Términos del servicio

TERMS OF USE OF WEBSITE & HESTAN LOYALTY PROGRAM

Last Revised: 04/18/2025

These Terms of Use apply to the following United States sites: www.hestanculinary.com, collectively known as “Hestan”, “Hestan Sites”, “Meyer”, or “Meyer Corporation”.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS, INCLUDING YOUR ABILITY TO BRING LEGAL CLAIMS AGAINST US. Please read these Terms of Service and any other terms referenced in this document carefully.

Your use of any of the Sites is expressly conditioned on your compliance with and acceptance of the following terms and conditions. By using any of the Sites, you agree that you have read, understand, and are bound by the Terms of Service and the related privacy policy (“Terms”). If you do not agree with any part of the following terms and conditions, do not use any of the Sites.

1. OWNERSHIP

All of the Sites, and each of its components, are the copyrighted property of Meyer, and its affiliates, various third-party providers and distributors. Portions of the content found on any of the Sites may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on any of the Sites may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Meyer and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on any of the Sites (collectively, the “Trademarks”) are the registered and common-law trademarks of Meyer, its affiliates, and various third parties. Nothing contained on any of the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Meyer or such other party that may own the Trademark.

2. USE OF A SITE

You may only use any of the Sites to browse the content, make inquiries to Meyer, order Meyer products and not for any other purposes. The Sites and the content provided in any of the Sites may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Meyer, except that you may download, display and print one copy of the materials presented on any of the Sites on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of any of the Sites and the materials contained on any of the Sites may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You may share links from the Sites with others or post them on social media sites, however, you are prohibited from posting to or transmitting from any of the Sites any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Meyer provides links from the Sites to other websites for your information and convenience. Meyer does not assume any responsibility or liability with respect to any website linked from any of the Sites (or any website linking to any of the Sites), including its content and operation. Meyer does not review or monitor such links. Except for links available through the “store locator” function, a link from any of the Sites to another website (or a link from another website to any of the Sites) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While any of the Sites may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Meyer (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Sites).

3. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use any of the Sites and to create binding legal obligations for any liability you may incur because of the use of any of the Sites. You understand that you are financially responsible for all uses of any of the Sites by you and those using your Access Codes (defined hereafter).

4. PRIVACY

You represent that you have read the Meyer Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Meyer and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Meyer Privacy Policy.

5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. THESE MAY SUPERSEDE THESE TERMS AND CONDITIONS AND THE MEYER PRIVACY POLICY.

6. PASSWORDS

When you order you will be given the opportunity to create an account. In that regard, you will be permitted to create your own username and passwords (“Access Codes”). Thereafter, you may utilize those Access Codes to obtain access to your account. You will be responsible for any activities conducted using Access Codes assigned to you.

7. HESTAN LOYALTY PROGRAM

The Hestan Chef’s Table Loyalty Program (“Program”) is an online rewards program offered by Meyer to its customers located in the United States where Program members (“Members”) may earn Hestan Culinary Cash based on a percentage or their last order, redeemable on future Qualifying Purchases (defined below) which is valid only with respect to future online orders exclusively at https://www.hestanculinary.com. (“Hestan Culinary Cash”). Hestan Culinary Cash cannot be redeemed as legal tender (e.g., transferred to a bank account, withdrawn as cash, or used without restrictions like a store credit), cannot be applied to Hestan gift cards, and is not transferable outside Hestan Culinary purchases. At this time, the Program is not available in any markets outside the United States.

The Program is not valid for any purchases made at any Hestan Culinary retail partners, whether in person, online, or by telephone, or on any licensed marketplace, including but not limited to Meta, or Amazon.

