Terms & Conditions

TERMS & CONDITIONS

This website is operated by The ARTisan Kitchen. As a reseller who will use this Website, users must agree to the Terms and Conditions that follow including other policies such as our Privacy Policy. If users do not agree to these Terms and Conditions, they are not allowed to use/access this Website and Services.

This site is for use by authorized resellers that are of legal age. By agreeing to these Terms and Conditions, users represent that they have the legal capacity to enter into and form contracts under any applicable law. If they are below 18 years old, the user must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and Conditions and their agreement to take responsibility for: (i) their actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) their acceptance and compliance with these Terms and conditions. If users do not have consent from their parent(s) or legal guardian(s), they must stop using/accessing this Website and using the Service.

These Terms and Conditions apply to all users of the site including without limitation users who are browsers, customers, resellers, and/or contributors of content. The ARTisan Kitchen reserves the right to update the Terms and Conditions, operating rules, policies, and instructions at any time without notice to resellers.

PURPOSE AND GENERAL USE OF THIS SITE

The Website is operated by The ARTisan Kitchen with data, services, and materials provided for informational purposes only about The ARTisan Kitchen and the products we offer. Such products are sold only in compliance with the laws of the jurisdictions in which they are sold. We reserve the right to modify the contents of the website at any time.

Users agree and undertake NOT to use the Website for illegal purposes; attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Website or its Services; post, promote, or transmit any prohibited materials through the Website; interfere with another’s utilization and enjoyment of the Website; use or upload, in any way, any software or material that contains, or which users may have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another Reseller’s computer or mobile device or the Website and use the Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet Standards and any other applicable laws.

The ARTisan Kitchen reserves the right, but shall not be obliged to monitor, screen or otherwise control any activity, content, or material on the Website and/or through the Services. The company may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate; prevent or restrict access of any Reseller to the Website;
report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or to request any information and data from users in connection with their use of the  Website and/or access of the Website at any time and to exercise our right under this paragraph if users refuse to divulge such information and/or data or if users provide or if we have reasonable grounds to suspect that users have provided inaccurate, misleading or fraudulent information and/or data.

 

In general terms of use, users agree to access and use the Website only for lawful purposes and in a lawful manner and ensure that any information or data users post or cause to appear on the Website in connection with the Services is accurate and agree to take sole responsibility for such information and data. The ARTisan Kitchen reserves the right to amend the List Prices at any time without giving any reason or prior notice.

 

ORDERING AT THIS SITE

Users agree to comply with any and all the guidelines, notices, operating rules, and policies, and instruction pertaining to the ordering of products through this Website as well as any amendments issued by The ARTisan Kitchen from time to time whether as part of use of the Website or in relation to the ordering of Products, on behalf of Seller).

The ARTisan Kitchen reserves the right to modify the specifications, price change, or discontinue the product or service (or any part or content thereof) without notice at any time, and shall not be liable to users or any third-party for any modification, price change, suspension or discontinuance of the product or service.

The ARTisan Kitchen reserves the right to modify the specifications of the product on the transaction of any Reseller by giving reasonable and timely notice at least 12 hours – 24 hours before delivery date. Should Reseller disagree with such changes, Reseller may cancel the transaction in writing within 1 day from the time the Reseller receives notice from The ARTisan Kitchen. Failure of Reseller to terminate or cancel within the said period shall be considered as acceptance of the modifications that will allow The ARTisan Kitchen to proceed with the delivery of the Product.

The Reseller understands and agrees that the ordering of the Product by choosing at the Shop Page, add the chosen item at the cart, and click “Check Out” once done. The orders will be approved by our Customer Relations Assistants or Sales Representatives and notify the customer in the manner or mode acceptable to The ARTisan Kitchen (Phone Call, Text Message, or E-mail).

Reseller shall be responsible on the accuracy of the Order. The Reseller must review the indicated specifications of the Product, which shall include information on the quantity, type of SKU, and delivery instructions, among others. In this regard, The ARTisan Kitchen shall provide a list of information that will be required from Customer to ensure that the specifications indicated on the Invoice are complete and accurate. All Orders will be deemed to be irrevocable and unconditional upon transmission through the Website shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to the Reseller.

The ARTisan Kitchen reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and users are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.

DELIVERY OF PRODUCTS

The Delivery of the Products will be made to the address that Resellers specify in their account or Order Shipping address. Shipping and Packing charges will be set out in the Order. Our Customer Sales Support will provide an update on the status of the delivery of the reseller’s order through call, text or e-mail. Reseller should acknowledge that their order will be delivered within 24 hours maximum and is subject to availability of the Products. But they also acknowledge that while stock information on the Website is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur.

If the Reseller fails to take delivery of the Products (otherwise than by reason of any cause beyond the Reseller’s reasonable control or by reason of The ARTisan Kitchen’s fault) , The ARTisan Kitchen would not be held liable for any loss, damage, or deterioration of the product/s.

