Company Info

Terms of Use

Revised November 13, 2019

 

These Terms of Use (these “Terms”) are entered into between you and The Pampered Chef, Ltd., and its vendors, subsidiaries, and independent sale consultants (collectively referred to as “TPC” or “The Pampered Chef”, “we”, “us” and “our”). These Terms govern your access and use of The Pampered Chef Website located at pamperedchef.com, including official corporate websites, Consultants' personal websites and the Consultant–only part of the Website, known as Consultant's Corner, which are all collectively referred to as the “Website.”

 

Your Consent

By using the Website, you agree to these Terms. Please read these Terms carefully before you start to use this Website. If you do not agree to these Terms, do not use this Website.

 

We reserve the right to modify or otherwise update these Terms at any time by posting the modified version on our Website and updating the revised date. Such changes will automatically be effective upon posting on our Website, and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms.

 

To obtain information about our privacy practices, please see our Privacy Policy, which is incorporated by reference.

 

Corrections

The Pampered Chef reserves the right: (a) to correct any errors, inaccuracies or omissions; (b) to change product or service descriptions, images and references; (c) to limit the available quantity of any product or service; (d) to update information at any time with or without notice; (e) to prevent or prohibit any person, user or customer from making any or all Transaction(s); and/or (f) to refuse to provide any person, user or customer with any product. Prices and availability of any product offered through the website are subject to change without notice, and The Pampered Chef shall not be responsible for errors in the prices or descriptions of such products. Refunds and exchanges will be subject to The Pampered Chef's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. Product images and pricing may vary outside the U.S.

 

Intellectual Property Rights

All content provided on the Website, including, but not limited to, all information, text, graphics, images, displays, etc., as well as collection, arrangement and assembly of all content on this Website is our exclusive property and is protected by US and international copyright, trademark, patent, trade secret and other intellectual property and proprietary property laws. Except as stated herein or expressly authorized in writing by TPC, no material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Website is strictly prohibited.

 

TPC’s name, trademarks, service marks, trade dress and logos (“Trademarks”) used and displayed on this Website are Trademarks used under license. You must not use such Trademarks without the prior written permission of The Pampered Chef and nothing on this Website should be construed as granting any license or right to use any Trademark.

 

Use of Website

These Terms permit you to use this Website for your personal, non-commercial use only and no portion of this Website may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by TPC. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that your conduct violates applicable law or is harmful to our interests.

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

 

User Submissions

We are always pleased to receive your comments, suggestions and ideas regarding TPC products, this Website and other services we provide. We are continuously working on new product ideas for our product pipeline. Many products we develop are in our pipeline for years so a concept or idea you may provide, we might already be developing or considering. Our policy is that TPC and its employees do not accept or consider unsolicited comments, suggestions, ideas, proposals, notes, drawings, concepts, marketing plans or other materials or information (collectively “Submissions”). However, if despite our policy, you submit any Submission(s), you agree that: (a) any Submission is not confidential, (b) we shall have no obligations regarding the Submission including, without limitation, no obligation to acknowledge, review or return and Submission, (c) you represent and warrant that you own or otherwise control all of the rights to the Submission, that all content of the Submission is accurate, that it does not infringe upon the rights of any person or entity and that use of the Submission does not violate these Terms and will not cause financial injury to any person or entity, and (d) by virtue of your Submission, you hereby grant and assign to us, a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, edit, make derivative works from and sell, and incorporate such Submissions and the names identified on the Submissions throughout the world in any media (now known or hereafter invented) for any purpose whatsoever, without restriction and without compensating you in any way. This includes, but is not limited to, any confidential information or any original creative materials such as stories, recipes, product ideas, computer codes or original artwork. We may post your Submission on the Website and we reserve the right (but not the obligation) to monitor, edit and remove any Submission. When you send a Submission, you may choose at any time not to provide personally identifiable information. However, if you do not provide us personally identifiable information this may restrict our ability to provide requested services or information (e.g. processing your order). If we receive a Submission that contains personally identifying information, such as a name, address and/or telephone number, our Privacy Policy will govern how we use or disclose this information. Please refer to our Privacy Policy for further information.

 

Linking

We may provide links to third party websites on this Website. These links are provided for your convenience only and are not responsible for any of these websites and their content. We do not endorse or make any representations or warranties about such websites or any information or materials located therein or any results that may be obtained from using them. Since we do not control these websites, we assume no responsibility for the privacy practices of such websites. We encourage you to review the privacy policies and terms of use posted on those, and all, third party websites.

