Terms & Conditions

THIS TERMS AND CONDITIONS APPLIES TO WHARPH FULFILLMENT BY AMAZON (FBA) E-COMMERCE STORE (https://wharph.com/) AND ALL RELATED SITES, APPLICATIONS, SERVICES AND TOOLS REGARDLESS OF HOW YOU ACCESS OR USE ANY OF THEM.

WHARPH RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY FURTHER OR CONTINUING ACCESS TO OUR SITE TO ANY VISITOR, INCLUDING, WITHOUT LIMITATION, ANY USER THAT HAS VIOLATED ANY ASPECT OF THE TERMS AND CONDITIONS.

All reference to the ‘Wharph’ refers to Wharph, We, Us, Our. Users of Wharph are bound, as a condition of continuous use of the Websites, to comply with the rules set out below.

 

INTRODUCTION

 

We are a platform that offer the sales, of Kitchen wares through Amazon. This Agreement contains the complete terms and conditions that apply to Products purchases made by you, and all other activities you will make on our Website and on Amazon. When you try to make a purchase on our Website, you’ll be redirected to Amazon to complete your purchases. By using or shopping through our Websites, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end.

 

USE OF THE SITE & PROHIBITIONS

 

The Site allows you to shop for Kitchen wares Products of your choice as may be made available to you on our Websites. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.

 

PRICE CHANGES & PRODUCT AVAILABILITY

 

Prices and availability are subject to change. Occasionally, prices of certain items in our catalog may change before we have a chance to update them online. If your order is affected by one of these changes, we will contact you to confirm an updated price before shipping. We apologize in advance for any inconvenience this may cause. Please contact customer service if you have any specific questions.

 

MODIFICATIONS

 

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED USE OF THIS WEBSITES, VISIT AND SHOPPING ON OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

 

      WEBSITES ACCESS AND USE

Access to the Websites including, without limitation, the Websites Content is provided for your information and personal, non-commercial use only. When using the Websites, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Websites Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Websites Content or both. In such a case, you may download or print (as applicable) one copy of Websites Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Websites Content.

 

Furthermore, except as expressly permitted in these Terms and Conditions, you may not:

§  remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Websites or Websites Content;

§  circumvent, disable or otherwise interfere with security-related features of the Websites including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Websites or Websites Content;

§  use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Websites or Websites Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators’ permission to use automatic devices (such as robots or spiders) to copy Websites Content from the Websites for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Websites Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;

§  transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

§  forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

§  collect or harvest any personally identifiable information from the Websites including, without limitation, user names, passwords, email addresses;

§  solicit other users to join or become members of any commercial online service or other organization without our prior written approval;

§  attempt to or interfere with the proper working of the Websites or impair, overburden, or disable the same;

§  decompile, reverse engineer, or disassemble any portion of any the Websites;

§  use network-monitoring software to determine architecture of or extract usage data from the Websites;

§  encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Account (as "Account" is defined below without permission, etc.);

§  affect us adversely or reflect negatively on us, the Websites, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Websites, or from advertising, linking or becoming a supplier to us in connection with the Websites;

§  engage in any conduct that restricts or inhibits any other user from using or enjoying the Websites.

Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms and Conditions.

 

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of Wharph are proprietary to Wharph and may not be used by you for any reasons other than as expressly permitted by these terms. All Websites content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Wharph. You have the right to view, electronically copy, and print in hard copy portions of the Websites for the sole purpose of making purchases, or other personal use.

Any other use of materials on the Websites, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Wharph, is strictly prohibited.

You acknowledge that Wharph and/or third-party content providers remain the owners of all Websites materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. Wharph may discontinue or remove the Websites, or any portion thereof, or discontinue your right to use the Websites, or any portion thereof, at any time.

As between you and Wharph, you own all content that you submit to Wharph. You grant Wharph and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of Wharph’s services permission to view your content for their personal, non-commercial purposes.

 

PURCHASES

You will be redirected to Amazon.com website/s to complete your purchase. Upon receiving your order, your order will be processed and delivered to you on the date provided to you through amazon.

All orders are completed and shipped by Amazon. You understand it is your responsibility to read Amazon’s Terms, Privacy Policy, Shipping and Return Policy. Should you encounter any issue regarding your order, please contact us through our website as soon as possible.

We attempt to ensure that information on the Websites is complete, accurate and current. Despite our efforts, the information on the Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Websites. For example, products included on the Websites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Websites. In addition, we may make changes in information about price and availability without notice.

 

WEBSITES CONTENT & THIRD-PARTY LINKS

We provide the Websites including, without limitation, Websites Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Websites Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Websites Content.

In many instances, Websites Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Websites by anyone other than authorized employees or spokespersons while acting in their official capacities.

The Websites may contain links to other Website maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Website. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Website or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Websites.

 

INDEMNIFICATION

You agree to indemnify and hold harmless the https://wharph.com/, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Websites; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms and Conditions; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE WHARPH WEBSTORE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES OR THESE TERMS AND CONDITIONS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES INCLUDING, WITHOUT LIMITATION, THE WEBSITES CONTENT IS TO STOP USING THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITES OR ANY LINKS ON THE WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITES OR ANY LINKS ON THE WEBSITES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE WEBSITES, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FOR ANY PURCHASE YOU MAKE.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

 

TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Websites for any reason including, without limitation if you have failed to comply with these Terms and Conditions. You agree that the Websites, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Websites.

 

CHOICE OF LAW; JURISDICTION AND VENUE

These Terms and Conditions shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any legal proceedings against the Websites, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may arise out of, relate to, or be in any way connected with our Websites or these Terms and Conditions shall be brought exclusively in a state or federal court in the State of California, you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

These Terms and Conditions (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms and Conditions or any rights hereunder without your consent and without notice.

Should you have any question, concern, complaint or enquiry regarding an order or your use of our Website, please feel free to contact us at: contact@wharph.com

      Last updated on 5/1/2019

 

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