The warranty covers defects in materials and workmanship in your Cook'n'Chic® products for the warranty period defined above. The product purchase must be registered at cooknchic.com within THIRTY (30) days after the purchase in order to be eligible for the warranty.
The warranty does not cover any damage due to (a) use of the product not for regular household purposes or other misuse; (b) abuse; (c) failure to follow product instructions; (d) normal wear and tear; (e) modifications; (f) loss or damage in transit; or (g) accidents or other actions beyond our reasonable control.
If the product purchase was registered at cooknchic.com and the product has a defect during the warranty period, and it was purchased from: (a) cooknchic.com or another another authorized reseller, Cook'n'Chic will, in its sole discretion, either refund or replace the product, (b) any other retailer, Cook'n'Chic will, in its sole discretion, either refund or replace the product.
If the product was purchased on cooknchic.com or another authorized reseller and it was registered at cooknchic.com within THIRTY (30) days after the purchase please contact the Cook'n'Chic customer service department at firstname.lastname@example.org and including "Warranty" in the subject line of your email and we will be happy to assist you.
Hassle-Free Warranty and Arbitration Agreement
Your Cook'n'Chic® products are warranted against defects in materials and workmanship for a period of ONE (1) YEAR from the date of original retail purchase ("Warranty Period"). This document can be found online at www.cooknchic.com. You should review this Hassle-Free Warranty and Arbitration Agreement carefully before purchasing any Cook'n'Chic Products.
We will replace items if they are defective within the one year warranty period. If you need to exchange it for the same item, send us an email at email@example.com and including “Warranty” in the subject line of your email and we will be happy to assist you. Customers are responsible for all shipping charges to and from Cook'n'Chic regarding to warranty issues. The product purchase must be registered within THIRTY (30) days after the purchase to be eligible for the warranty.
Evaluate your own claim. If you were Cook'n'Chic, would you warranty it? We highly recommend inspecting the product. Does the damage to your product appear to be due to manufacture defect? Was the damage caused by abuse, neglect or improper use?
If defects in materials and workmanship are found please send us an email at firstname.lastname@example.org and including “Warranty” in the subject line of your email and we will be happy to assist you. Please attach quality photos to your email showing your warranty claim. We recommend insuring your package if you need to send it in for inspection.
BY PURCHASING COOK'N'CHIC® PRODUCTS, YOU, AND COOK'N'CHIC 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 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 COOK'N'CHIC ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS, 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 14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. Cook'n'Chic will be responsible for the AAA filing fee of any such proceeding.
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 these Terms are 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.
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 may elect to pursue your claim in small claims court rather than arbitration, if you provide Cook'n'Chic with written notice of your intention to do so within 60 days of your purchase. The small claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COOK'N'CHIC 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.
TO THE EXTENT PERMITTED BY APPLICABLE LAW COOK'N'CHIC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR SERVICE OF THE PRODUCT. THE WARRANTY AND REMEDIES DESCRIBED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, EXPRESS, STATUTORY OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW COOK'N'CHIC DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF IMPLIED WARRANTIES CANNOT BE DISCLAIMED, THEN SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. Any recovery is limited to the original purchase price. No other person is authorized to modify this warranty, and your seller is solely responsible for any other warranties.
Last updated October 3, 2021