Krups WEBSITE and ACCESSORIES SHOP
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING A PURCHASE OR USING OUR SERVICES. By using or accessing this Website, you acknowledge and consent to the Terms and Conditions herein. Should you not agree to the stated Terms and Conditions, please discontinue use of this Website immediately.
THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR YOUR PURCHASE OR OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.
The Terms and Conditions of Sale contained within these Terms and Conditions are made between SEB International Service SAS, a French corporation («SIS»), and persons purchasing products from the www.krupsusa.com website (the «Site» or «Website»). Only individuals not engaged in retail or trade of manufactured products are authorized to purchase products from the Site. You represent that you are duly qualified resident of the United States and not engaged in retail or trade of manufactured products. We reserve the right to limit quantities and refuse to sell to any person whom we believe may be purchasing for resale.
All sales of products from the Site will be governed by these Terms and Conditions to the exclusion of all other conditions.
The products sold on this shopping site are sold pursuant to a limited warranty, which may be accessed at the following link: warranty.
In checking the «I agree to the Terms and Conditions» box, you agree to be bound by these Terms and Conditions of Sale. If you do not agree to these Terms and Conditions of Sale, you will be unable to confirm your order.
These terms and conditions also apply to your use of this Website, which provides general information about Krups USA and information about its products and services. This Website is provided by Krups USA. Krups USA makes reasonable efforts to include up-to-date and accurate information on this Website. Krups USA specifically reserves the right to delete, modify, or supplement the content on this Website for any reason or at any time without prior notification to you. Additionally, Krups USA may terminate your use of the Website, bar you from future use of the Website and/or take any appropriate legal action against you for any violation of these Terms and Conditions.
You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the pages of this Website or the content contained thereon or to access or capture data for any other unauthorized purpose. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.
1. Ordering :
Orders can only be registered on the Site if you are clearly identified by entering a specific user name and password. Any order placed via a user name and password will be treated as having been validly issued.
In all cases, filling in online credit card number and final validation of the order shall be evidence of a valid electronic signature for all of such order and will obligate you to pay for amounts incurred by the supply of the items on the order form.
All features, content, specifications, products and prices of products described or depicted on the Site are subject to change at any time without notice. Certain measures and similar descriptions are approximate and are provided for convenience purposes only. Products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may have changes in information about price and availability without notice. In the event of a pricing error on the Site, we reserve the right to cancel any orders resulting from such pricing errors. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. However, any payment made on grounds of error should be subject to prompt refund by SIS.
We also may require verification of information prior to the acceptance and/or shipment of any order.
All prices are in United States dollars and exclude all applicable taxes including value added or sales taxes. SIS is a French based company, and no French value added tax is payable so long as you as customer are resident in the United States.
These prices do not however include the cost of carriage. Prices are those applicable at the time you place the order within the limit of available inventory.
Subject to these terms and conditions, prices are firm at the time the Customer places the order within the limit of available stocks.
If at any stage a tax, including environmental tax, had to be created or modified upwards or downwards, this change will be reflected in the selling price of the items on the site and SIS sales documents.
Only one coupon code can be included per order. Coupons and other offers are not cumulative.
Should customs duties be collected for the parcel to enter the United States, SIS will pay them directly to US customs authorities, and will not re-invoice you. Furthermore, any necessary customs clearance process will be carried out by SIS.
SIS undertakes to deliver any order received on its web site solely subject to the availability of the products. Unless otherwise expressly permitted by SIS, the maximum purchase quantity per product is 5 units. If a product is not available, SIS undertakes to inform the Customer of such unavailability.
When an order is placed, it will be shipped to the address designated by you as long as that shipping address is in the United States (including Alaska and Hawaii) and is compliant with the shipping restrictions contained on the Site.
All purchases from the Site are made pursuant to a shipment contract. As a result, risk or loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with the carrier for damaged and/or lost shipments. We will not deliver products to any address outside the United States.
The average delivery time for parcels is 5 business days as from the date of shipment. Shipment times and costs will be provided at the time of checkout.
