COOKPERFECT SHOP TERMS AND CONDITIONS OF SALE

Please read these terms and conditions carefully before purchasing product

https://shop.cookperfect.com shop is a website owned by CookPerfect ApS , Østre Alle 6, 9530 Støvring, Denmark and operated by CookPerfect USA LLC. A company incorporated under the laws of the state of Vermont whose principal place of business is at P.O.Box 1044, 800 State Route 11, Champlain NY 12919, USA. CookPerfect USA LLC is the distributor of CookPerfect in USA. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the CookPerfect Products listed on our website https://shop.cookperfect.com to you. Please read these terms of sale carefully before ordering any Products from the CookPerfect Shop. You should understand that by ordering any of our Products, you agree to be bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from the CookPerfect Shop.
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the CookPerfect Shop.
If you have any questions regarding these terms of sale (including any technical questions) please contact us here: info@cookperfect.com.

1. Terms used in this agreement

In this agreement the following terms shall mean:

• “CookPerfect”, “we” or “us” means CookPerfect ApS, CookPerfect USA LLC, its employees, subcontractors and/or other companies which are appointed by CookPerfect to provide services in relation to the CookPerfect Shop owned by CookPerfect ApS and operated by CookPerfect USA LLC;

• “Goods” means physical products such as (but not limited to), CookPerfect meat thermometers, Sensors for CookPerfect meat thermometers and Accessories sold in the CookPerfect Shop;

• “Product” is any CookPerfect product which may be purchased from the CookPerfect Shop owned by CookPerfect ApS and operated by CookPerfect USA LLC.

2. Availability

2.1. The CookPerfect Shop is only intended for use by customers resident in USA. By ordering Products from the CookPerfect Shop, you warrant that:

2.1.1. You are legally capable of entering into binding contracts;

2.1.2. You are at least 18 years old; and

2.1.3. You are resident in USA and you are ordering the Products from this country.

3. Using the CookPerfect Shop

3.1. Please go to https://shop.cookperfect.com and browse the shop. To order any item simply click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top right-hand corner of the screen. Please click on the button marked “Checkout” and follow the instructions on screen to complete your order.

4. How the contract is formed between You and us

4.1. The contract between us (the “Contract”) will be concluded with CookPerfect ApS (Østre Alle 6, 9530 Støvring, Denmark) and distributed by CookPerfect USA LLC (P.O.Box 1044, 800 State Route 11, Champlain NY 12919, USA), The distribution company in USA of CookPerfect products.

4.2. After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us and placing an order carries with it the obligation to make payment. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) a confirmation that the goods have been dispatched (Order Confirmation), or (b) the physical product to you. Only when the confirmation is sent by us, is the sale concluded.

4.3. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

5. Availability and product delivery

5.1. Although we endeavor to ensure the availability of the Products shown in the CookPerfect Shop, we cannot guarantee that the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you to notify you that we are unable to fulfil the order. If we are unable to fulfil the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).

5.2. Your order will be fulfilled without undue delay and by the delivery date set out in the Order Confirmation or, if no delivery date is specified, within 30 days of the date of the Order Confirmation. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.

5.3. Products sold in the CookPerfect shop are delivered to you by a designated courier chosen by CookPerfect.

6. Consumer rights

6.1. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) give you the right to cancel your Contract with us within a cancellation period without giving any reason.
The cancellation period will expire as follows:

6.1.1. For Products, the period will expire after 30 days from the day you (or anyone nominated by you) receive(s) the Products;

6.2. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by filling in the return form or a clear statement by e-mail sent to support@cookperfect.com. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.3. If you exercise your above rights of cancellation but have received Products in connection with the Contract, you shall send back the Products or hand them over to us, without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you send back the Products before the period of 30 days has expired.

6.4. You should take reasonable care of the Products whilst they are in your possession. Returned Products must be new, unused, and contain all original packaging and accessories (including all product manuals/instructions). Any product that has been misused or that shows any signs of extensive use will not be returned or exchanged.

7. Risk and Title

The Goods will be at your risk from the day you (or anyone nominated by you) receive(s) the Goods.

8. Price and Payment

8.1. The price of any Products will be as quoted in the CookPerfect Shop from time to time, except in cases of obvious error.

8.2. These prices exclude any Tax and delivery costs, which will be added to the total amount.

8.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

8.4. The CookPerfect Shop contains a various Products and it is always possible that, despite our best efforts, that a Product listed in the CookPerfect Shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the CookPerfect Shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

8.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.

8.6. Payment for all Products must be made prior to order processing. We are under no obligation to deliver the Products until we have received payment from you.

