Welcome to the website for the brand KitchenAid (“Site”).  These terms and conditions tell you information about the legal terms and conditions (“Terms”) on which KitchenAid Europa, Inc. (“KitchenAid”) sells the products listed on the Site (“Products”) to you.

These Terms will apply to any contract between you and KitchenAid for the sale of Products (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products.

The Products offered on the Site are addressed exclusively to private individuals who purchase as consumers. KitchenAid reserves the right not to accept orders from persons who, due to the quantity of products ordered, the frequency and continuity of the orders and the periodicity of the same or other elements assessed from time to time lead KitchenAid to believe that they are purchased for resale.

These Terms are amended from time to time. Every time you wish to order Products please check these Terms to ensure you understand the terms which will apply at that time. 

For the purposes of these Terms, KitchenAid shall also be referred to as “us” and “we”. 

1. INFORMATION ABOUT US

1.1. KitchenAid Europa, Inc. is a company incorporated under the laws of the State of Delaware (USA), acting via its branch located at Nijverheidslaan 3, Box 5, 1853 Strombeek-Bever, Belgium, tel: +32 02 263 33 83 . 

1.2 Nayan NV (“Nayan”) acts as KitchenAid’s commissionaire and handles payment processing and assists with other services, including customer care.  Nayan is a company registered in the Central Company Register under number BE 0806.661.106., whose registered office is located at Pittemsestraat 58D, 8850 Ardooie, Belgium, tel: +32 51 280 840. 

1.4. To contact us, please send an email to: contact.webshop@kitchenaid.com or use the Contact Us page available here: see our Contact us page.

2. OUR PRODUCTS

2.1. The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. 

2.2. All Products shown on the Site are subject to availability. Wherever possible, we list availability information for Products on the Site.

2.3. We will inform you by email if the Product you have ordered is not available and when it will be back in stock.

2.4. We reserve the right to discontinue the sale of any Product at any time without notice. We may decline or place quantity limits on your order at any time.

3. USE OF THE SITE

Your use of the Site is governed by the terms of website use which can be found in the section Terms of Use. Please take the time to read these, as they include important terms which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Notice. Please take the time to read this, as it includes important terms which apply to you.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1. You may only purchase Products from the Site if you are at least 18 years old.

5.2. The order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the order process.

5.3 The Product descriptions contained on the Site do not represent binding offers on our part, but serve to allow you to submit an offer to us. After you place an order, you will receive an email acknowledging that we have received your order or request for repair. However, please note that this does not mean that your order has been accepted. Acceptance of your order will take place as described in clause 5.4.

5.4. Acceptance of your order will be confirmed by  an email confirming your order (“Order Confirmation”).  The Contract between you and KitchenAid will only be formed when we send you  the Order Confirmation.

5.5. If we are unable to supply you with a Product, for example because that Product is not in stock, we will inform you as soon as possible. If you have already paid for the Product, we will refund you the full amount as soon as possible.

6. DELIVERY OF PRODUCTS

6.1. Any delivery date communicated to you is an estimate. If we are unable to meet the estimated delivery date, you will be contacted as soon as possible with a revised estimated delivery date. 

6.2. Whilst we are able to advise of a delivery date, we regretfully cannot confirm a precise delivery time. 

6.3. Delivery will be completed when we have delivered your Products to the address you gave us.   

6.4. If we require a signature at the time of delivery, you or a person over the age of 18 authorised by you (“Eligible Person”) must be available to accept the delivery. If we are unable to make the delivery on the agreed date because there is no Eligible Person at home, then it will be your responsibility to contact us to arrange a new delivery date.

6.5. The Product(s) will be your responsibility from the completion of delivery.

6.6 You own the Product(s) once we have received payment in full, including all applicable charges.

6.7. We deliver to addresses in the Ireland.

8. PRICE OF PRODUCTS

8.1. The prices of the Products will be as quoted in the applicable currency on the Site.

8.2. The price of Products includes VAT (where applicable) at the applicable current rate, but excludes delivery charges.  Delivery charges will be separately stated before  checkout and will be charged at the applicable rate.

8.3. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. 

