TERMS AND CONDITIONS FOR USE OF KERN’S KITCHEN WEBSITE
AND THE PURCHASE OF OUR PRODUCTS
Introduction
This website is operated by Derby-Pie Company, Inc. d/b/a Kern’s Kitchen. Throughout the website, the terms “we”, “us” and “our” refer to Kern’s Kitchen.
Kern’s Kitchen offers this website, including all information, products and services available from this website (collectively referred to as “Products”) to you, the user or customer, conditioned upon your acceptance of all terms, conditions, policies and notices (collectively referred to as “Terms and Conditions”) set forth herein.
By visiting this website or requesting our Products, you agree to be bound by these Terms and Conditions and the additional terms, requirements, conditions and policies which are referenced in these Terms and Conditions, including those connected to this website by hyperlink. These Terms and Conditions apply to all users of this website, including users who are casual browsers, customers of Kern’s Kitchen, or contributors of content to this website.
If you do not intend to agree to these Terms and Conditions, then you must leave this website and may not use any of the services or purchase any of the Products available on the website. If you access or use the website or purchase Products, you have agreed to both these Terms and Conditions and that your purchase of our Products is governed by these Terms and Conditions.
Any new features, tools, or Products which are added to the website shall also be subject to these Terms and Conditions. You can review the most current version of these Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to this website. It is your responsibility to check this website periodically for any changes. Your continued use of or access to this website or the purchase of our Products following the posting of any changes constitutes your acceptance of those changes.
Our online store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our Products to you.
Basic Online Store Terms
By utilizing this website, you represent to us that you are at least the age of majority in the state, province or other jurisdiction in which you reside and you have given us your consent to allow any of your minor dependents to use this website and to purchase Products.
You further agree that you will not use this website or any of our Products for any illegal or unauthorized purpose nor to violate any of the laws of your jurisdiction (including but not limited to copyright and trademark laws). You also agree that you will not transmit any worms or viruses or any code of a destructive nature to this website or in connection with your use of this website.
Any breach or violation of any of these Terms and Conditions may result in an immediate termination of your use of any of the services that are available on this website, in addition to such legal action as Kern’s Kitchen deems appropriate. We reserve the right to refuse service to anyone for any reason at any time.
You understand that any information you provide through this website (not including credit card information), may be transferred in unencrypted form and involve transmission over various networks which we do not control and may be changed to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted by Shopify during transfer over networks.
By accessing this website, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this website or our Products without express written permission from us.
We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We have no obligation to update any information on this website. It is your responsibility to monitor changes to this website.
Modifications and Changes to Products and Pricing
The prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue any Products we offer, without notice, and we are not liable to you or to any other person for any modification, price change, suspension or discontinuance of any Products we sell on this website. We attempt to display accurate images of our Products. However, we cannot guarantee that your device’s display of any color or image will be accurate.
Availability
Certain Products may be available exclusively online through the website. Products may have limited quantities and are subject to return or exchange only as set forth in our Return Policy. We reserve the right, but are not obligated, to limit the sale of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer for sale. All descriptions of our Products and the pricing of our Products are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for the sale of any Product on this website is void where prohibited by law.
Accuracy of Customer Information
You agree to provide current, complete and accurate identity, purchase and account information for all purchases made through this website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. By using this website, you agree to indemnify and reimburse us for all expenses or damages we may incur, including attorneys’ fees and expenses, as a result of your failure to provide us with complete and accurate information.
Third-Party Goods and Services
This website may provide you with access or links to third-party websites and third-party goods and services (“Third-Party Materials”). We may or may not monitor the character or quality of Third-Party Materials. You acknowledge and agree that we provide access to Third-Party Materials only as a courtesy and without any warranties or representations of any kind with respect to their character, quality, fitness, content, or any other matter. We have no liability whatsoever arising from or relating to your use or purchase of Third-Party Materials. Complaints, concerns, or questions regarding Third-Party Materials should be directed to the third-party that is involved.
User Comments, Feedback and other Submissions
If you send certain specific submissions that we invite (for example images or contest entries), or send creative ideas, suggestions, proposals, plans, or other materials, regardless of the form, on your own initiative (collectively referred to as “Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use the Content in any medium or manner that we desire. We are and shall be under no obligation to (i) maintain the confidentiality of any Content; (ii) compensation you or anyone else for any Content; (iii) respond to any Content; or (iv) take any action in response to any Content. We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or which we find to be otherwise objectionable.
By submitting Content you are representing and warranting to us that no portion of the Content violates any rights of any other person, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that any Content you submit is under no restriction and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website or any related website or system. You agree that you will not use a false e‑mail or other address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Content. You are solely responsible for any Content you provide and its accuracy. We take no responsibility and assume no liability for any Content provided by you or any third-party.
You agree that if you submit Content that violates any of the rules in these Terms and Conditions or any applicable law you will indemnify and hold us harmless from any and all claims, damages, liability, costs, losses, expenses and other harm we suffer as a result, including attorneys’ fees and expenses.
Personal Information
Your submission of personal information through this website or our online store is governed by our Privacy Policy. It may be viewed through this link: Privacy Policy.
Prohibited Uses
In addition to any other prohibitions or requirements set forth in these Terms and Conditions, you are prohibited from using this website, its content, or any of our Products: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious computer code that will or may be used in any way that will affect the functionality or operation of this website, any related website, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of this website, any related website, or the Internet. We reserve the right to terminate your use of the website or any related website or services for violating any of these requirements.
Disclaimer of Warranties and Limitations on Liability
We do not guarantee, represent or warrant that your use of this website or any other service we offer will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of this website or any other service we offer service will be accurate or reliable.
You expressly agree that your use of, or inability to use, this website and any other service we offer is at your sole risk. This website and all Products and services delivered to you through the website are, except as expressly stated by us, provided in an 'as is' and 'as available' basis without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kerns Kitchen, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for incidental or consequential damages of any kind including, but not limited to, any personal injury, loss or claim, and including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this website or any Products or services procured through this website, or for any other claim related in any way to this website or any Product.
The sole warranty we provide is to the original purchaser of our Products that we will refund the purchase price of, or at our discretion replace, any Product which is determined to be defective, and only then in compliance with the requirements of our Return Policy, which may be viewed at: Shipping Policy
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for certain types of damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
General Terms
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from the remaining Terms and Conditions, and such determination shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions and any policies or rules posted or linked by us on this website constitute the entire agreement and understanding between you and us, govern your use of this website and your purchase of our Products, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Without limiting any other provision of these Terms and Conditions, you agree to indemnify, defend and hold harmless Kern’s Kitchen and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any and all claims, demands, losses, damages, expenses, liabilities and costs, including reasonable attorneys’ fees related to any claim made by any third-party due to or arising in connection with any breach by you of these Terms and Conditions, including any matters which are incorporated herein by reference, or which arise in connection with your violation of any law or any rights of a third-party. The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that instance or in any other instance.
Kern’s Kitchen is a Kentucky business and this website and the Products we sell are operated and sold from Kentucky. All matters relating to his website and the sale of our Products, including all of your and our rights and obligations, shall be governed by the laws of the Commonwealth of Kentucky unless otherwise superseded by the laws of United States. The users of this website and the purchasers of our Products agree that in the event of any legal dispute relating to this website or our Products, the sole and exclusive venue for any such legal action shall be Jefferson County, Kentucky and you agreed to subject yourself to the jurisdiction of those courts.
Contact Us
If you have any questions about these Terms and Conditions, our Products, or any related matter, please contact us at: feedback@derbypie.com
We Ship Our Products Using 100% Recyclable Materials