In all instances, it is essential that you check the condition of the parcel as well as its contents. If the condition and/or contents of the parcel are defective, the Customer should refuse the delivery and make the following statement on the receipt “Rejected for bad condition”, sign it and add the date of receipt of the parcel. At the same time, the Customer Relations department should be contacted by telephone on the following number:
• United States Customer Relations : 800-526-5377
Phones lines open 8:00 am – 6:00 pm Eastern Monday to Friday, excluding holidays
If your goods are found to be defective after the delivery date, you must notify Customer Relations within 30 days of receipt (as noted above)
Information on how to return the product in accordance with the conditions is set out in article 4 below.
A new parcel will be delivered within a maximum period of 7 working days from the date on which the Customer rejected the first delivery.
3 The terms of payment:
Purchases must be paid for on-line in accordance with the options for payment specified in the order form.
4.1. Limited Warranty
The invoice comes with the delivery of the products. It is also used as the manufacturer’s limited warranty certificate and must be kept.
Moreover, in case of non-compliance, defective article (Article damaged, deteriorated), you have a period of 30 days from the date of receipt or withdrawal of the order to request an exchange. For this, you must contact Customer Relations at:
• United States Customer Relations : 800-526-5377
Phones lines open 8:00 am – 6:00 pm Eastern Monday to Friday, excluding holidays
who will indicate the terms of return of the product. Products must be returned in their original packaging, complete (accessories, manuals, etc.). SIS will process returns within 10 days after its acceptance of your return of the article.
However, returned items incomplete, damaged or used will not be refunded or exchanged.
4.2. In case of withdrawal
4.2.1. Accessories and Consumables * excluding food and cosmetic ingredients (ingredients with BBD used in making “recipes”):
You may exercise your right of withdrawal, meaning that you can give up purchasing a product on our website without giving any reason. If you wish to withdraw a product ordered on our website, your request must be made in writing (mail or email) within 14 days from your receipt of the instruction from Customer Relations. Your notice must include the following information:
- Contact details: Ms / Mr name, address, telephone number, and email address
- For the Attention of:
o For United States : Groupe SEB USA, Consumer call center, 2121 Eden Road Milville, NJ 08332
I hereby notify you of my withdrawal for:
• Product ........
• ordered on ......
• under the order number .........
• received on .......... (proof of date of receipt must be included).
o After receiving the instructions from Customer Relations, the product must be shipped to us (at your expense) to our warehouse at the following address Groupe SEB USA – Return service Krups Accessories – 2121 Eden Road Milville, NJ 08332
Upon receiving the product, we will refund the payments already received. However, returned items incomplete, damaged or used will not be accepted.
4.3. other reasons
In all instances, no return will be accepted by SIS unless prior formal consent was given by Customer Relations before, calling at :
• United States Customer Relations : 800-526-5377
Phones lines open 8:00am – 6:00pm Eastern Monday to Friday, excluding holidays
If you do not follow the process set forth in this Section 4, no item returned will be exchanged or refunded.
The electronic records retained in the information systems of SIS and its partners in reasonably secure conditions will be deemed as proof of the communications, orders and payments between the parties, without prejudice to the possibility for the Customer to bring proof to the contrary by any legally recognized means.
6 Revisions to Terms and Conditions of Sale and Severability :
SIS may revise these Terms and Conditions of Sale at any time and from time to time by updating these Terms and Conditions of Sale. You should visit this page each time you purchase a product to review the then current Terms and Conditions of Sale because they are binding on you. Certain provisions of these Terms and Conditions of Sale may be superseded by expressly designated legal notices or terms located on particular pages at the Site. Your purchase of products from the Site after any modifications indicates your acceptance of the modified Terms and Conditions of Sale. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
7 Trademarks/Copyrights/Duplication :
All trademarks found on this site are either registered or unregistered trademarks of Krups USA or used with permission. Nothing contained in this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed, without written permission by owner of the mark.
All binary files, graphics, logos, images, sounds and text published on this Website are the sole and exclusive property of Krups USA or used with permission. The material on this site is designed for your noncommercial personal use and you may download one (1) copy of each page from the Website only for your own personal use provided that (a) a notice is affixed to any copies so printed or distributed, that the information contained therein indicates that the page or pages were copied from this Website; (b) an appropriate copyright notice, namely, “© Copyright 2016 Krups USA. All Rights Reserved” appears on all copies; (c) the use of the information is for non-commercial personal or third party usage only; (d) the information is not altered in any manner; and (e) any graphics and/or images from this Website are not used separately from the accompanying text. In consideration of this authorization, you agree that any copy of any page from this Website shall retain all headers and footers and include any copyright, trademark or other proprietary notices contained thereon. You are otherwise prohibited from duplicating, copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from this Website. Any use of any information contained on this Website publicly or for advertising by entities other than Krups USA is strictly prohibited and nothing contained herein shall be construed as conferring any license or right to use any intellectual property owned or licensed by Krups USA.