However, if we discover an error in the price of Product you ordered: 

a) where the Product’s correct price is less than the price stated on the Site, we will charge the lower amount if we have not  dispatched the Products yet; and
b) if the Products' correct price is higher than the price stated on the Site, we will contact you as soon as possible to inform you that the order has been cancelled. You will still have the option to revisit the Site to purchase the Product at the correct price. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and refund you via the payment method used if payment has been taken.

9. HOW TO PAY

9.1. You can only pay for Products using payment options available on the Site.

9.2  While KitchenAid is the seller of the Products, you will be asked to make payment to Nayan as detailed on the payment pages of our Site. Nayan has been entrusted by KitchenAid to collect and process payments on its behalf.

9.3  To learn more about payment and security modalities, please refer to the  KitchenAid Privacy policy.

9.4. Payment for the Products and all applicable charges (including delivery charges) needs to be made in full prior to the delivery of the Products.

11. OUR LIABILITY

11.1. If  we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. 

11.2. We do not in any way exclude or limit our liability for:

a) death or personal injury caused by our negligence; 
b) fraud or fraudulent misrepresentation; and 
c) any breach of the terms implied by law which cannot be excluded or restricted, including, but not limited to, your rights as a consumer as detailed in our Returns Policy.

11.3. Except as stated in the Contract and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law.

11.4. Subject to clause 11.2., our total liability to you in respect of any loss arising under or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the Products charges.

12. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER

12.1. If you are a business customer, you acknowledge that the Products are not manufactured, marketed, and/or supplied to be used for commercial purposes by your business. Subject to clause 12.2. we have no liability to you arising under or in connection with the Contract, for any: 

a) loss of profit, sales, business or revenues;
b) loss of business opportunity; 
c) business interruption; 
d) loss of anticipated savings; 
e) loss of goodwill; 
f) any indirect or unforeseeable loss; or
g) any losses arising from the use of the Products for commercial purposes.

12.2. We do not in any way exclude or limit our liability for: 

a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation; and
c) any breach of the terms implied by law which cannot be excluded or restricted. 

12.3. Except as stated in the Contract and to the extent permitted by law, we exclude all conditions, warranties or terms which might otherwise be implied by law. 

12.4. Subject to clause 12.2., our total liability to you in respect of any loss arising under or in connection with the Contract (howsoever arising) shall in no circumstances exceed 100% of the Product charges.

13. EVENTS OUTSIDE OUR CONTROL

13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control, as  defined below in clause 13.2 

13.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, pandemic or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 

13.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: 

a) we will contact you as soon as reasonably possible to notify you; and 
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 

14. COMMUNICATIONS BETWEEN US

14.1. Contact information: 

a) To discuss any issues relating to cancellation of the Contract, refunds or any faulty or damaged Products, please refer to the Returns Policy for the relevant contact details. 
b) If you wish to contact us in writing for any other reason, you can contact us by email, post or by telephone. For further details, please visit our Contact us page. 

14.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

15. RIGHT TO CANCEL, REFUNDS AND DISCOUNT

15.1. Your rights to cancel the Contract and your rights to a refund or discount are detailed in the Returns Policy.

16. OTHER IMPORTANT TERMS

16.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. 

16.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However, if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our Guarantee (as detailed in our Returns Policy) to the recipient of the gift without needing to ask for our consent.

16.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of any Product will have the benefit of our Guarantee (as detailed in our Returns Policy), but we and you will not need their consent to cancel or make any changes to these Terms.

16.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 

16.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6 Any dispute regarding the validity, the interpretation and/or the execution of the Terms is solely governed by the laws of Belgium and the Belgian courts, without prejudice to the right of a consumer to bring a dispute before the court that is competent on the basis of mandatory legal provisions. 

16.7 The parties agree to accept electronic evidence (e.g. e-mails, backups, etc.) as valid evidence in the event of a dispute.

17. ALTERNATIVE DISPUTE RESOLUTION REGULATIONS 2015

17.1 The European  Commission has created an internet platform for the online settlement of consumer disputes ("ODR Platform"). The ODR Platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from consumer online purchase contracts. Consumers  can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/

18. MANUFACTURER’S GUARANTEE

18.1 Your purchase of a Product has the benefit of a manufacturer's guarantee (Guarantee) as detailed in the Returns Policy.

