Terms
Terms of Service
Last updated: 4/2/2019
This Terms of Service Agreement (“Terms”) governs your use of the Falk Culinair USA (“Falk Culinair USA,” “Company,” “we,” “our” or “us”) website www.copperpans.com (“Website”) and your purchase of Products sold through the Website. By using the Website, you agree, without limitation or qualification, to be bound by these Terms and the Falk Culinair USA Privacy Policy. If you do not agree, please do not use the Website.
Falk Culinair USA may revise these Terms at any time. Your continued usage of the Website will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Website are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Website for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH FALK CULINAR USA ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.
1. ELIGIBILITY
You must be 18 years of age or older to visit or use the Website in any manner. By visiting the Website or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the Website in a manner consistent with any and all applicable laws and regulations.
2. USE OF THE WEBSITE
2.1 Use Restrictions
The content on the Website, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from FALK CULINAIR USA’s licensors, and any other materials displayed through the Website (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with FALK CULINAIR USA. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of FALK CULINAIR USA or its licensors.
FALK CULINAIR USA authorizes you to view and download and print copies of the Contents solely for your own lawful, personal, non-commercial use if you retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to FALK CULINAIR USA and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, non-transferable license to use the Website. You may not distribute or make the Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original Website, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without FALK CULINAIR USA’s written permission, “mirror” any Contents contained in the Website or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the Website in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of FALK CULINAIR USA or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to FALK CULINAIR USA’ user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
FALK CULINAIR USA reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the Website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
The personal information you submit to FALK CULINAIR USA is governed by the FALK CULINAIR USA Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.
Except as provided under Submission of Ideas (Section 2.3 below), FALK CULINAIR USA does not claim ownership of any information or material a user provides to FALK CULINAIR USA or posts, uploads, input, submits, or transmits to the Website (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the judgment of FALK CULINAIR USA, exposes FALK CULINAIR USA or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by FALK CULINAIR USA. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—FALK CULINAIR USA a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, FALK CULINAIR USA is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. FALK CULINAIR USA is not responsible for the consequences of any Submission. FALK CULINAIR USA is not responsible for screening or monitoring Submissions made to this Website by users. If notified by a user of a Submission allegedly in violation of these Terms, FALK CULINAIR USA may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. FALK CULINAIR USA will have no liability or responsibility to users for performance or nonperformance of such activities.
FALK CULINAIR USA reserves the right (but is not obligated) to: (a) record the dialogue on the Website; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Website upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Website, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to FALK CULINAIR USA. FALK CULINAIR USA policy is to not accept, review, or consider unsolicited Ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names). The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of FALK CULINAIR USA’s products, services or marketing strategies might seem similar to ideas submitted to FALK CULINAIR USA.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the Website or otherwise shall be the property of FALK CULINAIR USA, and may be treated by FALK CULINAIR USA as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to FALK CULINAIR USA will automatically become the property of FALK CULINAIR USA, without any compensation to you; (b) FALK CULINAIR USA may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) FALK CULINAIR USA has no obligation to review any Idea; and (d) FALK CULINAIR USA has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, FALK CULINAIR USA.
2.4 Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. FALK CULINAIR USA reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.
3. TERMS OF SALE
3.1 Introduction
FALK CULINAIR USA sells copper cookware products (the “Products”) to end-user customers. You may not purchase Products for further distribution or resale.
3.2 Products and Product Pricing
The price that we will charge you for the Products may be based on a tiered pricing structure that depends on the amount purchased at any given time or over a given time period. Pricing for Products (including any applicable shipping and handling fees) can be found on the Website. We reserve the right to change a Product’s price or the tiered pricing structure at any time. We do not provide price protection or refunds in the event of promotions or price decreases.
3.3 Memberships and Promotions
FALK CULINAIR USA reserves the right, in its absolute discretion, to withdraw or modify any Product, offering, or promotion at any time without prior notice and with no liability. Any and all Products, offers, or promotions advertised on the Website are void where prohibited, and are subject to the posting of any official rules to such offers or promotions. Orders may be cancelled if the user does not meet the promotion's rules and conditions.
3.4 Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and FALK CULINAIR USA is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future orders until the problem has been resolved.
3.5 Refunds
If you are dissatisfied with one of our Products for any reason, we will refund the amount paid for that Product. Refund requests must be made directly to us at support@copperpans.com within 30 days of the date of shipment by FALK CULINAIR USA. We are not liable for Products that are damaged or lost in transit to FALK CULINAIR USA. Promptly following FALK CULINAIR USA’s receipt of your request (typically within five (5) business days), FALK CULINAIR USA will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, FALK CULINAIR USA does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by FALK CULINAIR USA more than 30 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
3.6 Gift Cards
The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. FALK CULINAIR USA shall have the right to refuse service, suspend or terminate accounts or any related account(s), cancel orders, in each case in its sole discretion, if FALK CULINAIR USA suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the Website.
4. LIABILITY OF FALK CULINAIR USA AND ITS LICENSORS AND PARTNERS
The use of the Website or the Contents is at your own risk. The Contents in the Website could include technical inaccuracies or typographical errors. FALK CULINAIR USA may make changes or improvements at any time.
THE CONTENTS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FALK CULINAIR USA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FALK CULINAIR USA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FALK CULINAIR USA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE WEBSITE IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FALK CULINAIR USA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FALK CULINAIR USA ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY FALK CULINAIR USA, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.
5. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The Website may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. You agree that FALK CULINAIR USA shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Website.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Website, or based on such third party’s participation or presence on the Website, are solely between you and the third party. FALK CULINAIR USA makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
6. INDEMNITY
You agree to defend, indemnify, and hold FALK CULINAIR USA, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website or Contents, or your violation of these Terms. FALK CULINAIR USA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
7. MODIFICATION OR SUSPENSION OF THE WEBSITE
You agree that FALK CULINAIR USA may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Website, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
8. GENERAL
FALK CULINAIR USA makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of FALK CULINAIR USA and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
9. CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of Ohio, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
10. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with FALK CULINAIR USA and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@copperpans.com or
Falk Culinair USA
7829 Ponderosa Rd
Perrysburg OH 43551
USA
In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Ohio.
11. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the Website infringes your copyright, you should notify FALK CULINAIR USA of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to support@copperpans.com. You may also contact us by mail at:
Falk Culinair USA
7829 Ponderosa Rd
Perrysburg OH 43551
USA
In an effort to protect the rights of copyright owners, FALK CULINAIR USA maintains a policy for the termination, in appropriate circumstances, of users of the Website who are repeat infringers.
12. SEVERABILITY
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of FALK CULINAIR USA to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
13. COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of FALK CULINAIR USA on the Website, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and FALK CULINAIR USA with respect to the use of the Website and Contents.