8A. Shipment policy

8A.1 Orders placed on a business day (Monday-Friday) will be shipped within 1-2 business days. Orders received during the weekend (Saturday-Sunday) will be shipped within the next 1-2 business days (Monday-Tuesday)

8A.2 Once you have placed your order on https://shop.cookperfect.com we will send you a series of 3 e-mails, provided you submitted an accurate e-mal address when placing the order.

8A.2.1 Order Received E-mail: sent immediately upon order

8A.2.2 Payment Confirmation E-mail: sent when your card is charged (usually within a few hours)

8A.2.3 Shipment Confirmation E-mail: Includes track and trace, and sent when your order has been shipped

8A.3 CookPerfect has the risk and liability for damage to the goods during transport when delivering until you or someone appointed by you have taken physical possession of the goods.

8A.4 If you choose to return the goods regardless of the situation you will have the risk and liability for damage to the goods during transport when returning until CookPerfect has taken physical possession of the goods.

8A.5 CookPerfect is not responsible for any VAT, Customs Fee or International Taxes incurred after the purchase on https://shop.cookperfect.com.

8A.6 CookPerfect has the right to reject an order requested to be shipped outside the area of availability described in section 2.

8A.7 Free Shipping Policy. CookPerfect may offer free shipping on your order. CookPerfect reserves the right to change or discontinue our Free Shipping Policy at any time.

9. Our refunds policy

9.1. If you cancel the Contract in accordance with the cancellation rights set out in section 6 above, we will reimburse to you the cost of the product excluding the costs of delivery. We will make the reimbursement without undue delay, and not later than (a) 30 days after the day we receive back from you the Goods supplied, or (b) (if earlier) 30 days after the day you provide evidence that you have returned the Goods, 30 days after the day on which we are informed about your decision to cancel the Contract. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

9.2. If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 21 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice to support@cookperfect.com You are required to return any Products to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product or investigate your complaint and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

9.3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

9.4. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.

9.5. Unauthorized returns or returning a product to us that is not in resalable condition risks forfeiture of product. We are not responsible for return shipment lost in transit. We are unable to issue refunds or accept returns for products purchased from a retail store.

10. Personal data

Personal details provided to CookPerfect through this website will only be used in accordance with our Privacy Policy. By using the CookPerfect Shop and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our policy carefully.

11. Our liability

11.1. We are under a legal duty to provide Products which comply with the terms of the Contract. In accordance with your statutory rights we warrant to you that any product purchased from the CookPerfect Shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

11.1.1 Limited warranty: we warrant to you that any product purchased from the CookPerfect is free from defect in parts, materials and workmanship for a period of 1 year from the date of purchase. Should any repairs or servicing under this warranty be required by you during the limited warranty term, please contact Customer Support by e-mail on support@cookperfect.com for instructions on how to ship your Product back to CookPerfect. This warranty is VOID if: a) the product safety instructions for proper usage are not followed; b) accidental damage occurred; or c) if the Product has been tampered with.

11.2. The product specifications and system requirements required to operate products are described in more detail in the product specs which can be found either at the CookPerfect Shop or directly at the CookPerfect websites. We cannot ascertain whether your mobile or tablet fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your operating system after a Product has been installed.

11.3. We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the CookPerfect  shop.

11.4. This does not include or limit in any way our liability:

11.4.1. for death or personal injury caused by our negligence;

11.4.2. under Section 2(3) of the Consumer Protection Act 1987;

11.4.3. for fraud or fraudulent misrepresentation; or

11.4.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.5. Nothing in these terms of sale shall affect your statutory rights. If you have any doubts as to your statutory rights, then you should contact your local citizens advice bureau.

12. Intellectual Property

Products offered in the CookPerfect Shop are the intellectual property of CookPerfect

13. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the CookPerfect Shop, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the CookPerfect Shop or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. Notices & contact information

All notices given by you to us must be given to CookPerfect USA LLC at P.O.Box 1044, 800 State Route 11, Champlain NY 12919, USA or by email to support@cookperfect.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in the CookPerfect Shop, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and (in the case of an e-mail) that such e-mail was sent to the specified e-mail address of the addressee.
We ask that you contact us by email: support@cookperfect.com.

15. Transfer of rights and obligations

15.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. Events outside our control

16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).

16.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

16.2.1. strikes, lock-outs or other industrial action.

16.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

16.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.2.5. impossibility of the use of public or private telecommunications networks.

16.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

16.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. Waiver

17.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3. No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.

18. Severability

If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. Entire agreement

19.1. These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.

19.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.

20. Our right to vary these terms of sale

0.1. We have the right to revise and amend these terms of sale from time to time.

20.2. Any Contract will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).

21. Law and jurisdiction

Contracts for the purchase of Products placed through the CookPerfect shop https://shop.cookperfect.com (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to those Contracts or their formation) will be governed by and construed in accordance with Danish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Denmark.

22. Language

The language of the Contract shall be English.

Last updated June 2019

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