7.1 HESTAN LOYALTY PROGRAM

By signing up, or otherwise participating in, the Program, you acknowledge that you have read, understood and unconditionally accept to be bound by the terms of this Section 7 (“Program Terms”) which supplement the Terms. Meyer reserves the right to modify, suspend, or discontinue the Program, including terms, benefits, and conditions, earning rates, member gifts, expiration terms, without further notice or compensation to you, and you waive any right to receive specific individual notice of such modifications. Any updates to these Terms will be effective immediately upon the last revised date of these Terms which may be found at the top of this page, and your continued membership in the Program constitutes your acceptance of such modifications. These Terms constitute a legally binding agreement between Hestan Culinary, a Division of Meyer Corporation and each Member in the Program. Accordingly, you expressly represent and warrant that you are eligible for the Program (as described below) and will otherwise comply with these Terms. If you do not agree to all of these Terms now or at any point in the future and wish to be removed from the Program and/or you become ineligible for the Program, please contact hestanmarketing@hestan.com to cancel your Membership. YOUR CONTINUED USE OF YOUR MEMBERSHIP AFTER ANY CHANGE OF THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

7.2 ELIGIBILITY

Membership in the Program is limited to individuals who are residents of the United States (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) who are at least 18 years old.

Program membership is available only to individual naturals persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies or other entities. Hestan may disqualify any such entity discovered to be in the Program, which may include forfeiture of any accumulated Hestan Culinary Cash. Because Hestan is a retailer and does not sell to individuals or dealers for the purpose of resale to others, resellers are also expressly excluded from the Program.

7.3 QUALIFYING PURCHASES

Members have the opportunity to earn up to 5% Hestan Culinary Cash on all Qualifying Purchases made online, redeemable only for future purchases on https://www.hestanculinary.com. “Qualifying Purchases” are online purchases made on https://www.hestanculinary.com and are limited to select in-stock and full-priced Hestan cookware (including NanoBond, ProBond® Forged, CopperBond®, Thomas Keller Commercial Clad, ProBond® Luxe, CopperBond Aura, TITUM Fusion cookware), as well as Provisions™ (including OvenBond, Chef’s Tools, Roasters, Au Gratins, stainless steel accessories, and textiles). Qualifying Purchases are calculated after all coupons and/or discounts are applied, before shipping, fees, or taxes are imposed, and do not include the purchase of Hestan gift cards, or NanoBond® Titanium Stainless Steel Cleaner, and other select merchandise. Qualifying Purchases do not include any purchases made at any Hestan Culinary retail partners, both in store or online, or purchases made through licensed marketplaces, such as Amazon.

7.4 PROGRAM MEMBERSHIP LEVELS AND SPECIFIC TERMS

Consumers may opt in to one of two Hestan Culinary Loyalty Program Tiers: “Hestan Rewards” and “Hestan Chef’s Table” Membership. While Members may transition between levels, only one level of Membership may be active on the account at any one time.

7.4.1 HESTAN REWARDS MEMBERSHIP: NO ANNUAL FEE

There is no annual fee to enroll in the Hestan Rewards Membership. Upon signing up for a Hestan Rewards Membership, or a Shopify Account, or subscribing to Hestan Culinary email list, a free Hestan Rewards account will be created, and will remain active unless otherwise cancelled by you or terminated by us in our sole discretion (as outlined in Section 7.13). Hestan Rewards members may also upgrade to Hestan Chef’s Table through payment of the annual $99.00 Hestan Chef’s Table Membership fee.

7.4.2 HESTAN CHEF’S TABLE MEMBERSHIP: $99.00 ANNUAL FEE

Upon selecting Hestan Chef’s Table Membership, your account will remain active for 1 (one) year unless otherwise renewed, cancelled by you or terminated by us in our sole discretion, as outlined in Section 7.13 below, or your Hestan Chef’s Table Membership expires and your Membership converts to Hestan Rewards Membership.

7.4.2.1 HESTAN CHEF’S TABLE MEMBERSHIP: $99.00 ANNUAL FEE

The annual Hestan Chef’s Table Membership fee is $99.00. Membership fees are subject to taxation in accordance with applicable federal or state law. We reserve the right in our sole discretion to change the Hestan Chef’s Table Membership fee at any time, but changes apply only to new and renewal Hestan Chef’s Table Memberships.

Hestan Chef’s Table Membership fees are not refundable.

7.4.2.2 HESTAN CHEF’S TABLE MEMBERSHIP TERM

For new Hestan Chef’s Table Members, the Hestan Chef’s Table Membership Term shall expire 12 months from the date of purchase of Hestan Chef’s Table Membership. For active Hestan Rewards Members upgrading to Hestan Chef’s Table Membership, the Chef’s Table Membership shall expire 12 months from the date of purchase of Hestan Chef’s Table subscription.

