Cooking.com Inc. Terms of "Schedule to Save" Program
Terms and Conditions
Welcome to the terms and conditions ("Terms") for our Schedule to Save (the "Program").
These Terms are between you and Cooking.com Inc. and/or its affiliates ("Cooking.com"
or "Us"), and govern our respective rights and obligations. The Terms constitute
the entire agreement between you and Cooking.com related to Schedule to Save. Please
note that your use of the Cooking.com Web site is also governed by our
Conditions of Use and Privacy Policy,
as well as all other applicable terms, conditions, limitations and requirements
on the Cooking.com Web site, all of which (as changed over time) are incorporated
into these Terms. If you place an order through our Schedule to Save, you accept
these terms, conditions, limitations and requirements. Please read these Terms carefully.
Program Benefits
Your first shipment of each Schedule to Save order you place will be processed when
you sign up, and we'll charge your credit card for the current price of the item,
plus tax where applicable. Credit cards are the only payment method accepted for
Schedule to Save orders. Please note: Bill Me Later and PayPal are not available
payment options for our Schedule to Save program.
Subscription orders are available in one month, two month, three month, and six
month intervals. You select the frequency with which you want to receive new orders,
and we'll send out the shipments on that schedule automatically. You may change
the subscription frequency, item quantity, shipping address, payment method, and
billing address associated with your subscription at any time online using
Manage Your Schedule to Save Orders through you “My Account.” Updates will
be applied to all future shipments associated with the subscription.
All Schedule to Save recurring deliveries ship for free; initial subscription delivery charges will apply. However, shipping upgrades are not permitted
with Schedule to Save orders. An estimated delivery range will appear in “My Account”
once each new order has been automatically processed. However, we cannot guarantee
an exact delivery date or time.
You may cancel your subscription any time online using
Manage Your Schedule to Save Orders through you “My Account.” You will only
be charged for orders that have shipped.
Eligible Purchases
Select items offered by Cooking.com are eligible for the Schedule to Save program.
To see a full list of eligible items, visit
Shop Schedule to Save. Many eligible items, such as food, can only be shipped
within and to the forty-eight (48) contiguous U.S. states. We cannot ship consumable
products such as these to Alaska, Hawaii, Puerto Rico, APO/FPO, or to international
addresses.
Conditions
You must have a Cooking.com “My Account” to register for a subscription and purchase
items through Schedule to Save. We reserve the right to accept or refuse subscription
orders at our discretion. Your subscription is personal to you, and you may not
assign or transfer your subscription or any of the benefits associated with Schedule
to Save to any third party.
If any problems arise with the shipping address or payment method associated with
your subscription order, we will notify you via e-mail using the address associated
with your subscription asking that you resolve the problem and reactivate your subscription.
Your subscription may be placed on hold and no additional orders will be processed
or shipped until the problem has been resolved and the subscription has been reactivated.
If any Schedule to Save item is not available on the day it is scheduled to be shipped,
we will notify you of the delay and will attempt to fulfill the order as soon as
possible for a two week period. If the item does not become available during that
two week period, we will notify you that the order has been canceled and we will
attempt to send the next shipment on schedule.
If any Schedule to Save Item is no longer available, we will automatically deactivate
your subscription for that item and no additional orders associated with that subscription
will be placed. We will notify you should this occur, if any possible replacement
exists, you will need to create a new Schedule to Save subscription order for that
item.
If we are not able to send any installment of your Schedule to Save order because
of a problem with your Cooking.com account, including billing problems, we will
notify you via e-mail using the e-mail address associated with your subscription.
In such case, your Schedule to Save subscription may be automatically suspended
and no additional Schedule to Save orders will be processed or shipped until you
correct the problem and reactivate your subscription.
Fees;Renewal
The total cost charged to your credit card for each Schedule to Save order will
be the cost of the item on the day the order is processed, plus any applicable sales
tax.
The charge for each shipment will be billed to the credit card used to create your
subscription and to place your initial subscription order. If the credit card becomes
invalid at any time during the subscription period or if the charge is otherwise
rejected, we will charge your secondary credit card if previously provided. We will
send an e-mail to the e-mail address associated with your subscription notifying
you that the primary form of payment failed. If both primary and secondary forms
of payment fail, your subscription may be placed on hold and will require that you
update your payment information using
Manage Your Schedule to Save Orders through your "My Account." Your subscription
will remain on hold and no additional orders will be processed or shipped until
the information is updated and you reactivate your subscription.
Agreement Changes
We may in our discretion change these Terms, Cooking.com's general Conditions of
Use and Privacy policy without notice to you.
Termination by Us
We may terminate your subscription at our discretion without notice. If we do so,
you will only be charges for orders that have been shipped to you.
Limitation of Liability
IN ADDITION TO THE OTHER LIMITATIONS AND EXCLUSIONS CONTAINED IN COOKING.COM’S CONDITIONS
OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER
REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED
TO YOUR Schedule to Save SUBSCRIPTION OR THE PROGRAM. OUR TOTAL LIABILITY, WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED
THE AMOUNT OF ALL Schedule to Save SUBSCRIPTION PAYMENTS ACTUALLY MADE BY YOU DURING
THE COURSE OF YOUR SUBSCRIPTION. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY CANCELLATION OR
TERMINATION OF YOUR SUBSCRIPTION OR PARTICIPATION IN THE PROGRAM. CERTAIN STATE
LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.