Standard Terms and Conditions of Sale
STANDARD TERMS AND CONDITIONS OF SALE
Mutual Trading Company
Kitchen Home Delivery Service
EFFECTIVE DATE: September 14, 2020
NOTICE: By placing Order (“Order”) for products with Mutual Trading Co., Inc’s Kitchen Home Delivery Service (“MTC”) after the Effective Date, you agree that all such Order are subject to the terms of this document.
Orders can be placed only by persons 18 years of age or older.
- Our acceptance of your Order is expressly limited to the terms and conditions stated herein, and no terms and conditions in your Order (other than a description of products purchased, prices, “deliver to” address and other terms directly related to your Order) apply unless specifically accepted by us in writing.
- With your Order, you shall provide your deliver to address, phone number and your payment information. Incorrect or insufficient information will result in a delay in processing and may impact the delivery date or in the rejection of your Order.
- You shall provide current, complete and accurate account information for all purchases you make. You shall 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.
- Our issuance of your Order confirmation does not signify our acceptance of your Order as we may, at any time prior to delivery, cancel your Order and/or to limit quantities, without giving any reason.
- You represent that the products you order are for your own personal use and shall not be sold to anyone or delivered to anyone for resale nor exported outside the United States.
- You shall pay the purchase price and applicable charges and sales taxes in full upon placing your Order.
- All payments due to MTC shall be paid in United States dollars. MTC currently accepts only payments made with the following major credit cards issued in the United States: Visa®, MasterCard®, Discover® and American Express®.
- After processing your Order and confirming payment, we will confirm your Order and notify you of our anticipated delivery schedule but cannot provide you with a guaranteed delivery time. If we anticipate a delay in the delivery of your Order, we shall advise you of the delay and the anticipated new delivery date and/or time by giving you notice and without liability to you for any change.
- Delivery shall be at the address you provided in your Order. Please be present to accept delivery. If you are not present, we will leave your Order at your address. If we cannot gain access to your address, we will leave your Order at the nearest access point as we determine. We will not make another delivery if you are not present. If you are not present, we will send you a picture of your order to show delivery.
- You may cancel your Order up to 1 business day before the scheduled delivery date by giving us written notice. Unfortunately, we cannot cancel your delivery if you do not give us timely notice of cancellation.
- We are responsible for loss of damage to your Order up until the time it is deposited at your doorstep. Once so delivered, title to and risk of loss and damage passes to you. For example, we are not responsible if your Order is stolen after we make delivery
- You shall inspect each delivery to assure yourself that it conforms to your Order as promptly as possible. Should no objection be received by us within 2 business days for food products and within 5 business days for non-food products, time being of the essence, you will be deemed to have irrevocably accepted the entire Order. Such inspection includes conforming that the products delivered and quantities match your Order and for the presence of any physical damage.
- If any item in your Order is missing or if you received an unordered or damaged item, please contact our customer service from contact form (in the message, please insert “Claim” for better processing) or call us at (213)-626-9458 (press 3 for Home Delivery Support) Monday through Friday, 8:00 am to 4:30 pm PST, no later than the deadlines described in paragraph 12.
- We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We may limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may also limit the quantities of any products that we offer and discontinue the sale of any product at any time. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change any part or cancel or all your Order, we will notify you by contacting the e-mail and/or billing address/phone number appearing on your Order. We may limit or reject Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- All descriptions of products and all product pricing are subject to change at any time without notice, at our sole discretion. However, once we accept your Order, the prices therein are firm.
- Any offer for any product is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other purchases or that your purchases will meet your expectations, except for claims covered by our warranty. We provide no warranty for products exported out of the United States.
- We may issue a refund or accept returns of items ordered. Please review our “Return and Refund Policy” on this website.
- MTC warrants the products to be free from defects for 30 days after delivery to you.
ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE ABOVE WARRANTY PERIOD.
NEITHER MTC NOR ITS AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, INCONVENIENCE OR DAMAGE, WHETHER SPECIAL, EXEMPLARY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER KNOWN OR SHOULD HAVE BEEN KNOWN TO MTC, INCLUDING DAMAGE TO OR REPLACEMENT OF OTHER EQUIPMENT AND PROPERTY AND PERSONAL INJURY RESULTING FROM ANY BREACH OF WARRANTY, THE INABILITY TO USE THE PRODUCTS OR UNDER ANY LEGAL THEORY IN CONTRACT OR TORT. THESE WARRANTIES AND REMEDIES ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES GIVEN BY MTC IN CONNECTION WITH THE SALE AND USE OF THE PRODUCTS. NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARE GIVEN.
