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TERMS OF SALE AND CONDITIONS OF USE
 

PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE.

Use of this Web site is conditioned on the acceptance, without modification, of all terms and conditions of this agreement. By using this Web site you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.

How long will it take for my order to arrive?
In most cases, your order will arrive to your home or business in approximately two weeks or less from the time the order is placed. Please note, however, that this is not guaranteed.

What are my shipping fees?
The cost of shipping depends on the product size, weight, shipping destination and other variables. We will quote you an exact shipping price by phone or by email.

Do you have a catalog that you can send to me?
Our web site is our full catalog. It contains all of the items that we sell. We do not have a traditional paper catalog available for distribution.

Can I place an order by US Mail?
We are happy to accept your order through the mail. We will need the following information:

Name
Address
City/State/Zip

Home Phone Number
Work Phone Number (optional)
Email Address

Quantity
Model #

Please attach your personal check, money order, or cashier's check and mail to the following address:

KitchenLav.com
2532 Ramona Street
East Meadow, NY 11554

Please make check payable to 'KitchenLav.com'
Any personal or non-guaranteed payment checks will be subject to a 14 day hold before any item can be shipped.

Do I need to add sales tax to my order?
Sales tax is only charged to items that are shipped to an address within the State of New York.

How do you warranty your products?
All of our items are new and guaranteed for the period stated by the product manufacturer (from the time the items are received) against defects in materials and workmanship.

What if my order arrives damaged?
It is the customers responsibility to inspect the merchandise immediately upon arrival.
In the event your package arrives damaged it is the responsibility of the customer to contact the carrier to inspect the package to assure refund and/or replacement. All packaging MUST be retained until the problem has been resolved. If an item in your order arrives damaged do not refuse delivery. Instead, inspect the contents of each package thoroughly and make note of the extent of the damage preferably with the delivery person there. Write a note on the delivery invoice for each item damaged. We must be notified by phone or email within 24 hours of delivery, otherwise your claim for damages will be denied. "INSPECT THE PRODUCT BEFORE YOU ACCEPT IT".

The customer will be responsible for "ALL DELIVERY COSTS", if delivery is refused for other than damaged reasons.

Can I pay by check or money order?

If you would like to pay by check or money order (post office, bank, 7-11 etc...) please follow the instructions for US mail orders.

Go to our web site and fill out the online order form but do not push the
submit button, instead print the form. If you can't print the form, just
copy the information onto a piece of paper. Send this with your payment to:

KitchenLav.com
2532 Ramona Street
East Meadow, NY 11554

Do I have to order online?
You may call our telephone number to place an order. The number is 516-869-4898 and we are here at the order desk from 9:00am to 6:00pm PST, 5 days a week.

Do you charge a restocking fee?
All items shipped to us for refund or exchange are subject to a 35%, restocking fee. Please note that the actual shipping charges are not refundable. It is the customers responsibility to pay for all shipping and handling charges to return the item or items back to the RGA (return goods authorization) form address. Refunds are not allowed for orders that are over 10 days old from delivery date.
 

Special Order Items: We will happily process your particular Special-Order brand or special order model item(s), but please keep in mind:

  • Special-Ordered products are NOT returnable for refund or exchange
  • You should be VERY sure of the product model and EXACT size and color
  • Special-Order items may have a higher price than the 'In-Stock' price listed on the website
  • All Special-Order items MUST be pre-paid
  • In most cases, after we place your Special-Order, you cannot cancel it


Can you send me a color sample?
Sorry, we don't have color samples to send out. Our color photos of the products we sell are true to color in that we don't alter a color or try to enhance it. However, the setting on your monitor may effect the appearance of the color. If you absolutely, positively must have an exact match, we recommend that you shop at your local retailer. While you probably won't get a great price, at least you will be able to match your colors exactly. But please keep us in mind later, when color matching is not an issue.

Do you ship overseas?
Depending on the product that you are interested in, some orders may be shipped to an address outside the US or Canada.

What type of payment methods do you offer?
We accept all credit cards. You may also pay by check, money order or cashiers check. Purchase orders are only accepted from government agencies and Fortune 500 companies for amounts over $1000.00

How do I know you received my online order?
You will receive confirmation from us by email as soon as your order is received. If you don't receive your confirmation you may inquire by email (address listed at the bottom of this page). We can also be reached at 516-869-4898 if you don't have an email address.

Can I cancel my order?
Please be sure that you are ordering what you want before you place an order. If you need ordering assistance, you may submit a quote request form or give us a call at  516-869-4898. We fill all orders as quickly as possible as our customers simply won't accept anything less from us and rightfully so. Cancellations, therefore, simply are not possible.

QUOTE REQUESTS
Rate quotes valid for 10 days from quote date and are subject to change, unless specified otherwise by KitchenLav.com.

MAKING A PURCHASE
KitchenLav.com accepts VISA, Mastercard, American Express and Discover cards either on-line or via the mail-in order form or by calling 516-869-4898. Please note: Credit card purchases will appear on your monthly billing statement as Kitchenlav.com.

