COMMON COOKERY™ TERMS OF SERVICE
Updated and Effective: December 01, 2020
The commoncookery.com website (the “Website”) provides information about our products and services. This website is operated by Common Cookery Ltd Co (COMMON COOKERY™). Throughout the site, the terms “we”, “us” and “our” refer to Common Cookery Ltd Co. and own-brands. COMMON COOKERY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – MESSAGING TERMS
- When you opt-in to the service (i.e. to receive the menu), we will send you an SMS message and or email to confirm your signup.
- You can cancel and restart the SMS service at any time. Just follow the STOP and RESTART instructions provided during sign-up or cancellation.
- You can unsubscribe from the Email service at any time. Just follow the STOP and RESTART instructions provided during sign-up or cancellation.
- SMS and Email Service Providers are not liable for delayed or undelivered messages
- As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE PRODUCT, SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Product or Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.
SECTION 6 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You are responsible for inspecting all Products you receive from us or affiliated third-parties for any damage or other issues upon receipt. We will provide recommended refrigeration, freezing or consumption instructions with our food orders. You are responsible for deciding whether or not it is appropriate to refrigerate, freeze or immediately consume the food upon receipt.
SECTION 7 – RETURN POLICY
All items are final sale. We do not issue refunds, including for orders that are not accepted in person, orders made directly to affiliated third-party vendors or any other reason. We are unable accept returned food items, because food is perishable. If an item arrives damaged or spoiled, our Customer Support team will work with you to determine an appropriate solution. Any returns, credits and cancellations will be solely at our discretion.
SECTION 8 – PICKUP AND DELIVERY
All orders must be placed at least 72 hours before the scheduled pickup or delivery date and time for timely preparation and fulfillment. We only provide scheduled pickup and delivery fulfillment. We do not offer on-demand pickup and delivery fulfillment.
Third-party food vendors may have ordering, pickup and delivery fulfillment schedule that is different from COMMON COOKERY. We are not responsible and liable for the accuracy of a third-party food vendor fulfillment process. We do not warrant and will not have any liability or responsibility for any third-party food vendor ordering, pickup or delivery schedule. Please review carefully the third-party food vendor’s policies and practices and make sure you understand them before you engage in any ordering, pickup or delivery transaction. Complaints, claims, concerns, or questions regarding third-party products, ordering, pickup or delivering should be directed to the third-party food vendor.
You are responsible for picking up at the scheduled date, time and location. We will endeavor to hold your food items in the right temperature and storage conditions for up to 2 hours after the scheduled pickup time. If you are unable to pickup at the schedule time and location, you are required to notify us at least 24 hours before the scheduled date and time to make alternate arrangements. We are not liable for food items that are not picked up as scheduled.
All our deliveries are made by third-party couriers. We are not responsible for the third-party couriers who deliver our products. We are not responsible for delivery delays caused by our third-party couriers. You are responsible for inspecting all products for damage or other issues upon delivery.
You are responsible for providing us an accurate address at the time you place your order. We attempt deliveries only to the addresses we are provided. We are not liable for incorrect delivery address information.
We endeavor to deliver all chef prepared and packaged food items within 72 hours from the order date to ensure arrival in the right condition. We are unable to guarantee exact delivery dates and times because all our food items are prepared by third party individual chefs and food producers. We are unable to guarantee exact delivery dates and times because delays can occur for reasons that include weather, work stoppages, employee errors, peak orders volume, holiday orders volume, and other unforeseen reasons. We are not liable for these unforeseen circumstances. We pack all deliveries with insulation and ice packs to ensure the cold integrity of our shipments for more than 24 hours from the scheduled delivery date and time. If you are unable to receive the delivery order at the scheduled date and time, you are responsible for notifying us at least 24 hours before the delivery date and time to make alternate arrangements. If you do not notify us of your inability to receive the delivery order at the scheduled date and time, the courier will leave the package at your door.
Our couriers will ring your doorbell only once at the time of delivery. If you do not answer or are not home when your food items arrive, the courier will leave the package at your door unless otherwise noted. We do not require delivery acceptance signatures for deliveries. We currently do not deliver outside of HOUSTON, TX, USA.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 – ACCESSIBILITY
COMMON COOKERY is committed to providing a website that is accessible to the widest possible audience. We aim to promote accessibility and inclusion for all customers. Our goal is to enable all of our customers to successfully transact business through our website and access all of our digital offerings. Whether you are using assistive technologies like a screen reader, a magnifier, voice recognition software, or captions for videos, our goal is to make your experience of our website as successful and enjoyable as possible.
We are actively working to increase accessibility and usability of our website to everyone. This work is ongoing and as we continue to strive toward our goal of promoting accessibility, we welcome your feedback on how we might improve. If, at any time, you have specific questions or concerns about the accessibility of any particular web page on commoncookery.com, please contact us at firstname.lastname@example.org.
SECTION 11 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 – AFFILIATED THIRD-PARTY VENDORS AND UNAFFILIATED THIRD-PARTY LINKS
Certain content, food items, products and services available via our Service may include materials from affiliated and unaffiliated third-parties.
Affiliated third-party vendors may have an online store with products listed for sale on our website. Affiliated third-party vendor store products may be sold and fulfilled by COMMON COOKERY. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any affiliated third-party products or service sold and fulfilled by COMMON COOKERY.
Affiliated third-party vendors store products may be sold and fulfilled by the affiliated third-party vendor on our website. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any affiliated third-party products or services sold and fulfilled by affiliated third-parties on our website.
Unaffiliated third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any unaffiliated third-party materials or websites, or for any other materials, products, or services of unaffiliated third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any affiliated and unaffiliated third-party websites. Please review carefully the affiliated or unaffiliated third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding affiliated and unaffiliated third-party products should be directed to the affiliated or unaffiliated third-party.
SECTION 13 – COPYRIGHT AND TRADEMARKS
SECTION 14 – MEDICAL ADVICE DISCLAIMER
We do not provide medical advice. The content on our website is provided for informational purposes only and is not intended to be a substitute for professional medical advice. All dieting programs are not designed for use by children under the age of 18. You should consult your physician or other qualified health provider before beginning this or any other dietary program. If you have questions about any medical condition, you should seek the advice of your physician or other qualified health care provider. None of the contents on our website are intended to be relied upon for medical treatment or diagnosis. Any opinions expressed on this website are the opinions of the authors. COMMON COOKERY, our parent, subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors assume no liability for the contents of any materials provided on the website. Reliance on any opinion or advice provided on our website is at your own risk.
COMMON COOKERY, our parent, subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors assume no liability or responsibility for
damage or injury to person or property arising from any use of any product, service, information or instruction contained on our website.
SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example meal reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 16 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy+Security policy. To view our Privacy+Security Policy visit http://commoncookery.com/privacy.
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in
the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall COMMON COOKERY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 20 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless COMMON COOKERY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 21 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 23 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HARRIS COUNTY, TX, United States.
SECTION 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.