This warranty does not apply if the products have been damaged or rendered defective as a result of any Act of God, accident, abuse, external causes or events, misuse, neglect, attaching accessories or other items not sold with the product, that are missing parts, are missing or have altered labels, are missing or have altered serial numbers, improper storage, has been exposed to water, to excessive temperature or humidity, or to extreme environmental or weather conditions.
Some states or jurisdictions do not allow limitations on how long an implied warranty or condition lasts or exclusions or limitations of consequential or incidental damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or jurisdiction to jurisdiction.
- MTC is not liable for any delay or failure to deliver the products where such delay or failure is caused by fire, flood, other act of God, act of war, labor disturbance or other event beyond its control. Performance shall resume as soon as reasonably possible. You may not cancel your Order due to such delay.
- MTC’s aggregate liability for all claims of any kind arising out of, in connection with or resulting from, the sale of products shall not exceed the purchase price for the affected products.
- If any of the terms of this Agreement is illegal or unenforceable, it will be severed without affecting the remaining terms.
- All notices to be exchanged between the Parties shall be in writing and shall be transmitted by electronic mail to each Party’s principal address.
- This Agreement and the relationship between the Parties are governed by and construed in accordance with the laws of California, applicable to contracts made and to be performed within said state, without the application of its "choice of laws" provisions. Venue of any action between the Parties shall be Los Angeles, CA. Service of process may be effected by personal service, service via electronic mail or service via registered or certified mail, RRR, on any Party.
- These Terms and Conditions and MTC Kitchen’s “Return and Refund Policy” and your Order contain the entire agreement of the Parties regarding the online purchase of products and supersede all prior agreements, understandings, and negotiations regarding the same. MTC may change these Terms and Conditions at any time and from time to time without specific notice to you. The most current version of this document is on our website and all Orders we confirm shall be subject to such document.
- All disputes that we cannot resolve by direct communications, will be resolved by binding arbitration administered by JAMS or other arbitration service to which we agree, under its applicable rules and policies in effect at the time the arbitration demand is made except as modified herein.
A single arbitrator shall be selected by both of us. If we cannot agree, JAMS will choose. If you fail to participate in the selection, we may choose.
The fees and costs of arbitration shall be paid equally by us. We will each pay for our own attorney’s and witnesses.
Neither of us will be entitled to recover attorney’s fees from the other notwithstanding any statutory prevailing Party’s attorney’s fee provision.
Arbitration shall take place in Los Angeles, CA.
Should either of us not participate in the arbitration or refuse to arbitrate the dispute, said person shall be estopped from asserting any claim that the award is invalid or that the Arbitrator had no power or jurisdiction to make the award or to otherwise in any way challenge the propriety or legality of the arbitration and award. Further, said non-participating Party shall have no standing to question the scope and validity of this Arbitration Section.
A judgment upon any award rendered by the arbitration may be entered in any court having jurisdiction.
- We each waive our respective right to trial by jury of any cause of action, claim, counter claim or cross complaint in any action, proceeding, and/or hearing brought by either of us against the other on any matter whatsoever arising out of, or in any way connected with this Agreement, the relationship of the Parties created by this Agreement.
- TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING.
- TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION. PAGA CLAIMS MAY ONLY BE LITIGATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
IMPORTANT DISCLAIMERS AND WARNINGS:
If you have any question or concern regarding the authenticity of the product you received, please contact our Customer Support. We may ask for written proof from the manufacturer or authorized distributor that the product is authentic.
All products pictures on our site are for reference only. Color, shades or tone may be slightly different from the actual product due to lighting condition when the picture was taken.
Food Allergy Disclaimer
We make every attempt to identify ingredients that may cause allergic reactions for those with food allergies. We label products with possible allergen-containing ingredients; however, there is always a risk of contamination. There is also a possibility that manufacturers of the commercial foods we procure could change the formulation at any time, without notice. Customers concerned with food allergies need to be aware of this risk. We do not assume any liability for adverse reactions from the food consumed, or products one may come in contact with whilst eating any of our foods.
WARNING: Certain foods and beverages sold or served here can expose you to chemicals including acrylamide in many fried or baked foods, and mercury in fish, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/restaurant
WARNING: California Proposition 65 Warning
Appliances, Chinaware, Glassware, Glass Bottles, and Others
The products may contain chemicals including BPA, lead, lead compound, and/or cadmium which are known to the state of California to cause cancer, birth defects, and other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
|Why am I being warned about potential exposure to chemicals in certain
foods and beverages sold or served by restaurants and other facilities?
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