHEN DOG, ITS AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, EVEN IF SUCH DAMAGES WERE FORESEEABLE.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU.
Any dispute or claim arising out of or relating in any way to your use of this Website, to any purchases made through this Website, or to the sale of any products or services sold or distributed by Kitchen Dog on this Website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Kitchen Dog’s Registered Agent/ United States Corporation Agents, Inc., located at 336 W First St., Flint, MI 48502. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Kitchen Dog will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each hereby waive our right to participate in any class action, whether in court or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Waiver and Severability
Your Comments and Concerns
This Website is operated by Kitchen Dog, Inc., 12347 Stark Rd., Livonia, MI 48150. All notices of copyright infringement claims should be sent to the Designated Agent as set forth in our Copyright Policy and to begin an arbitration proceeding, you must send a letter as set forth in Arbitration in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to: Inquiries.
Notice For California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding this Website, please contact us at Kitchen Dog Legal Department at 12347 Stark Rd., Livonia, MI 48150, or call 833-593-4743. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
UNSOLICITED IDEAS SUBMISSION POLICY
Kitchen Dog and its employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials including but not limited to new or improved products, services or technologies, product or service enhancements, processes, artwork, advertising campaigns, promotions, marketing plans or new product or service names. This policy is an effort to avoid any misunderstandings or disputes concerning products, services, processes, advertising campaigns, promotions, marketing plans, new products, or service names Kitchen Dog may internally develop or already has developed which might appear similar or identical to ideas submitted to Kitchen Dog. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
Terms Governing Submissions
You agree that: (1) your submissions and their contents will automatically become the property of Kitchen Dog, without any compensation to you; (2) Kitchen Dog may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Kitchen Dog to review the submission; and (4) there is no obligation to keep any submissions confidential. If you do not agree to these terms, please do not submit an unsolicited idea to Kitchen Dog.
Kitchen Dog welcomes comments, questions and feedback regarding our existing products and services. Please, only provide feedback on our existing products or services and do not include ideas that our policy prohibits. If you are interested in providing feedback, visit Inquiries. Any information provided at this Website is deemed non-confidential, and upon submission becomes the sole and exclusive property of Kitchen Dog. Kitchen Dog is free to use the information without restriction and without any compensation to you or any other person or party.