TERMS OF USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website (“Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service or content we provide on our Site without notice. We provide no commitment or guarantee that our Site will be available at all times, and from time to time, we may need to restrict access to some parts of our Site, or our entire Site, to users, including users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

PROHIBITED USES

You may use our Site only for lawful purposes. You may not use our Site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the User Content (as detailed below).
• To transmit, or facilitate the sending of, any unsolicited or unauthorised advertising or promotional material or any similar spam messages.

INTELLECTUAL PROPERTY RIGHTS

All content on the Site (including, but not limited to, graphics, drawings, design, text, software, selection, and arrangement) is protected by copyright laws around the world, including the United States and the European Union. We grant you permission to use the Site for your own personal use or otherwise in accordance with these terms. You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Site or use the Site for commercial purposes, whether on behalf of yourself or a third party, without obtaining a licence to do so from KitchenAid or our licensors. Any materials used for commercial purposes in the absence of a licence will be prosecuted and charged for damages.

The entire contents, features, and functions of the Site are owned by KitchenAid, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and other proprietary rights. All such rights are reserved. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

TRADE MARKS

All trademarks, service marks, and trade names (including KitchenAid®) are trademarks or registered trademarks of Whirlpool Properties, Inc., Whirlpool Corporation, KitchenAid Europa, Inc., or other owners that have granted Whirlpool Corporation license to use such Marks. You must not use such marks without express prior written consent of the applicable owner.

OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Notice. Please take the time to read this, as by using our Site, you consent to us processing your data on the terms detailed in the Privacy Notice.

USER CONTENT

The Site may enable you and others to submit reviews, ratings, comments, photos, videos, or other content (“User Content”). You acknowledge that you are solely responsible for your User Content, your User Content is not confidential or proprietary to you, and others may access or use your User Content. You will only submit User Content if: you are the sole author and owner of all rights to the User Content or have all necessary permissions; your submission is in accordance with these Terms and any other guidance we provide on the Site; and your submission complies with all applicable laws and regulations. We retain sole discretion to remove any User Content from our Site for any reason.

You will not submit User Content that may cause injury to any person or entity; is false or misleading; infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of any KitchenAid product or service; or promotes commercial activities and/or sales without our prior written consent.

Other than your personal information (e.g., your name, address, and email address), you grant us and our authorized third-party affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable license to your User Content, including any username or social media handle you used when submitting the User Content. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute your User Content. You acknowledge that all your User Content may be used and shared by us with third parties.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE, YOUR USER CONTENT, OTHERS’ USER CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.

User Content applies to any and all material which you contribute to our Site, and to any interactive services associated with it.

Any User Content must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in any country from which they are posted.

ONLINE REVIEWS

KitchenAid is committed to ensuring that all customer/user reviews reflect genuine, unbiased, and verified experiences. Our reviews are managed by Bazaarvoice on our behalf and comply with their Authenticity Policy.  Here’s how we uphold these standards:

• Authenticity: All reviews on our site are written by verified customers or users.  These are validated by ourselves or our partners by various means, such as ensuring that only customers or users  who receive invitation emails to submit reviews or verify their purchase with a valid order number can submit reviews. We do not publish reviews about KitchenAid products that have previously been posted on a third party’s website. 
• Equality: We treat all reviews of our products equally, so positive and negative reviews are published, providing a balanced view of customer experiences. KitchenAid publishes all reviews pertaining to its product and service performance. KitchenAid does not publish reviews that pertain solely to third party services and over which KitchenAid has no control (for ex. reviews concerning a long delivery delay encountered by users purchasing a KitchenAid product on a third party shop or website) or which contain obscene or illegal language. Reviews are presented in chronological order.
• Fake Reviews: We strictly prohibit the posting of fake reviews and will remove any review found to be fabricated or not reflective of a genuine user experience. Only users that have purchased or used KitchenAid products receive an email invitation to provide a product review. Customers/users cannot publish a product review directly on our website.
• Transparency: We sometimes provide products to a range of reviewers to test and review.  We may also offer discounts to such reviewers. If a reviewer is incentivized or compensated in any way for their review, this will be clearly indicated on the review.
• Star Rating: The star ratings are awarded by each reviewer and the overall rating for a product is an average of the star ratings of all reviews. Customers or users can choose to leave a written review as well.
• Customers/users have [X] days to submit a review. Once reviews are submitted we do not allow reviewers to change the review, but only to delete the review or submit a new one. 

