Terms & Conditions
In these Terms & Conditions, where capitalized and unless the context or subject matter requires a different meaning:
- “HUTCH® Authorized Retailer” or “HUTCH® Authorized Retailers” means HUTCH® Authorized Retailers, or any one of them, as listed on this website.
- “Customer” also referred to as “you” or “your” means an individual person who has purchased a HUTCH Kitchen product from HUTCH or one of the HUTCH® Authorized Retailers;
- “From Warranty Excluded Products” means all small appliances sold by HUTCH or HUTCH® Authorized Retailers, including but not limited to, any sorts of batteries, USB cables, USB chargers, USB charger cables, linens, products incorporating cloth or linen fabric and all glass products or all products incorporating glass elements or components;
- “HUTCH” means Hutch International Inc., a federal corporation incorporated pursuant to the Canada Business Corporations Act, RSC 1985, c C-44, extra-provincially registered as applicable, carrying on a kitchenware and accessories business with its Head Office at Unit #4135 7005 Fairmont Drive SE, Calgary, Alberta T2H 0J1, Canada, operating under the trade name “HUTCH Kitchen”;
- “HUTCH® Kitchen Product” means any product manufactured by HUTCH and available for purchase through HUTCH or one of the HUTCH Authorized Retailers;
- “Product Misuse” includes, but is not limited to, unsuitable, improper or careless use and handling of a HUTCH® Kitchen Product including dropping, heating beyond the heat threshold indicated by the HUTCH® Kitchen Product’s use and cleaning instruction brochure included with purchase, using cooking utensils or accessories not recommended for use with HUTCH® Kitchen Products and any other use that the Customer ought to have known would cause damage of any kind to the HUTCH® Kitchen Product;
- “Receipt of Sale” means the hardcopy or electronic acknowledgement of sale provided by HUTCH to a Customer following the purchase of a HUTCH® Kitchen Product;
- “Terms & Conditions” means these terms and conditions enumerated under the headings and subheadings herein, representing the contractual terms between HUTCH and its Customers, including but not limited to, the terms of purchase; and
- “Very Used Condition” means a HUTCH® Kitchen Product that shows indications of use including, but not limited to, stains, smears, discoloring, marks, stains, scratches, damages and any other aesthetic or structural changes that were not present at the time of purchase.
Singular, plural and possessive forms of the above defined terms import the same meaning when used in these Terms & Conditions.
HUTCH supplies its products to Customers for personal, home and/or family use, and makes no representation in these Terms & Conditions, or otherwise, to supply its products for any commercial or business use. Any use of a HUTCH® Kitchen Product contrary to the use for which the HUTCH® Kitchen Product was intended, as outlined in these Terms & Conditions or by the use and cleaning instruction brochure for each product, provided on purchase or on this website, releases HUTCH from its obligations to provide the services contracted for herein including, the Limited Warranty, the Return Policy and any applicable Terms & Conditions therein.
3. GOVERNING LAWS
The Terms & Conditions are governed by the laws of the province of Alberta and the laws of Canada applicable therein unless the applicable laws of your province of residence requires that the laws of such province to govern, in which case, the laws of such province are to govern (the “Relevant Laws”). The exclusive jurisdiction for any claim, action or dispute with HUTCH or relating in any way to your use of the Website, use of a HUTCH® Kitchen Product, or a purchase made on the Website will be in the courts of the province of Alberta unless required otherwise by applicable laws of your province of residence. Obligations of Customers to Seek Independent Legal Advice.
In addition to the rights afforded to a Customer under these Terms & Conditions, a Customer also has legal rights under the Relevant Laws, for which a Customer shall seek independent legal advice. HUTCH does not provide these Terms & Conditions in substitution of independent legal advice, the cost of which shall be the responsibility of a Customer.
4. BINDING EFFECT
WITHOUT LIMITING THE RIGHTS AFFORDED TO A CUSTOMER UNDER THESE TERMS & CONDITIONS OR THE RELEVANT LAWS, TAKE NOTICE THAT ON PURCHASING A PRODUCT THROUGH HTTPS://HUTCHKITCHEN.COM/ OR IN PERSON AT THE Show Room, A CUSTOMER IS BOUND BY, ACCEPTS, AND ACKNOWLEDGES THESE TERMS & CONDITIONS.
5. LIMITATION OF LIABILITY
Nothing in these Terms & Conditions releases HUTCH from liability for “unfair practices” as that term is defined under the Consumer Protection Act, RSA 2000 c C-26.3, as amended from time to time, and any regulations or statutes passed in amendment or substitution thereof.Subject to the rights afforded to a Customer under the applicable law, and without limiting the rights afforded to a Customer under the Terms & Conditions herein, in no event shall HUTCH, its directors, officers, employees, affiliates, successors, assigns or other representatives by liable, whether in contract, warranty, tort, product liability, strict liability or otherwise, to the Customer or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use (proper or improper use), inability to use, or results of use of any HUTCH® Kitchen Product or this Website, even if HUTCH has been advised of the possibility of such damages. Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to the Customer.
