Terms and Conditions of Use

1. General.


Applica Consumer Products, Inc. and its affiliates ("Applica", "we" or "us") have created and maintain this website for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations.

These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Applica reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Applica may have.Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

Unless otherwise indicated, all material on this site © 2002 Applica Incorporated.

All rights reserved.


2. Securities and Investment; Forward-Looking Statements; Updates.


This website and the information contained or referred to herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein are subject to certain risks and uncertainties that could cause actual results to differ materially from those set forth in the forward-looking statements. These factors include the risks and uncertainties that are detailed from time to time in Applica's Securities and Exchange Commission filings.

Postings to this website are made at such times as Applica determines in its discretion. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. You should not assume that the information contained on the website has been updated or otherwise contains current information. Applica does not review past postings to determine whether they remain accurate, and information contained on this website may have been superseded.


Intellectual Property.


The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Applica, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Applica. Applica neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Applica.

Images of people or places displayed on the website are either the property of, or used with permission by, Applica.The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the website are registered and unregistered Trademarks of Applica and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Applica or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Applica will aggressively enforce its intellectual property rights to the fullest extent of the law.


4. Disclaimer.


Applica makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Applica's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD APPLICA HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." NEITHER APPLICA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, OR USE OF, THE WEBSITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF APPLICA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUTM LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. APPLICA DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.


5. Privacy of User Information.


Please see our Privacy Policy for information regarding the collection of personal information from this website.

Despite any representations concerning privacy, Applica reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.


6. Availability of Products and Services.


The information provided at this website is published throughout the world. Applica controls and manages this website from its facilities in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. Please contact your local sales representative for information as to products and services available in your country.


7. Links to Third Party Sites.


This website may contain links to third party sites. Such linked sites are not under the control of Applica, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user's own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by Applica of such third party sites or any goods or services offered by such third parties.


8. User Content.


Applica is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing except in compliance with the procedures outlined for idea submissions outlined elsewhere in this website (please see our Inventor’s Corner page). Please do not send us any original creative materials such as product ideas or suggestions except in compliance with such procedures. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to Applica or postings on interactive portions of this website, shall be deemed and shall remain the property of Applica. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Applica is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Applica from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Applica, you hereby grant Applica, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.


9. Interactive Areas and Code of Acceptable Conduct.


Applica does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:


  1. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
  2. You will not upload viruses or harmful components.
  3. You will not use the website to further any illegal purpose or to violate the rights of any party.
  4. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Applica will assist law-enforcement officials investigating illegal activity or violations of these terms of use.


10. Products, Services and Software.


A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Applica of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Applica or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.


11. Jurisdiction and Choice of Law.


These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without giving effect to any principles of conflicts of law. You and Applica irrevocably consent to the exclusive jurisdiction of the courts located in Florida in connection with any action arising out of or related to these terms of use or their subject matter. You and Applica waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.


12. Severability.


If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any.


Payment Methods


  • Visa
  • Mastercard
  • Discover Network
  • American Express
  • No Purchase Orders, Checks, Fax or C.O.D. orders please. Please accept our apologies but we do not accept international credit cards at this time.

Shipping Methods


  • FedEx 2Day - Delivery within 2 business days.
  • FedEx Standard Overnight - Delivery within 1 business day.
  • For Hawaii and Alaska customers, FedEx can only ship via 2Day Air, and the shipping time will not be guaranteed. Therefore, Georgeforemancooking.com will default to and charge for 2Day Air.
  • FedEx only offers 2Day service to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.
  • Georgeforemancooking.com does not process orders during weekends.
  • No deliveries will be made on Saturday or Sunday.
  • Georgeforemancooking.com does not guarantee same day shipping.
  • Georgeforemancooking.com does not offer International/Canadian shipping options at this time.
  • All orders shipped within Ohio will be charged state sales tax. Please note that the sales tax for New York and Texas orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.

Exact delivery times to Hawaii, Alaska and Puerto Rico cannot be guaranteed.


Promo Codes


Georgeforemancooking.com will sometimes furnish an alphanumeric code that can be used for promotions on our web site. These promotional codes may be found in email and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the Georgeforemancooking.com web site or circulated through social media sites and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, price discounts, free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.


