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Terms of Sales

Welcome to the online store (the “Store”) provided by www.hestancue.com (“Seller”). Your purchase of Hestan Smart Cooking Inc, products (“Products”) from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale, which includes any additional terms we provide (including, without limitation, the Terms of Use, the Privacy Policy, the Warranty Policy, and the Return Policy), collectively “Terms & Conditions.”

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR OUR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE OUR PRODUCTS.

IMPORTANT DISCLOSURE FOR NEW JERSEY RESIDENTS. Pursuant to the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., certain businesses are not permitted to offer or enter into written consumer contracts with consumers or prospective consumers which include any provision that violates any clearly established legal right of a consumer, or responsibility of the business, as established by State or Federal law. These Terms & Conditions of Sale are intended to comply with the TCCWNA. In the event of a conflict between these Terms & Conditions of Sale and the TCCWNA, the provisions of the TCCWNA take precedence and will control. The TCCWNA also requires businesses to specify which provisions are void, unenforceable, or inapplicable in the State of New Jersey. THE FOLLOWING PROVISIONS OF THE TERMS & CONDITIONS OF SALE ARE NOT APPLICABLE TO NEW JERSEY RESIDENTS: Limitation of Liability and Limitation of Damages; Indemnification; Jurisdiction; and Miscellaneous.

We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from Seller, the Terms & Conditions in force at that time will apply between you and Seller. If you have any questions regarding these Terms & Conditions, you can contact Seller.

Compatibility

You acknowledge that you have verified the compatibility of the Products you are purchasing with other related equipment, including but not limited to, your smart device, your smart device’s Bluetooth Low Energy capabilities of 4.0 or higher, your smart device’s operating system, your smart device’s operating system version. If you are unsure of compatibility, contact our Customer Support team. You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 101-day return policy described in the Return Policy.

Payment

All prices are in United States dollars. Any applicable taxes are in addition to the prices specified. Payment is due at the time Products are ordered. You will pay for, indemnify, defend and hold Seller harmless from any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including without limit, environmental or similar fees), imposed on, in respect of or otherwise associated with any Products. You are responsible for any payments due for any Products ordered through your account. You shall also be responsible for any costs of collection for overdue payments.

Pricing and Availability

All Products offered are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order you have already placed.

Product Availability

Reference to any Products on hestancue.com constitutes an offer to sell or supply that product and does not mean that the product is available when you order it. Hestan Smart Cooking does not imply that the materials in the Store are appropriate or available for use outside of the United States.

We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.

Sales Tax

Depending on the order, Seller calculates and charges sales tax in accordance with applicable laws.

Resale

Purchases made on the Store are intended for end users only, and are not authorized for resale.

Shipping and Delivery

Prices for the Products do not include shipping costs, unless specified during the checkout process. The estimated arrival or delivery date is not a guaranteed delivery date.

Please be sure your shipping address is correct before placing your order. Refused deliveries, or deliveries that the carrier is unable to make, may be returned to our warehouse and may take an extended amount of time to process for a refund. We may, at our sole discretion, reduce the amount of your refund by the amount of any shipping costs paid by us, to account for costs incurred.

Cancellation

Seller reserves the right to refuse service to anyone for any reason at any time. Seller reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

Returns for Refund

Returns for refund may be available within a 101-day period after purchase. For full details, including eligibility restrictions and how to request a return, see the attached Return Policy.

Warranties and Disclaimers

This agreement includes the aforementioned Limited Warranty:

Except as stated above in this limited warranty, and to the maximum extent permitted by applicable law, Seller disclaims all express, implied, and statutory warranties and conditions with respect to the product, including the implied warranties of merchantability, and fitness for a particular purpose. To the maximum extent permitted by applicable law, Seller also limits the duration of any implied warranties or conditions to the duration of this limited warranty.

Limitation of Liability and Limitation of Damages

This agreement includes the aforementioned Limited Warranty:

In addition to the above warranty disclaimers, in no event will Seller be liable for any consequential, incidental, exemplary, or special damages, including any damages for lost data, lost profits, or loss of use, arising from or relating to this limited warranty or the product, and Seller’s total cumulative liability arising from or related to this limited warranty or the product will not exceed the amount actually paid for the product by the original purchaser. You use the products at your own discretion and risk. You will be solely responsible for (and Seller disclaims) any and all loss, liability, or damages, including to your appliances, cookware, kitchen, home, product, mobile device, and all other items and pets in your home, resulting from your use of the product.

Operating Safety

By operating this product, you agree to follow the instructions provided in the Product Manual. Use common sense and protect yourself from ordinary and extraordinary kitchen hazards when cooking.

Use and Care

By operating this product, you agree to follow the instructions provided in the Product Manual and Safety Instructions and Warnings documents.

Revisions, Errors, Omissions, and Errata

The materials appearing on Seller’s Website or App could include technical, typographical, photographic, pricing, promotional, or other errors. Seller does not warrant that any of the materials on its web site are accurate, complete, or current. Seller is not bound to uphold any agreements made with respect to any errors, omissions, incomplete information, inaccurate information, or out-of-date information. Seller may, at its sole discretion, choose to cancel an order (and refund related payments to purchaser) for any reason. Seller may make changes to the materials contained on its web site at any time without notice.

Indemnification

By operating this product, you hereby take full responsibility for any risks associated with its use, and agree to fully protect, defend, and indemnify Hestan Smart Cooking Inc., its divisions, subsidiaries, and affiliated business entities, and their respective employees, agents, officers, and directors (together, “Supplier”) from and hold them harmless against all liability, losses, damages, costs, or expenses of any nature, including without limitation, reasonable attorney’s fees, which they may at any time suffer, incur, or be required to pay resulting from or arising out of (i) any ordinary kitchen or cooking hazards that may be present in the normal operation of the product, including but not limited to those described in this document; (ii) any claim of injury, illness, or death resulting from consuming raw or undercooked meats, poultry, seafood, shellfish, eggs, or other ingredients, whether or not cooked as specified by the product; (iii) any claim of injury, illness, or death resulting from any cooking instruction whether or not as specified by the product; (iv) any hazards from your misuse of the product; (v) your negligence or willful misconduct in connection with the product; or (v) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your possession or use of the product. In no event will Supplier be liable for any direct, special, incidental, exemplary, punitive, or consequential damages arising out of or in connection with use of the product, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not you or the operator has been advised of the possibility of such loss or damage. If you do not consent to this indemnification, you may return the unused product for refund during the normal return period.

Jurisdiction

You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in San Francisco, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Please note that by agreeing to these Terms & Conditions of Sale you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in San Francisco, California over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the state of California for the purpose of resolving any such disputes or claims.

Miscellaneous

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’

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