Hestan Chef’s Table Membership Term will automatically renew at the anniversary, 12 months from the date of purchase of the Hestan Chef’s Table subscription. Chef’s Table Membership and any Hestan Culinary Cash balance will expire at the end of the 12 month term unless Member authorizes renewal for an additional year. A membership rebill notice will be sent 15 days before renewal/rebill. Upon expiration of Chef’s Table Membership Term, your Membership will automatically convert to Hestan Rewards Membership.

7.5 HESTAN CULINARY CREDIT REDEMPTION

7.5.1. Hestan Culinary Cash is calculated based on a percentage (determined by Membership level) of a Qualifying Purchase (2% back for Hestan Rewards, and 5% back for Hestan Chef’s Table members, respectively). Member’s Hestan Culinary Cash balance can be located within the loyalty membership login portal. Earned Hestan Culinary Cash can be redeemed when desired on future orders. Once opting to redeem, a unique loyalty coupon code is activated, generated by Shopify and assigned to the member’s account. The member’s Hestan Culinary Cash balance will determine the value of the unique coupon (e.g. REDEEM-FNOFNTKXWQO), and is applied automatically at the Shopify checkout to deduct the balance of the order, before tax and shipping is calculated.

7.5.2. Upon checkout of a Qualifying Purchase, Hestan Culinary Cash will be issued to the Member's account no later than one day after the order is placed, except in circumstances of technical or system failure in which case such credits will be issued as soon as practicable. For avoidance of doubt, as outlined in Section 9 below, Hestan and/or Meyer is not responsible for any errors or technical issues that may impact the ability to earn or redeem Hestan Culinary Cash or other damages resulting from program changes, termination, or technical malfunction.

7.5.3. If the member completes a Qualifying Purchase, they will earn Hestan Culinary Cash. If the member redeems issued credits on a future and the order is later cancelled for any reason, the member will receive a refund, and the credits will be automatically deducted from their account. If the member makes a purchase (“Purchase A”) and receives Purchase A's credits, then makes future purchase (“Purchase B”) using the credits earned in Purchase A only to later refund Purchase A. Hestan Culinary Cash would still be deducted from the member's account. There may be instances where a customer’s Hestan Culinary Cash balance may become negative. Negative balance can exist and Culinary Cash cannot be redeemable until balance is positive.

7.5.4. You can review your Hestan Culinary Cash balance by logging into your Hestan Account. For free Hestan Rewards Tier members, Hestan Culinary Cash balance will automatically expire after 180 days from issuance. For paid Hestan Chef’s Table Loyalty Members, Hestan Culinary Cash balance will remain active for the 12 months of the account. If a member renews Hestan Chef’s Table Loyalty Membership for the next consecutive 12-months, earned Hestan Culinary Cash will roll over. If a member fails to renew 12-month Hestan Loyalty Membership, all issued Hestan Culinary Cash will expire, and will be forfeited.

7.5.5. Hestan Culinary Cash can only be applied to Qualifying Purchases via cart transactions on https://www.hestanculinary.com.

7.5.6. The value of the Hestan Culinary Cash redeemed in a transaction is applied as a discount proportionally across all eligible items based on proportional cost.

7.5.7. The email address in the Member profile must be valid, and must be used when checking out for Hestan Culinary Cash to be successfully applied and redeemed. Members with an unconfirmed email address will receive an email to the email address associated with the Member’s account requesting they confirm

7.6 EXCLUSIONS

7.6.1 Hestan Culinary Cash may not be applied to purchases of NanoBond Cleaner, Gift Cards, Water Bottles, Hestan Aprons, or other select merchandise, shipping, other fees, or taxes. Hestan Culinary Cash may not be applied during promotional events unless otherwise stated in the applicable promotional event terms and conditions. Hestan has the sole right to exclude any other items at any time at its sole discretion.

7.7 NON-TRANSFERABLE

7.7.1 Hestan Culinary Cash does not have cash redemption value and cannot be exchanged for cash, sold or transferred to another member or shopper. Hestan Culinary Cash may not be transferred to another Membership account.

7.7.2 Memberships are for individual use only and are non-transferable. Members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Membership benefits. An email address may be associated with only one Membership account. For use on https://www.hestanculinary.com, a Membership may be associated with only one Hestan Site account.