 

Purchases

All purchases through this Website or other transactions for the sale of goods formed through this Website are governed by our Terms of Sale, which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

 

Indemnification

You agree to defend, indemnify and hold The Pampered Chef, its affiliates, and their respective directors, officers, managers, members, licensors, employees, agents, consultant sales field and licensors, harmless from and against all claims, liabilities, awards, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms, your use of the Website, or other applicable agreements between us. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall cooperate as reasonably requested by us.

 

Disclaimer and Limitation of Liability

This Website is provided “as is” “WITH ALL FAULTS”, and without express or implied warranties of any kind, including without limitation, the implied warranties of merchantability, fitness for any particular purpose or non-infringement. We do not represent or warrant that this Website will be uninterrupted or error free. In no event will we be liable for any damage or cause of any kind based upon or resulting from any use or inability to use this Website. You acknowledge, by your use of this Website, that your use is at your sole risk. To the extent your jurisdiction does not allow the exclusion or limitation of certain warranties, the scope and duration of such warranty in these jurisdictions and the extent of any of our liability will be the minimum permitted under such law. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PAMPERED CHEF NOR ANYONE ASSOCIATED WITH THE PAMPERED CHEF REPRESENTS OR WARRANTS THAT THIS WEBSITE, OR ITS CONTENT, OR THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Applicable Law

This Website is created and controlled by The Pampered Chef, Ltd. in the State of Illinois, USA. The laws of the State of Illinois govern these terms and conditions, without giving effect to any principles of conflicts of laws. We make no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms constitute the entire agreement between The Pampered Chef and Website visitors with respect to the Website.

 

Our Address

The Pampered Chef, Ltd.
One Pampered Chef Lane
Addison, Illinois 60101-5630 U.S.A.

 

Mobile Terms & Conditions

By “Opting-In” to or using “Text Message Service” (both terms defined below), you accept these Mobile Terms & Conditions and agree to resolve disputes with Pampered Chef through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as described in the “Disputes” section below.

 

Definitions

“Text Message Service” includes any arrangement or situation in which Pampered Chef sends (or indicates it may send, or receives a request to send) one or more text messages. For example, Pampered Chef Consultant Alerts.

 

“Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to enrolling in, signing up for acknowledging, or otherwise consenting to receive one or more text messages.

 

“Pampered Chef” means The Pampered Chef, Ltd. or any of its subsidiaries or affiliates.

 

Opting In

Text JOIN to 42949 to receive texts from Pampered Chef.

 

By signing up to use Pampered Chef Consultant Alerts, you authorize Pampered Chef to send you text messages to your mobile phone/device regarding various alerts and events. Message frequency varies, but a maximum limit of 5 messages per week. You also authorize Pampered Chef to include marketing content in any such messages. You confirm that you are the subscriber to the relevant phone number of that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In. You understand and agree that the text messages sent to your mobile phone/device may be generated using automated technology. You consent to the use of an electronic record to document your Opt-In.

 

About the Text Message Service and Opting-Out

 

Message and data rates may apply. Reply STOP to cancel or reply HELP for info. By signing up, you consent that following such a request to Opt-Out, you will receive one (1) final message from Pampered Chef confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-Opt-In. All charges are billed by and payable to your mobile service provider. Pampered Chef may terminate any Text Message Service or your participation in it any time with or without notice, including, for example before you have received any or all messages you would otherwise have received, but these Mobile Terms & Conditions still will apply. Pampered Chef does not charge you for sending or receiving text messages to or from 42949. By signing up for Pampered Chef texts, you agree that the collection and processing of your personal data will be in compliance with the Pampered Chef Privacy Policy. For questions or help, please call Pampered Chef Customer Service at 1-888-687-2433 or email us at Solution_Center@pamperedchef.com

 

Disputes

Any dispute or claim arising out of or relating in any way to a Text Message Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Conditions of Use.

 

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE CONDITIONS OF USE AS A COURT WOULD.

 

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF ILLINOIS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS & CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST BEST BUY ARISING OUT OF OR RELATING IN ANY WAY TO ANY PAMPERED CHEF TEXT MESSAGE SERVICE.

 

Mobile Carriers

Supported carriers include AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular, ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missouri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless).

 

Subscription Transactions

By placing a Pampered Chef subscription order, you accept these terms, conditions, limitations, and requirements. Please read these Terms and Conditions carefully. The Pampered Chef subscription benefit(s) discussed on the landing page, FAQ page, EnrichablesTM product development page, and throughout the Pampered Chef website(s), are part of these Terms and Conditions. Pampered Chef reserves the right to change the Pampered Chef subscription benefit(s), including discount shipping and eligibility of benefits, at any time in its sole discretion. All changes will not apply to orders already processed, but shall apply to future orders, including current subscriptions.

