Kitchenery Reservation and Preorder Agreement
LAST UPDATE: JUNE 13, 2023
This Preorder Agreement (the “Agreement”) between you and Kitchenery Inc. (“Kitchenery”) is for your preorder for the Kitchenery appliance or appliances you have selected on the Kitchenery preorder portal (each an “Appliance”, and collectively, the “Appliances”). As the Appliances enter production, Kitchenery will contact you to place your order formally.
- By entering into this Agreement, you are making a preorder with Kitchenery. This Agreement does not constitute an offer to sell, an agreement to sell, or the sale of any Appliances.
- The preorder payment (the “Preorder Payment”) is fully refundable at any time (including, but not limited to, your choice to withdraw your preorder or if Kitchenery cancels your preorder). You may cancel your preorder by providing written notice in accordance with Section 5 below. This Agreement is not an agreement for the sale of an Appliance. It does not establish an estimated delivery date for the Appliance(s), a delivery location, pricing, or production timing. Kitchenery hereby disclaims all representations, guarantees, or warranties regarding Appliance availability, options or other Appliance features, delivery date, delivery location, pricing, or production timing, to the fullest extent permitted by law. You are under no obligation to purchase an Appliance from Kitchenery, and Kitchenery is under no obligation to sell you an Appliance.
- This Agreement is not effective unless and until Kitchenery receives both: (a) a validly executed copy of this Agreement; and (b) your Preorder Payment in the amount and form stated in the payment instructions displayed in the Kitchenery payment portal or provided to you during the preorder process. You are solely responsible for any and all exchange fees, taxes, duties, or import/export fees related to or arising from any preorder placed under this Agreement, and you agree to defend, indemnify and hold harmless Kitchenery from any and all claims, suits, demands, costs or fees (including reasonable attorney fees), related to or arising out of your execution of this Agreement. You shall execute this Agreement by acknowledging and accepting this Agreement online via the Kitchenery portal. Once this Agreement becomes effective, you will be placed on the preorder list and will receive communications about the Kitchenery Appliance program. Kitchenery’s acceptance of this Agreement, any associated payment, or you are being placed on the preorder list does not guarantee you a production date, any priority in the production list, or that an Appliance will ultimately be made available for you to purchase.
- This Agreement is not for the sale of an Appliance. If and when Kitchenery notifies you that it is time to place your order for an Appliance and you wish to proceed with the purchase of an Appliance, such sale and purchase will be governed by a separate and legally binding purchase agreement (the “Purchase Agreement”) between you and Kitchenery. Production and sales dates may vary by region and will be determined by Kitchenery at its sole discretion. Kitchenery will create an order for your Appliance containing the information provided by you, and a Purchase Agreement indicating the estimated purchase price of your Appliance, taking into account the base price of the Appliance and any options included or that you select, plus estimates of any applicable taxes, exchange fees, import/export fees, duties, transport and delivery charges, and any other applicable fees (“Order Payment”) Kitchenery will then submit to you the order and the Purchase Agreement for your review.
If you elect not to enter into a Purchase Agreement, Kitchenery will fully refund your Preorder Payment. If you wish to proceed and purchase the Appliance, you must sign and return the Purchase Agreement together with any required Order Payment. Production of your Appliance will then commence, and your Order Payment under the Purchase Agreement will become non-refundable (to the extent permitted by applicable law). If you enter into the Purchase Agreement, you may, at your sole option, notify Kitchenery of your election to apply your Preorder Payment to your Order Payment. Should you elect not to apply your Preorder Payment to the Order Payment, Kitchenery will fully refund your Preorder Payment. These procedures are subject to change at Kitchenery’s sole discretion without notice to you.
- Kitchenery will establish your order sequence position at its sole discretion. Order sequence may vary by region. Kitchenery may decline preorders as it deems appropriate in Kitchenery’s sole discretion. If your preorder is declined or canceled, you will be notified, and your Preorder Payment will be refunded. All notices provided by you under this Agreement must be in writing and sent to (a) power@kitchenery.us.
- This Agreement is not transferable or assignable to another party without the prior written approval of Kitchenery.
- Kitchenery may, from time to time, ask you to provide certain personal information so that Kitchenery can perform its obligations under this Agreement. Kitchenery represents and agrees that it will maintain your personal information in accordance with its Privacy Policy, which is available at https://kitchenery.us/legal/privacy-policy/ .
- To the maximum extent permitted by applicable law, Kitchenery makes no warranty of any kind in connection with this Agreement or its subject matter. Under no circumstances will Kitchenery be held liable for any direct, indirect, or consequential loss or damage, including any and all: (a) loss of opportunity (including loss of contract or right to offer or tender); (b) lost opportunity cost; (c) loss of business; (d) reduction or damage to goodwill; (e) damage to name or reputation; (f) loss or corruption of data, and regardless of whether any or all of these circumstances are considered to be indirect or consequential losses or damage, in contract, tort (including negligence), under any statute or law or otherwise arising out of our breach of this Agreement, even if Kitchenery has been advised of the possibility of occurrences which would or might lead to such loss or damages. Under no circumstances will Kitchenery be held liable for any incidental, special, or consequential damages arising out or related to
this Agreement. If Kitchenery is held liable for any damages related to your preorder or this Agreement, your sole and exclusive remedy will be limited to reimbursement of the Preorder Payment paid to Kitchenery without interest.
- This Agreement is governed by the laws of the State of Florida, U.S.A., without regard to its conflict of laws provisions. The English version of this Agreement shall govern to the extent not prohibited by law in your jurisdiction. The state courts of Florida and federal courts sitting in the Middle District of Florida have exclusive jurisdiction to determine any dispute arising under or relating to this Agreement.
- You understand that Kitchenery may not have completed the development of the Appliance or begun manufacturing the Appliance at the time of your preorder. Further, you acknowledge that the Appliance ultimately developed and manufactured by Kitchenery (if any) may materially differ from the Appliances you have selected on the Kitchenery preorder portal. You also acknowledge that, if you elect to purchase an Appliance from Kitchenery as provided in Section 4 above, the Appliance will not be delivered until a future date, if at all. You also agree and understand that Kitchenery is not obligated to hold your Preorder Payment separately or in an escrow or trust fund or pay any interest on your Preorder Payment. Kitchenery makes no representation, warranties, or guarantees regarding how or whether your Preorder Payment will be held. You also agree that any representation made by a Kitchenery representative, Kitchenery partner, third party, or agent regarding an appliance’s production date, delivery date, delivery location, price, options, or similar detail is nonbinding on Kitchenery unless done as part of a separate Purchase Agreement as provided in Section 4 above.
- Kitchenery reserves the right to change any clause of this Agreement for any or no reason in its sole discretion. We will provide notice of any material changes and, your sole and exclusive remedy to such change will be to cancel your preorder as described in Section 5 above.
- Delivery & Cancellation: Although Kitchenery is making all efforts to deliver the Appliance as soon as reasonably possible, you understand and agree that placing this Preorder does not guarantee receipt of any Appliance or a specific delivery date. You are free to cancel this preorder at any time prior to notice from Kitchenery that your Appliance is ready for delivery. If you do so prior to Kitchenery’s notice of delivery, you will obtain a full refund of any deposit.
Excludes tax and destination fees. Pricing is not currently available. Early reservations may include special promotional pricing. Early Bird promotional discount of 50% is only valid until 04/30/2023.
Kitchenery Cordless Appliances are in pre-production. Final specifications are not currently available and are subject to change.