7.8 RESTRICTIONS

Hestan Culinary Cash cannot be earned or redeemed in conjunction with employee discounts, or any corporate, institutional or prearranged group discounts, unless specifically stated.

7.9 RETURNS

7.9.1. Meyer will deduct previously issued Hestan Culinary Cash redeemed from a Membership account when a product earning Hestan Culinary Cash is returned. The Meyer return policy applies to all returns of purchases made online and in-store. When all products earning Hestan Culinary Credits in a transaction are returned for the full value, all Hestan Culinary Cash issued in the original transaction will be deducted from the Member account up to the amount in the current Hestan Culinary Cash balance, and if exceeded, from the Hestan Culinary Cash up to the amount available. When only some of the items in a transaction are returned for the full value, all Hestan Culinary Credits issued in the original transaction and the Hestan Culinary Cash amount is recalculated. If the new total results in fewer Hestan Culinary Credits than were issued in the original, the difference will be deducted from the account.

Meyer will partially or fully restore Hestan Culinary Cash to Member’s account if there are product returns from a transaction in which Hestan Culinary Cash was redeemed.

7.9.3 If Hestan Culinary Cash has been redeemed in the transaction, the qualifying order total for free shipping available as a Membership benefit is calculated prior to the credit / coupon redemption or being applied.

7.10 EXPIRATION

7.10.1. For free Hestan Rewards Tier members, Hestan Culinary Cash balance will automatically expire after 180 days from issuance. For paid Hestan Chef’s Table Loyalty Members, Hestan Culinary Cash balance will remain active for the 12 months of the account. If a member renews Hestan Chef’s Table Loyalty Membership for the next consecutive 12-months, earned Hestan Culinary Cash will roll over. If a member fails to renew 12-month Hestan Loyalty Membership, all issued Hestan Culinary Cash will expire, and will be forfeited.

7.11 MEMBERSHIP UPGRADES AND CONVERSIONS

7.11.1 A Membership account in the Hestan Rewards Membership level may be upgrade to the Hestan Chef’s Table level, and will receive benefits in accordance with that level upon payment of the annual Chef’s Table Membership Fee.

7.11.2 If a Chef’s Table Membership term expires, the Membership account will immediately convert to the Hestan Rewards Membership level and the Member will receive benefits in accordance with that level.

7.11.3 Hestan Culinary Cash will not carry over to a free Hestan Rewards Membership and will expire at the end of the 12 month membership. Hestan Chef’s Table member will only retain their Hestan Culinary Cash balance if their membership is renewed before the termination of their 12-month subscription.

7.12 CANCELLATION BY MEMBER

You have the right to cancel your Hestan Rewards Membership or Hestan Chef’s Table Membership at any time by contacting hestanmarketing@hestan.com and notifying us that you want to cancel your Hestan Rewards Membership or your Hestan Chef’s Table Membership. In the event of cancellation, the Membership account is terminated, effective immediately, and can no longer be used. Any earned or issued Hestan Culinary Cash on your account expires as of the cancellation. You will not be entitled to a refund of the Hestan Chef’s Table Membership Fee.

7.13 OUR TERMINATION OF MEMBER’S ACCOUNT

Meyer may terminate your Hestan Rewards Membership or Chef’s Table Membership without notice, for any reason in Meyer’s sole discretion, including without limitation our belief that continued use of such Membership would violate any provision of the Terms, including these Program Terms, applicable law, or otherwise be harmful to our interests or another user. Meyer may also terminate your Hestan Rewards Membership or Chef’s Table Membership in its sole discretion for any suspected misuse, including fraudulent activity and/or abuse of program privileges. Misuse includes, but is not limited to: (i) creating multiple accounts for the same person; (ii) using bots or automated tools to earn or redeem credits; or (iii) engaging in fraudulent transactions or returns to exploit the Hestan Culinary Cash system. Any suspected fraudulent activity may result in the immediate suspension or termination of membership and forfeiture of all accrued Hestan Culinary Cash.

In the event of any such termination, you will not be entitled to a refund of your Chef’s Table Membership fee and any accumulated Hestan Culinary Cash balance will be forfeited.

7.14 TERMINATION OF MEMBERSHIP BENEFITS OR PROGRAM

Meyer may terminate the Membership Program or any or all Membership benefits at any time with or without notice.