We maintain reviews on our website while they remain relevant and the reviewed product is being sold. Users of our website are not allowed to contact or message any reviewers. For any inquiry about our online review policy or individual reviews please contact: contact.webshop@kitchenaid.com.

SOCIAL MEDIA

We welcome you to share User Content and information about our products and services through social media. When you use social media to share Site content, you grant us the right to reproduce and publish your social media posting and to use the username / social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of social media platforms. You agree that you will not share Site contents to post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services or the Company.

LINKING TO OUR SITE

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other Site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the User Content set out above.

LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack or interrupt our Site or attempt to make our Site or network unavailable.

By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by third party activity, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

VARIATIONS

If any provision of these terms of use is held unenforceable, that provision shall be considered amended in a manner that eliminates the unenforceability, and all other provisions shall remain effective as originally written.

We may revise these terms of use at any time by amending this page (or any documents or pages referenced within these terms). You are expected to check this page (and any documents referenced within these terms) from time to time to take notice of any changes we made, as they are binding on you if you use the Site.

RETURNS POLICY

DISTANCE SELLING – RIGHT OF WITHDRAWAL

You have the right to inform us of your right of withdrawal, without payment of any fine and without notification of a reason at any time up to 14 calendar days from the day following the delivery date. If you exercise this right of withdrawal, you must return the Products to KitchenAid at your own risk and expense. If you opt for a delivery method other than the cheapest standard delivery offered by KitchenAid, the resulting additional costs will not be reimbursed. During the withdrawal period, you are advised to treat the Product and packaging with care and to unpack or use it only to the extent it is necessary to ascertain the nature, characteristics and functioning of the Product. KitchenAid reserves the right not to assume any depreciation of the Products resulting from manipulations other than those necessary to determine the nature, characteristics and operation of the Product.

In order to return the Products the following procedure needs to be followed:

• Step 1 Please send an e-maIl to: contact contact.webshop@kitchenaid.com, within 14 calendar days after the day of delivery, by means of an explicit declaration that you wish to revoke the contract, and indicate the order number. To do so, you can use the model form below. KitchenAid Contact Center will send you its return instructions by e-mail.
• Step 2 Please pack the Products  before returning them. You must send, at your own expense, the Products  as well as accessories, in their original condition and packaging. All documentation accompanying the Products, proof of guarantee and packaging material must also be returned.
• Step 3 Please print the return ticket and stick it on the box(es). The label received will contain all the information to ensure that the return goes smoothly (your data, the delivery address, the name of the carrier).
• Step 4 If You have any questions after step 3, do not hesitate to contact KitchenAid Contact Center. If You have no questions, You must return the goods within 14 days of receiving the return instructions. The date of dispatch is decisive.
• Step 5 If the Products  arrive in good condition, you will be refunded within 14 days. If the Products  arrive incomplete or damaged, you will be informed accordingly. 

Only online purchased goods on [insert relevant KA website] can be returned following the above steps. As for any other return, we advise you to get in touch with the shop at which you have purchased the goods.

Needed information for Return: In order to receive a refund, please share the requested information below with KitchenAid Contact Center at the following e-mail address: contact.webshop@kitchenaid.com

• I hereby state that I revoke  our contract for the sale of the following products:
• Ordered on /Received on 
• First Name & Last Name of Customer
• Customer address
• Telephone number
• Order number
• Article name or number of products that you wish to return
• Reason for return (if any)
• Additional remarks we need to be aware of ​​​​​

STATUTORY WARRANTY

For defects in the Products, including their digital elements, occurring during the warranty period of 24 months from delivery of the Products to the customer, the statutory claims for rectification of defects/replacement and, if these claims are unsuccessful, the claims for reduction or withdrawal and the claims for damages shall apply.

MANUFACTURER’S GUARANTEE

Your purchase of a Product has the benefit of a manufacturer’s guarantee (“Guarantee”).  Please refer to the certificate of Guarantee contained within the box of your purchase for more information.  The Guarantee is in addition to your statutory rights.