Terms of Service

1. Agreement to these terms

These Terms of Service govern your use of the website hearthandwhisk.com and any order you place with Hearth & Whisk Kitchen Supply, based in Fort Collins, Colorado, United States. By using the site you agree to these terms. If you do not agree, please do not use the site or place an order.

You must be at least 18 years old, or the age of majority where you live, to place an order. If you are acting for a business, you confirm that you have authority to bind that business.

2. About this store and how ordering works

We sell kitchen gadgets for domestic use: prep tools, cooking utensils, storage containers and small beverage tools. Our catalog is deliberately short and each listing publishes its material, dimensions and care requirements.

This website operates as an order-request storefront. When you submit the order form, you send us a request rather than completing a purchase. We then:

1. check stock and confirm the delivery address;
2. calculate shipping and any sales tax that applies to your destination;
3. email you a total and a secure payment link hosted by a third-party processor.

A binding contract of sale exists only once you have approved that emailed total and your payment has been accepted. Until then, either party may withdraw without charge. No card details are entered on, transmitted by, or stored on this website.

3. Prices, tax and payment

All prices are quoted in US dollars. The price shown on a product listing is the item price. Shipping is added as described in Shipping & Returns, and applicable sales tax is calculated on your delivery address and stated in the confirmation email before you pay.

We take care to keep prices accurate, but errors happen. If a listed price is materially incorrect, we will contact you before taking payment and you may confirm at the corrected price or cancel at no cost. We are not obliged to supply an item at an obviously erroneous price.

Payment is collected by a third-party processor on their own secure page. Their terms apply to that transaction. We receive confirmation that payment succeeded, not your card number.

4. Availability and order limits

Stock indications on this site are indicative and confirmed by email. If an item is unavailable we will offer a substitute, a later dispatch date or a full cancellation, at your choice.

We may limit quantities on a single order where stock is short or where an order appears to be for resale rather than household use. We may decline a request where we suspect fraud, where delivery is not possible, or where the request breaches these terms. If we decline after payment, we refund in full.

5. Product information and safe use

We describe our products as accurately as we can. Photographs are representative; colors may differ slightly between screens, and natural materials such as beech and bamboo vary in grain. Dimensions are approximate within normal manufacturing tolerance.

Kitchen tools include sharp blades, pointed probes and surfaces that become hot. You agree to:

• read the care and heat-rating information for each item before first use;
• keep blades, chopper grids and thermometer probes away from children;
• respect stated heat limits and never expose silicone or plastic parts to open flame or a broiler element;
• hand wash items marked hand-wash-only, and never submerge electronic housings;
• stop using any item that is cracked, loose or otherwise damaged, and contact us about a replacement.

6. Limited warranty

Each item carries a 12-month limited warranty from the delivery date against defects in materials and workmanship under normal domestic use. If an item proves defective within that period, we will at our option repair it, replace it, or refund the item price.

The warranty does not cover normal wear, gradual blade dulling, cosmetic marks, damage from exceeding a stated heat rating, damage from dishwasher use on hand-wash-only items, accidental breakage, modification, or commercial use. It applies to the original purchaser and is not transferable.

To make a claim, email hearthandwhisk.store@gmail.com with your order reference, a description of the fault and a photograph. This warranty gives you specific legal rights, and you may have other rights that vary by state. Nothing in these terms limits any statutory right that cannot lawfully be excluded.

7. Returns and cancellations

You may cancel an order request at any time before payment. After payment and before dispatch, contact us and we will cancel and refund where the parcel has not yet left our warehouse.

After delivery, unused items in their original packaging may be returned within 30 days for a refund of the item price. The full process, exclusions and address are set out in Shipping & Returns, which forms part of these terms.

8. Acceptable use of this website

You agree not to:

• use the site unlawfully, or submit false, misleading or fraudulent order information;
• attempt to gain unauthorized access to the site, its server or its data;
• introduce malware, or interfere with the site's operation or security;
• scrape, mirror or reproduce substantial parts of the site without written permission;
• use our name, logo or product photography in a way that suggests endorsement we have not given.

9. Intellectual property

The text, guide content, layout, logo and product photography on this site are owned by or licensed to Hearth & Whisk and are protected by copyright and other rights. You may read, print and share links for personal, non-commercial use. Any other reproduction, adaptation or commercial use requires our written permission.

Third-party names and marks mentioned on this site, including Google Ads and Google Analytics, belong to their respective owners. Reference to them is descriptive only and does not imply affiliation or endorsement.

10. Disclaimers and limitation of liability

This website and its content are provided on an "as is" and "as available" basis. We do not warrant that the site will be uninterrupted or error-free, or that every piece of information is complete or current. Guide content is general information, not professional advice.

To the fullest extent permitted by law, Hearth & Whisk is not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or opportunity arising from use of the site or of a product. Our total aggregate liability arising from any order is limited to the amount you paid for the item giving rise to the claim.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for a defective product under applicable product-liability law, or for any other liability that cannot lawfully be excluded or limited. Some states do not allow certain limitations, so parts of this section may not apply to you.

11. Indemnity

You agree to indemnify Hearth & Whisk against claims, losses and reasonable costs arising from your breach of these terms, your misuse of a product contrary to its stated instructions, or your violation of another party's rights. This does not apply to the extent a claim results from our own negligence or breach.

12. Privacy

Our handling of personal information is described in the Privacy Policy, and our use of cookies and browser storage in the Cookie Policy. Both form part of your agreement with us.

13. Governing law and disputes

These terms are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law rules. Before starting formal proceedings, please contact us so we can try to resolve the matter directly; most concerns are settled by email within a few days.

If a dispute cannot be resolved informally, it will be brought before the state or federal courts located in Larimer County, Colorado, and you consent to that jurisdiction, except where mandatory consumer-protection law gives you the right to proceed in your own place of residence.

14. General

Changes: we may update these terms; the version published when you place your order applies to that order. Material changes are notified on this page.

Severability: if a provision is held unenforceable, the remaining provisions continue in force.

No waiver: our failure to enforce a provision is not a waiver of it.

Assignment: you may not assign your rights under these terms; we may assign them as part of a business transfer, subject to the same obligations.

Entire agreement: these terms, together with the Privacy Policy, Cookie Policy and Shipping & Returns page, are the entire agreement between us for use of this site and any order.

15. Contact

Hearth & Whisk Kitchen Supply
4187 Kestrel Hollow Lane, Suite 210
Fort Collins, CO 80525, United States
Email: hearthandwhisk.store@gmail.com
Phone: +1 (970) 555-0148
Hours: Monday to Friday, 9:00 AM – 5:00 PM Mountain Time