In the event of the termination of the Hestan Chef’s Table Membership program, at Meyer’s election, we will either maintain your Chef’s Table Membership benefits until the expiration of a Member’s Chef’s Table Membership current term or refund each Chef’s Table Member a pro rata portion of the Chef’s Table Membership fee for the remaining portion of the current Chef’s Table Membership term.

In the event of Meyer’s termination of Rewards Membership, the Rewards Membership benefits, including any Hestan Culinary Cash accumulated, will end as of the program termination date.

7.15 CONSENT TO COMMUNICATIONS

By joining the Hestan Rewards Program, you consent to the receiving Program-related communications, including SMS messages (as outlined in Section 20 below), including but not limited to automated reminders, including (i) rewards statements; (ii) promotional offers and other Member benefits; and (iii) renewal notifications for Membership expirations. Members can opt out of marketing communications without forfeiting Membership.

7.16 TAXES

You are responsible for any tax liability that may result from participation in the Program or use of any Hestan Culinary Cash. Consult your tax advisor concerning such tax consequences.

8. DISPUTE RESOLUTION

8.1 The following applies to all Disputes between you and Meyer arising out of, under, or related to these Terms of Service, the Hestan Rewards Program, and Meyer’s privacy practices (including any action Meyer may take or authorize with respect to information about or provided by you):

8.2 All Disputes will be settled exclusively through binding arbitration. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). You are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Service EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

8.3 You and Meyer must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one will be held in City, State; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR MEYER MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING; (vi) if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Meyer shall pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (vii) a decision by the arbitrator (including any finding of fact or conclusion of law) against either you or Meyer will be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of you or Meyer in existing or subsequent litigation or arbitration involving any other person (including a User); and (viii) each side pays his, her or its own attorneys’ fees and expenses.

8.4 Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret are not subject to this arbitration provision. Such claims shall be exclusively brought in the state courts located in City, State or the federal courts located in City, State and each party hereby consents to the jurisdiction of those courts.

8.5 As an exception to this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.

8.6 With the exception of subparts (iv) and (v) in subsection 8.2 of this arbitration provision (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (iv) or (v) in subsection (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Meyer shall be entitled to arbitration. If this arbitration provision is held unenforceable by a court, or AAA refuses to arbitrate the Dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Meyer shall be exclusively brought in the state or federal courts specified in subsection 8.4 above.

8.7 For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

9. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.

9.1 IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR ERRORS OR TECHNICAL MALFUNCTION, INCLUDING ACCESS TO HESTAN REWARDS, LOSS OF HESTAN CULINARY CASH RESULTING FROM PROGRAM CHANGES, PROGRAM TERMINATION, OR FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, ARISING FROM YOUR USE OF A LINKED WEBSITE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

9.2 ACTUAL DAMAGES ONLY

OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICES UP TO FIVE DOLLARS (US$5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

9.3 FIRST PARAGRAPH IS INDEPENDENT OF SECOND

THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.

9.4 DISCLAIMER OF WARRANTIES & ASSUMPTION OF RISK

THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SERVICES, INFORMATION, CONTENT, OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF SECURITY, UNINTERRUPTED, OR ERROR-FREE ACCESS OR USE OF THE SERVICES.

THE SERVICES AND ALL CONTENT OBTAINED BY YOU THROUGH THE SERVICES, INCLUDING ANY LINKED WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. AS SUCH YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON ANY INFORMATION ON THE SERVICES OR ANY LINKED WEBSITE.

9.5 JURISDICTIONAL EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our ability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

10. FORCE MAJEURE

Meyer will not be deemed to be in breach of these Terms or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

11. EMPLOYMENT

11.1 From time to time, Meyer may place vacancy announcements on the Sites, seeking applications from candidates who desire employment with Meyer or one of its related entities. However, Meyer is not under any obligation to screen or review any applications or to offer any vacancy announcement or other employment opportunities. As a result, Meyer does not certify the existence, type or quality of the jobs posted, the accuracy of the listings, the suitability of any job opportunities to candidates or the continued existence of the job after posting. The Sites and all job-related information they contain are provided “AS IS.” MEYER MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE JOB-RELATED OR OTHER INFORMATION PROVIDED ON THE SITES. Meyer does not guarantee that any employment position will be offered to any of the candidates submitting information. By using the Sites, you assume the risk that the information on the Sites may be incomplete, inaccurate, out of date, or that a specific posting may not meet your needs and requirements. You also agree that any information you submit, whether or not it is in response to any posted vacancy, is truthful and complete.

