Terms and Conditions

MONTEREY BAY KNIVES ONLINE CONTRACT.

THE FOLLOWING IS THE TERMS OF THE AGREEMENT BETWEEN CARMEL CUTLERY LLC DBA MONTEREY BAY KNIVES (“COMPANY” OR “WE”) DBA MONTEREY BAY KNIVES AND THE BUYER (“BUYER” OR “YOU”) OF GOODS OR SERVICES THROUGH THE COMPANY’S WEBSITE (THE “SITE”). IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO PURCHASE ANYTHING, SO PLEASE REVIEW THESE TERMS CAREFULLY:

1.Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

 

2.PRODUCTS AND PRICING. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

 

2.1 Payment Terms. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Company will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts within five days of the order date, and you hereby authorize us to do so. Your payment will be processed in USD$. If your order is being shipped to an address outside of the US, your total price may differ depending on variations in currency conversion rates and any foreign transaction fees applied by your payment provider. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Company’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company. All payments are non-refundable (except as expressly set forth in Section 10).

 

2.2 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.

2.3 PayPal Purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order. This Section does not alter or amend any other Sections of this Agreement.

 

2.4 Shipping Policy Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped. Legal title to, right of possession, and risk of loss or damage to or destruction of the products purchased shall transfer to customer upon Company’s delivery to carrier at shipping point. Some products may ship directly from China and customer will be importer of record of such products for U.S. customs and Border Protection. Additionally, if your order is being shipped to an address outside of the US, you will be importer of record for such products. Notwithstanding the foregoing, Company will provide refunds for damaged product as described in Section 10.

2.5 Lost/Unclaimed Packages: Monterey Bay Knives is -NOT- responsible for wrong address delivery, lost packages domestic or international, seized or confiscated items from customs, or stolen products. We will try everything in our power to help locate the item from UPS, USPS, FedEx or DHL, but ultimately Monterey Bay Knives is too small of a company to replace missing parcels, especially with international shipping. It is important that the risk is on the buyer. 

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3.Setup and Payment Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.

 

 

4.Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

 

5.Editing, Deleting, and Modification Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

 

6.Right to Refuse Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

 

7.Indemnification Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

 

8.Non-Transferable Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

 

9.Disclaimer THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

 

10.Return Policy If a product purchased is defective, Buyer can return the product in its original condition with original packaging and contents within ten (10) days of receipt, to the following address:

MBK
ATTN: Returns
P.O. Box 1346
Carmel CA 93921
 

As a small business, we regret to inform you that we cannot provide "buy it and try it refunds" due to the additional expenses and efforts involved. However, there are many comprehensive online reviews of our products to aid you in making an informed purchase decision before purchasing.

Please be aware that refunds for preordered items are not feasible due to their unique characteristics.

To initiate a return, kindly reach out to us via our contact form with your order number and the rationale behind your decision to return the product.

In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund.

 

11.Use of Information Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

 

12.Governing law, Jurisdiction and Venue This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America. THE APPLICATION OF THE UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained in any state or federal court located within the County of Monterey, State of California, United States of America, having subject matter jurisdiction with respect to the dispute between the parties. Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum. The English language version of this Agreement controls when interpreting this Agreement.

 

13.Acknowledgment: This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, you may order product. If you do not agree to the terms of the Subscriber Agreement, do not order any product.