8 Digital Millennium Copyright Act:
In the event that you wish to assert a claim based upon copyright infringement for graphics, images and text which are believed to be illegally residing on this Website, you should promptly send correspondence to Krups USA pursuant the Digital Millennium Copyright Act to Customer Service or a written communication to:
Krups Consumer Service/Attn. Webmaster – DMCA
2199 Eden Road
Millville, NJ 08332
Claims must include the following information:
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Website are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Krups USA to locate the allegedly infringing material;
• Information reasonably sufficient to permit Krups USA to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9 Linking :
10 Website disclaimer :
THIS WEBSITE, ALL INFORMATION SET FORTH ON THIS WEBSITE AND THE SERVICES PROVIDED THEREIN ARE OFFERED OR PROVIDED “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DOES NOT AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO REPRESENTATION IS BEING MADE AS TO THE TIMELINESS OF THE INFORMATION CONTAINED ON THIS WEBSITE OR ACCURACY THEREOF, NOR THAT WILL THE USE OF THIS WEBSITE BE ERROR FREE. KRUPS USA SHALL NOT BE LIABLE FOR DAMAGES OR INJURY RESULTING FROM ACCESS TO, OR INABILITY TO ACCESS, THIS WEBSITE, OR FROM ANY RELIANCE ON ANY INFORMATION PROVIDED AT THIS WEBSITE.
11 Limitation on Liability :
IN NO EVENT SHALL KRUPS USA BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEM) ARISING OUT OF OR RELATED TO ANY INFORMATION CONTAINED IN THIS WEBSITE, INCLUDING ANY LINKS, EVEN IF KRUPS USA HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12 Choice of Law, Jurisdiction :
These Terms and Conditions of Sale supersede any other agreement between (i) you and (ii) SIS and/or Krups to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions of Sale will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. The parties hereby expressly exclude the application of the Convention on the International Sale of Goods.
13 Arbitration Agreement and Class Action Waiver:
a. Mandatory Binding Arbitration.
The parties to these terms and conditions agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase, our service, the Site or these terms and conditions. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in for the State of New York, and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these terms and conditions (despite any other choice of law provision).
Arbitration under these terms and conditions shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address:
Buchanan Ingersoll & Rooney PC
One Oxford Centre
301 Grant Street, 20th Floor
Pittsburgh, PA 15219-1410
Att: Wendelynne Newton
b. Class Action Waiver.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
c. Waiver of Rights, Including to Trial by Jury.
By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
14 Personal data:
15 No Confidential Relationship :
In no event will a confidential relationship be established should you or any other user of this Website should make any oral, written, or electronic response to Krups USA or SIS (e.g. feedback, questions, comments, suggestions, ideas, etc.). Such responses and any information submitted shall be considered non-confidential, nonproprietary and you hereby assign any rights in the same to Krups USA. Krups USA shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including, without limitation, developing, manufacturing and/or marketing of any goods or services. By transmitting or otherwise submitting any such information to this Website and only to the extent that you retain any rights therein by law, you hereby grant to Krups USA, the unlimited, perpetual, worldwide right to use, distribute, publish, modify and create derivative works from such responses and any ideas contained therein for any purpose and in any media without compensation relinquishing and waiving all “moral rights” therein.
When you submit any personal information to Krups USA, you are responsible for its content, including the truthfulness and accuracy thereof.
16 Severability :
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.
17 Assistance and Contact Information :
If you do not understand any of the foregoing Terms and Conditions of Sale or if you have any questions or comments, we invite you to call our customer service department at 1-877-769-3683.
Questions about these terms and conditions may also be directed to Customer Service or a written communication to:
Krups Consumer Service/Attn. Webmaster
2199 Eden Road
Millville, NJ 08332
This Website and the contents thereof including, without limitation, all text, graphics, logos and images are “©Copyright 2016 Krups USA. All Rights Reserved.”