12. SUBMISSIONS

“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Meyer regarding the products or services of Meyer. Submissions will not be confidential and will become the property of Meyer upon submission to Meyer. By providing any Submissions, you agree to assign to Meyer, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Meyer will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Meyer, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

12.1 Except as expressly stated and agreed upon in advance by Meyer, no confidential relationship shall be established if any user of any of the Sites should make any oral, written or electronic communication to Meyer (such as feedback, questions, comments, suggestions, ideas, etc.). If any Meyer website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Meyer shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Meyer shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Meyer is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

13. PRODUCT AND SERVICE AVAILABILITY

13.1 Reference to any product or service on any of the Sites constitutes an offer to sell or supply that product or service and does not mean that the product or service is available when you order it. Meyer manages all or portions of the Sites in the United States of America. Meyer does not imply that the materials on any of the Sites are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.

13.2 We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.

14. COLORS

Meyer attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitor’s display of any color will be accurate.

15. BACKORDERS (OUT OF STOCK)

Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, we are researching or waiting for stock information from one or more of our suppliers. We will notify you if a backorder situation exists.

16. PRICES AND AVAILABILITY

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON ANY OF THE SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on any of the Sites does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.

17. ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order. By placing an order on our Sites, you acknowledge and agree to the terms outlined in these Terms.

18. SALES TAX

Sales tax charges are based on state and local tax laws and tax rates for the delivery address of your order. Where required, tax will also be applied to the shipping and handling charges. If you return an item for a refund, you will also receive a refund for the taxes you paid for that item. You will not receive a refund for the taxes you paid on the shipping and handling of that item, as the shipping and handling charges are nonrefundable once an item has been shipped. Please note that on-screen order totals reflect estimated tax. The actual charge to your credit card will reflect all applicable taxes calculated at the time your order is shipped.

19. REGISTRATION AND SECURITY

19.1 By entering any of the Sites you have confirm that you are of legal age in the state in which you reside. If you wish to purchase any products or use certain services on any of the Sites, you must provide certain minimum the required information to us. By entering any information on any of the Sites, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any Access Codes that you have chosen. Remember that you are responsible for all activity that occurs under your account or Access Codes. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We will use all information provided to us in accordance with our Privacy Policy.

19.2 If you want to cancel your Access Codes, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately through this link. We may delete or change any Access Code at any time and for any reason.

20. SMS

By consenting to Hestan's SMS marketing in the checkout and initializing a purchase, subscribing via our subscription tools, or joining the Hestan Rewards Loyalty Program, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at support@hestanculinary.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

21. PAYMENT

You are responsible for any payments due for any products or services ordered through your account. You shall also be responsible for any costs of collection for overdue payments.

22. RELATIONSHIP

Your use of any of the Sites is independent of Meyer and not as an employee, agent, partner, or joint venture with Meyer for any purpose. We will permit our independent sales representatives to access portions of any of the Sites.

23. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of California, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, United States of America, in all questions and controversies arising out of your use of any of the Sites and this Agreement. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

24. ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

25. MODIFICATION

Meyer may at any time modify these Terms of Use in our discretion without notice. Your use of any of the Sites will be conditioned upon the Terms of Use posted on our site at the time of your use. Please be sure to review our Privacy Policy before proceeding to use any of the Sites. YOUR CONTINUED USE AFTER ANY CHANGE OF THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

26. ADDITIONAL TERMS

Additional terms and conditions may apply to purchases of goods and services and other uses of portions of any of the Sites, and you agree to abide by such other terms and conditions.

27. HEADINGS

The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

28. COPYRIGHT ACT AGENT

Meyer respects the intellectual property rights of others, and requires that the people who use any of the Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

29. ENTIRE AGREEMENT

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on any of the Sites.

30. HOW TO CONTACT US

If you have any comments or questions, please do not hesitate to contact us through this link . or you may submit your questions at Knowledge Base

Professional Clad Stainless Steel