Sales Tax


Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into Ohio, New York and Texas will be charged applicable sales tax according to your area's tax rate.


Money Back Guarantee/Refund Policy


All merchandise unless otherwise indicated may be returned within 30 days from the original invoice date for a refund. Customers must inform Georgeforemancooking.com of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.


Receiving a Refund


Returns must be authorized by contacting 1-800-231-9786 to obtain a Return Authorization Number. We'll process your refund after we receive and process your return.


For items directed to our Customer Care Center, expect your refund within 4 weeks of giving your package to the return shipper (though in many cases you'll receive the refund sooner).

This time period includes:


  • 5 to 10 business days for us to receive your return from the shipper
  • 3 to 5 business days for us to process your return
  • The time it takes your bank to process our refund request (see below for specific guidelines)

If the return and refund do not appear on your credit card statement within 4 weeks from the day you sent us your return, please contact us for help.


Processing Time


You can expect your order to be processed within approximately 24-48 hours, as long as the items are in stock and there are no issues with payment verification. Georgeforemancooking.com does not guarantee same day-shipping. Orders are not processed on weekends and holidays.


Order status


Georgeforemancooking.com will keep inform you of your order status via e-mail. All tracking information will be emailed to your Georgeforemancooking.com ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also obtain your order status and other live updates by logging in to your account on our website.


Privacy


Georgeforemancooking.com respects your privacy. We will not under any circumstances sell or provide your information to anyone except as outlined in our privacy policy. All of the information obtained from our web site will be utilized for processing purposes only. The only e-mails you will receive from Georgeforemancooking.com are updates to any recent orders and/or returns, unless you choose to receive brand and / or offer updates.


Exchanges


If you received a faulty item and need to exchange it for the same item, contact our Customer Service center at 800-231-9786. If you would like to exchange the item for a different one you will be refunded your original purchase price once we receive the item) and place another order for the item you wish to purchase. You do not have to wait for us to receive the original item before placing the new order.


Please note that it takes us 3 to 5 business days to process returns once you have notified customer service


Cancel orders


You may request than an order be cancelled provided the order has not already been processed and shipped. Simply call 800-231-9786 during Georgeforemancooking.com 's hours of operation to request an order cancellation (Monday – Friday, 8am – 5pm EDT). You will receive a credit for the full amount to your credit/debit card in approximately 2-4 business days. We strongly advise against sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.


Product listings


Georgeforemancooking.com strives for accuracy in all item descriptions, photographs, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other issues we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed will be entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Georgeforemancooking.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Georgeforemancooking.com are provided as resources to customers researching additional information and/or professional opinion. Georgeforemancooking.com does not assume responsibility for the claims and/or representations made on these or any other websites.


Purchase Agreement


By accepting delivery of any product delivered from Georgeforemancooking.com ("Georgeforemancooking.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Georgeforemancooking.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Georgeforemancooking.com . Any attempt to change, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to alteration at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Georgeforemancooking.com .


Product Return Procedure


  • To return a product in compliance with Georgeforemancooking.com 's satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please call 800-231-9786 to acquire an RMA number. Georgeforemancooking.com will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by Georgeforemancooking.com . RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
  • Customer is solely responsible for shipping any returned product to Georgeforemancooking.com . Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, Georgeforemancooking.com 's Return Procedure will be breached and Georgeforemancooking.com may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
  • Georgeforemancooking.com will not refund to Customer the original shipping charges. In addition, product exchanges will incur a $7 handling fee.

Limitation of Liability


IN ALL CIRCUMSTANCES GEORGEFOREMANCOOKING.COM 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. GEORGEFOREMANCOOKING.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. GEORGEFOREMANCOOKING.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT GEORGEFOREMANCOOKING.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.


General Terms and Conditions



Orders


An order is not binding upon Georgeforemancooking.com until payment is received. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with Georgeforemancooking.com.


Shipping Charges


Your total cost for purchase of any product will include shipping and handling charges shown on the Georgeforemancooking.com invoice.


Waiver


The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.


Entire Agreement


These terms and conditions, together with Georgeforemancooking.com 's invoice detailing the products ordered by Customer, are the complete and exclusive agreement between Georgeforemancooking.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Georgeforemancooking.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.