An order is not binding upon Telekitchen.net until it is accepted; Telekitchen.net must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, paypal or some other method prearranged with Telekitchen.net. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any product will include the shipping and handling charges shown on your Telekitchen invoice. However, your original shipping fees are non-refundable in the case of a returned product. Those fees are paid for the services provided by and to the original carrier, and will not be refunded to you if your item is returned for a refund to Telekitchen.
Risk of Loss
Telekitchen.net will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. Telekitchen.net reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Telekitchen.net to sign appropriate documents on Customer’s behalf to permit Telekitchen.net to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Telekitchen.net will advise Customer of estimated shipping dates, but Telekitchen.net will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transactions between Telekitchen.net and Customer shall be governed by the laws of the State of California, without regard to its conflict of laws rules. Specifically, the validity, interpretation and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, Customer and Telekitchen agree that any dispute or controversy arising out of, in relation to, or in connection with this agreement or Customer’s use of the Telekitchen Website shall be finally settled by binding arbitration in Los Angeles, California under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SALES TRANSACTIONS BETWEEN Telekitchen.net AND CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND Telekitchen.net AND CUSTOMER EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS.
Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Telekitchen.net that is more than one year after the date of the applicable invoice.