PRICES

The price of the Products payable by a Reseller shall be the Reseller List Price at the time at which the Order placed by the Reseller through the Website.  The ARTisan Kitchen is determined to provide the most accurate pricing information on the website to its resellers. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, The ARTisan Kitchen reserves the right to refuse or cancel any order. In the event that an item is mispriced, The ARTisan Kitchen may, at its own discretion, either contact the Resellers for instructions or cancel their order and notify them of such cancellation. The ARTisan Kitchen shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged. All Reseller List Prices are subject to taxes, unless otherwise stated.

PAYMENT

Reseller must settle their payment using any of the payment methods prescribed by the Website from time to time. When they check out, actual payment will be only charged once they input their payment method. The payment methods may be subject to additional terms as prescribed by the Website from time to time.

REFUND

All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds may be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us.

The ARTisan Kitchen offers no guarantee of any nature for the timeliness of the refunds reaching the Reseller’s account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.

All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.

RETURN AND EXCHANGE POLICY

All returns must be done in accordance with the instructions set out in the Return Policy. Returns and exchanges of unused items shall be accepted within 7 days depending on the product, from the date of delivery of the Product. Reseller may return the Product due to the following conditions:

1. Received a faulty or damaged Product
2. Received a Product that is fundamentally different in nature from the Product specified on the Website.
3. Received a product that is not as advertised on the platform
4. Wrong Item delivered
5. Receive a product that missing parts or items.

Such products subject for return and exchange must be reported to our Customer Service within 48 hours upon receiving the product to manage the process of shipping back the product for return. The product may be subject for review of our Quality Assurance Department in two days, and the exchange will be delivered after the evaluation within 48 hours.

The risk of damage or loss of the Products shall pass to the Reseller at the time of delivery, or if the Reseller wrongfully fails to take delivery of the Products, the time when The ARTisan Kitchen has tendered delivery of the Products.

QUESTIONS AND COMPLAINTS

If you have any questions or complaints, please contact The ARTisan Kitchen Customer Service via live chat on the Website.

USE OF MATERIAL FROM THIS SITE

The Website and all its contents are owned, licensed, protected and controlled by The ARTisan Kitchen and our third-party service provides. We authorize users to browse through the Website and download or print copies of materials for their personal, non-public, non-commercial use only without removing the copyright or trademark that will appear on the material. Users agree to not reproduce, reverse engineer, decompiled, disassembled, alter, distribute, republish, display, broadcast, mirror, frame, transfer, transmit, sell any material and software on the site in any manner or medium without our prior written permission or that of the relevant copyright owners.

We respect the intellectual property rights of others, and we request that our resellers do the same. If users think that their work has been copied in a manner that constitutes copyright infringement, please notify us.

OUR LIMITATION OF RESPONSIBILITY AND LIABILITY

Users agree that neither The ARTisan Kitchen nor its subsidiaries or third-party service providers (including their respective directors, officers, employees and/or agents) shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from their use of or inability to use this site or any other site they access through a link from this site or from any actions we take or fail to take as a result of electronic mail messages or other online comments they send us. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of their transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

Users agree to be responsible for any and all liabilities, costs, and expenses (including attorneys’ fees) arising from any technical disruption of the site users caused or of the systems transmitting the site to the users or others.

Users agree to indemnify, defend and hold harmless The ARTisan Kitchen and its subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of their breach of these Terms and Conditions or any other terms incorporated herein by reference.

DISCLAIMERS

The Website and the Materials are provided on an “as is” and “as available” basis. All data, materials, and/or information contained in the Website are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction all the Website and its Materials. Without prejudice to the generality of the foregoing, we do not warrant the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Website and its materials. The Website or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected, free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and the security of any information transmitted by the users or to them through the Website or the Services, and users accept the risk that any information transmitted or received through the Services or the Website may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under the users’ authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

 

COLLECTION OF PERSONAL INFORMATION

The ARTisan Kitchen may collect and use Personal Information provided by users through directly or indirectly obtaining when you register as a user of The ARTisan Kitchen which includes your name, address, contact number, email address, and device information (collectively, “Registration Information”);  Bank Account numbers, billing and delivery information, billing address, transaction data, credit/debit card numbers, and expiration dates and other information from cheque or money orders (collectively, “Account Information”). The Registration Information, Account Information or other information may be accessed or collected automatically or manually during registration as a user and/or during the course of their use of the Website.

The above information obtained by us may constitute your Personal Data. We have taken steps to ensure that we do not collect more information (whether or not such information constitutes Personal Data) from users than is necessary for us to provide them with our services, to perform the functions set out in the Data Privacy Notice, to protect their account, comply with our legal obligations, protect our legal rights, and to operate our business.

 

USE OF PERSONAL INFORMATION SUBMITTED IN THE WEBSITE

 

Users are granting The ARTisan Kitchen a non-exclusive license to use the materials and information that they submit or provided on the Website including but not limited to questions, reviews, comments, and suggestions. When users post comments and reviews on the Website, they grant us the right to use the name that they submit or their Username in connection with such reviews, comment, or other content. Users shall not use a false e-mail address, pretend to be someone other than themselves or otherwise mislead us or third parties as to the origin of the reviews, comments, and other content submitted. We may, but shall not be obligated to, publish, remove or edit all their reviews, comments, and other content submitted.