RETURN POLICY
Merchandise that appears to be functioning incorrectly due to a defect, shipment damage, or missing parts, please call us at 516-869-4898, or e-mail us (address listed at the bottom of this page).

CREDIT CARD SECURITY
We employ secure SSL encoded online order form transaction technology. All of your account and order information, including your mailing address, e-mail address and phone numbers will be kept strictly confidential during and after order processing.

SHIPPING
We will ship to a physical address within the United States, no P.O. Box addresses will be accepted.

SHIPPING AND HANDLING CHARGES
Shipping and handling charges will be determined at point of sale or by simply clicking on the Free Quote request button.

If the customer refuses the item at the time of delivery, actual shipping charges will also apply for the delivery and return of the merchandise. There is a 35% restocking/cancellation/processing fee for orders that are refused at time of delivery by the customer.

DAMAGE
If an item is received damaged, do not refuse the item. Determine the extent of the damage and note this with the delivery person and on the delivery invoice, then call or e-mail sales within 24 hours of receipt of the item. We will file any damage claims necessary and get the necessary replacement parts sent out to you ASAP. You are responsible to save the damaged items either until someone comes to pickup or inspect the damage, at our discretion. If you refuse the item, you will be responsible for the return shipping and the shipping of any replacement items (this will be the actual shipping cost, not the shipping rate given at time of origin of the order) plus any cancellation fees as applicable under the section titled 'cancellations'.

SALES TAX
New York residents must add the applicable sales tax rate for their county to their orders. Tax is due on the total price of the order and shipping fee.

CREDIT CARD PROCESSING
All credit card payments are processed through our company, KitchenLav.Com, Inc. and will be displayed on your credit card statement as KitchenLav*516-869-4898. In the event a credit card does not process for any reason, we will, at our discretion, either void the order and notify the customer or process the order at a later date or process the payment in multiple smaller amounts until the item is paid in full. Items cannot be shipped until payment in full has been collected.

BILLING ERRORS AND OMISSIONS
Any errors or omissions will be corrected and either billed or refunded to the customer as necessary. If an order is incorrect, it is the responsibility of the customer to notify us within 24 hours of our sending the order confirmation email to the customer. If the customer does not notify us within that time, the customer will be responsible for the order. If the customer does not give his/her email address, the email address is incorrect or the customer does not receive the email for any reason, the customer waives his/her right to correct an invoice. KitchenLav.Com is not responsible for any typographical or erroneous errors.

CANCELLATIONS
If for any reason you have not received an item within 4 weeks, and if you desire to cancel the transaction, we will cheerfully refund 100% of your purchase price at your request, provided that the item is not currently in transit to or from our shipping facility, and if the item has a stated shipping time of more than 4 weeks, then the time frame necessary for a cancellation to be permitted shall be the longest shipping time stated plus 25%. For example, if the shipping time stated is 8 weeks, a cancellation will be permitted if more than 10 weeks have elapsed in accordance with the other conditions stated herewith. You must call or e-mail us to let us know that you would like to cancel your order. Orders may not be cancelled prior to receiving the items unless the terms above regarding the delivery timeframe have not been met. Refused, returned or cancelled shipments that are not and/or will not be accepted by the customer for any reason, including non payment, are subject to a 35% restocking fee plus the cost of the shipping and return shipping if applicable (this will be the actual shipping cost, not the shipping rate given at time of origin of the order).

DELIVERY METHOD
All Delivery will be made by a shipper chosen by KitchenLav.com or it's product supplier. If the customer specifies a delivery company, we will attempt to use that company. If for reasons of size, weight, timing, or any other reason determined by our shipping department, the package may and or will be shipped with a shipping company of the shipping departments' choosing. Delivery will be by the shippers normal delivery method. UPS for example will deliver to your door, if no one is home, and the shipper has a policy not to leave packages without a signature, you can reschedule but UPS and many other shippers will not set up an exact time to meet you at your door. Many oversize items (too large for UPS) will be sent via delivery truck that will only get the item to the 'sidewalk'. You will need to carry the item into your home. This is common in New York City and other areas with 'High Rise' buildings. The delivery companies will only give a time period which sometimes can be an entire day. You will have to make arrangements to receive the package or have someone at your home or business to receive the package. Please note that UPS and many other delivery companies charge a surcharge for Saturday deliveries and if you would like to arrange a Saturday delivery, please email for additional pricing. If a recipient is notified of a delivery date, and the recipient is not there to meet the shipper and accept the package, the recipient will be responsible for any and all 'redelivery' charges that may apply.

DELIVERY REQUIREMENTS
All shipments are tailgate delivery only (unless specified otherwise). Please arrange for the appropriate personnel or equipment to unload. Please note any damage or missing pieces before signing for the shipment.