By purchasing a Pampered Chef subscription, you grant Pampered Chef the right to use the information provided by you to process your purchase, in order to create a user profile for you on our website(s): pamperedchef.com or Consultant’s Corner.

 

Some of the offer details may change as you receive deliveries over time (e.g. price, taxes, and shipping charges). New Season Product Sample: Consultants can purchase one New Season Product Sample, which contains one box of Pea Protein and one box of Kale & Fiber, which has a promotion of 50% off for your first purchase of the New Season Product Sample. (The discounted EnrichablesTM package at $49 is not available as a 50% off new season sample.) Kit Enhancement: Consultants can purchase one Kit Enhancement, which contains one box of Pea Protein and one box of Kale & Fiber at 40% off for your first purchase of the Kit Enhancement. (The discounted EnrichablesTM package at $49 is not available as a 40% kit enhancement item.) One-time Purchase: You can order Enrichables™ as a one-time purchase at your normal personal discount of 20-40%. Bulk Order: There is a limit of one bulk package of EnrichablesTM per supply order, starting mid-October, 2019. If the product is unavailable when Pampered Chef plans to ship it, you authorize Pampered Chef to fulfill your order within a reasonable time. Your subscription will automatically create a new order according to your chosen delivery schedule, until you cancel.

 

If you register for a Pampered Chef subscription plan, you will be charged for the initial amount at checkout (less the Pampered Chef subscription discount(s) and any applicable sales tax) followed by recurring charges as agreed to by you, unless you notify Pampered Chef at least seven (7) days before the next recurring order is processed, that you want to cancel the Pampered Chef subscription. Until you provide the required advance notice that you wish to cancel this authorization, Pampered Chef may charge and collect the applicable amount, without further authorization from you, using the payment method we have on record for you.

 

The charge for each Pampered Chef subscription will be billed to the payment method used to create your subscription or as otherwise directed by the customer. You hereby consent to Pampered Chef processing and charging the form of payment on file for each reoccurring subscription order. If Pampered Chef is unable to process and complete your Pampered Chef subscription order with your selected payment method used to purchase your subscription, you authorize Pampered Chef to deny the processing of the order(s) and contact you for a proper form of payment.  

 

Pampered Chef may, in its sole discretion, terminate your subscription(s) at any time without notice. If Pampered Chef does so, you will be charged for order(s) that have been shipped to you. Your Pampered Chef subscription(s) will remain in effect until it is cancelled. You can cancel at any time via your Manage Subscription page located on your profile (Customers: pamperedchef.com; or Consultants: Consultants Corner); by emailing Pampered Chef: solution_center@pamperedchef.com; or by calling our Solution Center at: 1 (888) 687-2433. Once you have cancelled your subscription(s), Pampered Chef will process your request within the next five (5) business days. If you cancel your subscription and then reactivate the account, the discount(s) applied to any Pampered Chef subscription product may not be the same discount(s) in effect at the time of cancellation. If there is a new Pampered Chef subscription discount, which is active at the time of reactivating your Pampered Chef subscription, the new Pampered Chef subscription discount(s) may be applied to your Pampered Chef subscription orders placed after reactivating your Pampered Chef subscription account.

If you initially purchased a sample EnrichablesTM subscription, which includes a box of each EnrichablesTM product, but only wish to continue the subscription of one of the EnrichablesTM products, this will require you to cancel the entire sample EnrichablesTM subscription, and purchase a new EnrichablesTM subscription for the single EnrichablesTM product.

 

Pampered Chef subscription benefit(s), such as free shipping, are limited to Pampered Chef subscription purchases only, and are not applied to products outside the Pampered Chef subscription order(s). If an order contains other Pampered Chef products, beyond a Pampered Chef subscription, the Pampered Chef subscription benefit(s) will only apply to Pampered Chef subscription product(s) in that order. The total retail value of a Pampered Chef subscription order, if coupled with other items in your check out cart, will not affect the total retail price that is considered when determining which shipping price bracket is assigned to your purchase. Free shipping on a Pampered Chef subscription order only applies to standard shipping method(s), and does not apply to rushed, expedited, overnight, or any other non-standard shipping methods. Pampered Chef subscription benefit(s) are only available for orders shipping to addresses in the United States and Canada (excluding providence of Quebec).

 

The Pampered Chef subscription benefit(s) are personal to you, and you may not assign or transfer your subscription or any of the benefit(s) to any third party without Pampered Chef’s prior written authorization. Furthermore, recurrence shipments for Pampered Chef subscriptions are not eligible for monthly promotion gifts offered by Pampered Chef.

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