TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
Last Modified: May 1, 2022
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH HOT IRON PEPPER OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products through https://www.hotironpepper.com (the “Website”). These Terms are subject to change by Hot Iron Pepper (“Hot Iron Pepper,” “the Company,” “we,” “us,” or “our”) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Website, and you should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Hot Iron Pepper and You will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling us at (502) 264-7952 or by sending us an email at firstname.lastname@example.org.
Prices and Payment Terms. All prices posted on the Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept America Express, MasterCard, Discover or Visa for all purchases. You represent and warrant that (i) the credit card information You supply to us is true, correct, and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by your credit card company, and (iv) You will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Processing; Shipments; Delivery; Title and Risk of Loss. Orders are typically processed within three (3) business days of being placed. You will pay all shipping and handling charges specified during the ordering process. Hot Iron Pepper’ currently only offers domestic shipping within the United States and will arrange for shipment of the products to You. Shipping is fulfilled by USPS, UPS, or FedEx. It may take 7-10 business days from the day the order is processed for your order to be delivered.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds. Fees paid for the purchase of products are non-refundable and all products purchased through our website are non-returnable unless: 1) your order cannot be delivered to the address You provide when You place your order; or 2) there is an error with your order.
Incorrect Address. Hot Iron Pepper is not responsible for fulfilling orders that are placed with an incorrect address. If your order is returned to us due to incorrect shipping information, or deemed undeliverable for any reason, Hot Iron Pepper will notify You by contacting You at the email address You provided to us when You placed your order to. Provided You respond to Hot Iron Pepper’ initial notice within 10 days from the date the notice is sent, Hot Iron Pepper will, at its discretion, either re-ship the items to the correct address or issue You a refund. If Hot Iron Pepper elects to re-ship the items, You must provide us with the correct address and pay for any additional shipping costs. If Hot Iron Pepper elects to issue You a refund, You must provide us with the credit card information You used to place the undelivered order to which the refund can be applied. Shipping costs are non-refundable and will be deducted any refund issued under this section.
Order Errors. If the products You receive are different from the products You selected at the time You place your order (an “Order Error”) Hot Iron Pepper may, at its discretion, either issue You a refund or send You the correct products. In order to be considered an Order Error, You must contact Hot Iron Pepper at email@example.com within 7 days from the date your order is delivered and inform us of the error. At Hot Iron Pepper’ request, You may be further required to provide reasonable documentation establishing that you received the incorrect items. In order to receive a refund or have the incorrect items replaced, Hot Iron Pepper may require You return the incorrect items to them in their original condition and packaging. Further instructions regarding how to return the incorrect items will be provided to You at that time. Shipping costs are non-refundable and will be deducted any refund issued under this section.
Damaged Items or Lost Packages. If your shipment arrives damaged or You believe it to be lost, You must contact Hot Iron Pepper at firstname.lastname@example.org. We will use our best efforts to work with You to resolve the situation.
Intellectual Property Use and Ownership. You acknowledge and agree that Hot Iron Pepper are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Website and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, and trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products and services made available through this site, or any of the intellectual property rights relating to those products and services.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, or telecommunication breakdown or power outage.
Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of Kentucky or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Kentucky.
Dispute Resolution and Binding Arbitration. YOU AND HOT IRON PEPPER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HOT IRON PEPPER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Hot Iron Pepper.
No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Notices. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting to the Website will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us by email at email@example.com. We may update the email addresses to use for notices to us by posting a notice on the Website.
Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.