OUTSIDE OF THE 48 CONTIGUOUS U.S.
Any items shipped out of the continental 48 United States will require the customer to pay for any and all shipping of any replacement or missing parts regardless of cause. If it is necessary for damaged parts to be returned, the shipping will be the responsibility of the customer.

SHIPPING RATES
The cost of shipping household goods is 15% -25% of the purchase price within the continental USA. There is a $50 minimum for any household goods order where the shipping is less than $10. Shipping fees for household goods to Canada are 35% (Any duties, taxes, customs charges or fees, levies of any kind, brokerage fees or any other fees or expenses due to be paid by the customer which are billed to the shipper will be invoiced and billed to the customer's credit card.) and Alaska/Hawaii/Puerto Rico/Virgin Islands are 50%. If the cost for shipping your order to Canada, Alaska, Hawaii, Puerto Rico or The Virgin Islands is higher than the amounts stated here, you will be notified for your approval before your order is processed.

ASSEMBLY MAY BE REQUIRED
Some house hold items require assembly. Assembly is usually very easy and requires normal tools such as screwdrivers, wrenches and other tools typically found around the house.

WEB SITE CATALOG REFERENCES
All references to size, weight, construction and color are approximate. We are not responsible for typographical errors. Descriptions may refer to finish and/or actual construction materials. We reserve the right to substitute identical items from alternate vendors for any out of stock items. Contact us for more detailed information (e-mail address is listed at the bottom of this page).

RETURNED CHECKS
Any returned checks will be subject to a $39.00 Returned Payment Fee.

PRICING AND AVAILABILITY
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. After we have received your order, we will also inform you if any items in your order prove to be unavailable.

EXPEDITED DELIVERY
Any time specified shipping methods (example: overnight service) are only guaranteed to ship by the day agreed. We have no control and therefore make no promises or guarantees as to the delivery company performing as it promises.

ACCEPTABLE METHODS OF RETURN
Due to the fact that our office/shipping facility is located in a building that is not zoned for shopping or general public traffic, customers may not visit us in person. Always contact our customer service department for shipping instructions. Merchandise must be returned to via a licensed, bonded and insured delivery carrier (UPS, FedEx, Roadway, etc. . .) Merchandise may not be returned in person to our shipping facility by the customer/recipient. MERCHANDISE MAY NOT BE RETURNED TO US BY U.S. MAIL. IT WILL NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES.

WARRANTY PROVISIONS
The purchaser's sole and exclusive warranty is that provided by the manufacturer, if any. Seller makes no express or implied warranties. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLER BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT. SELLER'S LIABILITY, IF ANY, SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER. Complete Terms and Conditions are found on this page.

COMMERCIAL USE
Any item purchased for commercial use will not be warranted for damage resulting from commercial use.

KITCHENLAV.COM, Inc. ( KITCHENLAV.COM ) reserves the right at its discretion to modify the terms and conditions under which this Web site is offered. Use of this Web site after the posting of any such modification constitutes your agreement to be bound by the terms and conditions as modified.

If you do not agree with the terms and conditions of this Web site and do not wish to be bound by them, please do not use this Web site or download any materials from this Web site.

All material ("Materials") displayed or transmitted on this site, including but not limited to text, photographs, images, illustrations and graphics are owned by KITCHENLAV.COM or obtained by permission, and are protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

Except as provided in this agreement, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on this site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.

You may make a copy of any of the Materials on this Web site for personal, non-commercial use only, provide that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web site without the express written permission of KITCHENLAV.COM.

KITCHENLAV.COM reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to this Web site or any portion of this Web site, at any time and without notice or liability.

ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE IS BELIEVED TO BE RELIABLE,
KITCHENLAV.COM MAKES NO REPRESENTATION, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE. BY USING THIS WEB SITE OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE. KITCHENLAV.COM EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. KITCHENLAV.COM SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIALS CARRIED ON THIS WEB SITE.

KitchenLav.com will not be responsible for any consequential or incidental damage resulting from the sale or use of any merchandise bought from us. Our sole responsibility will only be the monetary value of the merchandise.

All e-mail sent to the e-mail addresses of
KITCHENLAV.COM becomes the property of KITCHENLAV.COM. KITCHENLAV.COM reserves the right, but shall not be obligated to, publish any email message received, in whole or in part, or make such other use as KITCHENLAV.COM in its sole discretion sees fit.

This Web site may from time to time contain links or pointers to Internet sites maintained by third parties.
KITCHENLAV.COM does not operate or control in any way any information, products or services on these third-party sites and KITCHENLAV.COM expressly disclaims any responsibility for such third-party sites, which are provided for your convenience on an "as is" basis without warranties of any kind, express or implied.

This agreement will be governed and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York, and any cause of action which arise from use of this Web site or from interpretation of these terms and conditions must be filed in the state and federal courts located in New York County, State of New York. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.

This constitutes the entire agreement between the parties concerning the terms and conditions of use of this Web site.

 

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Terms & Conditions.
Last modification: July 21, 2008.
 
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