Users are giving their full, free, unequivocal consent and authority to The ARTisan Kitchen to collect, process and use any information they provided including their Personal Data for the purpose of sending informational and promotional e-mails and any other communications, notices, updates and other information to the users.

The ARTisan Kitchen may use their personal information that we obtain about them for the following other purposes:

1. To verify their identity during registration as user of The ARTisan Kitchen.
2. To verify their eligibility to register as a user or to use any of the features and functions of The ARTisan Kitchen.
3. To process their registration as a user, to allow to log-in using The ARTisan Kitchen Username or Log-In ID, and maintain and managing your registration.
4. To provide The ARTisan Kitchen and related customer services including the settlement of purchase price of goods, shipping, and related services for purchases, charge-backs, sending notices about user transactions, and responding to their queries, feedback, claims or disputes.
5. To manage risk, perform creditworthiness and solvency checks, or assess, detect, investigate, prevent and/or remediate fraud or other potentially prohibited or illegal activities and otherwise protecting the integrity of our payment platform.
6. To detect, investigate, prevent or remediate violations of the Terms and Conditions, any applicable internal policies, relevant industry standards, guidelines, laws or regulations.
7. To make disclosures as may be required by any law or regulation of any country applicable to us or our affiliate, government official or other third party, including any card association or other payment network. Disclosures may also be made pursuant to any subpoena, court order, regulatory requests or other legal process or requirement in any country applicable to us or our affiliate.
8. To make any disclosure to prevent any harm or financial loss, to report any suspected illegal activity or to deal with any claim or potential claim brought against us or our affiliates.
9. To enable any due diligence and other appraisals or evaluations for actual or proposed merger, acquisition, financing transactions or joint ventures.
10. For any other legitimate business purposes, such as protecting users of The ARTisan Kitchen from losses, protecting lives, maintaining the security of our systems and products, and protecting any of our other rights and/or properties.
11. To disclose certain information in connection with any audit or investigation. Users should understand that we are not required to contest any demand made by any government authority for such information.
12. May disclose to the following The ARTisan Kitchen related companies and third-parties which may include:
    1. The ARTisan Kitchen wholly or partly owned companies.
    2. The ARTisan Kitchen and other members of the Torres Group of Companies.
    3. Any agent, contractor or third-party service provider that we work with in providing you with our services, including for fraud prevention, bill collection, data entry, database management, promotions, marketing, customer service, technology services, products and services alerts and payment extension services.
    4. Entities with whom The ARTisan Kitchen maintain business referral or other commercial arrangements including third-parties and entities belonging to The ARTisan Kitchen Group.
    5. Professional advisers, law enforcement agencies, insurers, government and regulatory authorities or any other organizations to which Xendit is under an obligation to make disclosures under the requirements of any applicable law, regulation, or commercial arrangement, including arrangements with any card association or payment network.
    6. Entities involved in any merger, acquisition, financing transaction or joint venture with us.

The ARTisan Kitchen may also use users’ Personal Data in other ways for which we provide specific notice at the time of collection or for which they have subsequently consented.

Users acknowledge that they have read and agree to the Privacy Policy set and consent us to collect, use, and disclose their Personal Data for the purposes set in the Privacy Policy.

 

 

 

SECURITY MEASURES AND RETENTION

The ARTisan Kitchen take all reasonable steps, including technical, administrative, and physical safeguards, to protect users’ Personal Data that we process from loss, misuse and unauthorized access, disclosure, alteration and destruction. We will retain and procure our service providers to retain users’ Personal Data only for so long as is necessary for the purposes set out in this notice and in accordance with all applicable laws and regulatory requirements. We recommend that users do not divulge their password to anyone. Our personnel will never ask them for their password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, users should not save their log-in information (e.g., user ID and password) on that shared computer.

If any users wish to contact us, including if their wish to exercise any rights they may have under applicable law (such as exercising any right to opt-out of data processing), please do so by contacting our customer service. We may charge a reasonable fee for processing any of requests if permitted by applicable law.

TERMINATION

In our sole and absolute discretion, we may terminate the use of the Website and/or disable a user’s Username and Password with immediate effect. We may prohibit their access to the Website for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that the user have violated or acted inconsistently any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Website.

ENTIRE AGREEMENT

Users agree that these Terms and Conditions, the Privacy Policy, and Return and Exchange Policy, which are incorporated by reference, constitute the entire agreement between you and The ARTisan Kitchen with respect to the Website, the customer’s orders, and their relationship with The ARTisan Kitchen and that any prior or contemporaneous communications, understandings, agreements, or representations with respect to the site are specifically superseded by these Terms and Conditions.

CONTACT:

Questions about the Terms and Conditions or notice pursuant to the same should be sent to us at:

Torres Trading Co., Inc.

YTMI Realty Special Economic Zone, Brgy. Makiling, Calamba Laguna.

+63 927 8448 / +63 922 0006