6. CONTACTING HUTCH KITCHEN
If you have a question about these Terms & Conditions, please contact HUTCH at:
|PHONE:||1 (403) 253-8882|
|MAILING ADDRESS:||Hutch Kitchen|
#4135 7005 Fairmount Drive SE
Calgary, AB T2H 0J1
7. THE LIMITED WARRANTY
Subject to the terms and conditions herein, HUTCH warrants to the original purchaser, to repair or replace any HUTCH® Kitchen Product excluding any of the From Warranty Excluded Products, found defective in either material or craftsmanship within ten (10) years from the date shown on the Receipt of Sale (the “Limited Warranty”). HUTCH reserves the right to refuse warranty when the Receipt of Sale is not provided by the original purchaser. The Limited Warranty is only available once per HUTCH® Kitchen Product. After HUTCH replaced or repaired a HUTCH® Kitchen Product, the Limited Warranty does not apply to the replaced or repaired product. When HUTCH replaces a HUTCH® Kitchen Product or a part is replaced, any replacement item becomes your property and the replaced and returned item becomes HUTCH’s property. Damage Not Covered By The Limited Warranty
The Limited Warranty DOES NOT COVER:
- Damage resulting from Product Misuse;
- Damage resulting from failure to consult and follow the use and cleaning instruction brochure and/or the product care guidelines, provided by HUTCH either on this website or on purchase;
- Damage resulting from faulty repairs, structural or aesthetic modifications or any other repairs performed by the Customer or an unauthorized third party;
- Normal wear and tear including scratches, marks or any other aesthetic defect incidental to proper use of a HUTCH® Kitchen Product;
- Glass Lids;
- HUTCH® Kitchen Products used by restaurants, hotels or any other business or commercial purpose;
- Resultant damage caused by unforeseeable events including, fire, flood or any other natural disaster or accident in the course of normal use, delivery or transport of a HUTCH® Kitchen Product; and
- Counterfeit products purchased, with or without knowledge of trademark “infringement,” as that term is defined in the Trademarks Act, RSC 1985, c T-13, amended from time to time and any statue or statues passed in substitution thereof.
How To Claim The Limited Warranty
If your HUTCH® Kitchen Product requires warranty services, please submit the Online Warranty Claim and Evaluation Request Form, found on this website, or send an email to HUTCH at firstname.lastname@example.org with the subject line including the following information:
- Warranty Services Request–[Name of your HUTCH® Kitchen Product]-[Your Name]
The body of your Warranty Services Request email must include the following information:
- Your full name;
- An email address and phone number at which you can be reached;
- If possible, a copy of your Receipt of Sale attached as a single PDF or JPEG file;
- The date of purchase;
- The purchase amount;
- The location of purchase;
- An explanation of the claimed defect; and
- Attach images of the claimed defect(s).
Evaluation and Assessment of Claim
Upon receipt of your Limited Warranty Claim, HUTCH will perform an evaluation of the claimed defect(s) based on the images that were submitted. IF AND ONLY IF the claimed defect falls under the scope of the Limited Warranty and the claimed defect is found on evaluation of the submitted images, HUTCH will provide you with a warranty claim number and the Customer will be advised where the defective HUTCH® Kitchen Product must be delivered which may be done either in person at the show room, or by mail with the following information included on the mailing label: Your Name Your Return Address
Warranty Services Request
Unit #4135 7005 Fairmount Drive SE
Calgary, AB T2H 0J1
Costs of delivering a HUTCH® Kitchen Product to HUTCH for warranty services shall be the Customer’s sole responsibility. In the event HUTCH is unable to complete its evaluation and assessment of a warranty claim, HUTCH may ask the Customer to either provide better quality images of the claimed defects or may ask the Customer to deliver the claimed defective HUTCH® Kitchen Product to HUTCH, as the Customer’s sole cost, for further inspection.
8. THE RETURN POLICY
Returns of any HUTCH® Kitchen Product are subject to the Return Policy, the entirety of which is found under this heading. Subject to the Terms & Conditions of the Return Policy herein, HUTCH reserves the right to deny the return of any HUTCH® Kitchen Product returned in Used Condition. HUTCH® Kitchen Products that were on sale, final-sale or clearance at the time of purchase are non-returnable and non-refundable. Conditions on Return
Products Purchased Directly from HUTCH®
Returns of HUTCH KITCHEN® products purchased directly from HUTCH® at its Showroom, or via this website, are governed by the terms and conditions herein. HUTCH® may accept, in its sole and subjective discretion, returns of any HUTCH® Kitchen Product in exchange for a refund of the product’s price (and taxes) at the time of purchase and less shipping IF:
- The HUTCH Kitchen Product is returned to HUTCH within thirty (30) days of the receipt of order, either in-person or by mail;
- The HUTCH® Kitchen Product was purchased through the Website of HUTCH or its show room;
- The Receipt of Sale is provided by the original purchaser; and
- On return, the HUTCH® Kitchen Product, while it has not been used, is in New Condition.
We are not responsible for returns that do not have tracking/delivery confirmation showing that the package was received in our warehouse. Be sure to return the items via an insured and traceable method. Please pack returns in original outer box or another sturdy shipping box with appropriate packing materials to ensure the product arrives to our warehouse in good condition. Please allow 2-3 weeks to process from the time you return is delivered to our location.
The conditions under this heading, “Products Purchased Directly from HUTCH®,” do not apply to HUTCH® Kitchen Products purchased through a HUTCH® Authorized Retailer. HUTCH reserves the right to refuse any returns if any of the above conditions are not satisfied, in its sole and subjective discretion.
If you have purchased a HUTCH® Kitchen Product through a HUTCH® Authorized Retailer and wish to return that product, please refer to heading below, “Products Purchased from a HUTCH® Authorized Retailer,” for the relevant Terms & Conditions.
Products Purchased from a HUTCH® Authorized Retailer
HUTCH® Kitchen Products purchased from a HUTCH® Authorized Retailer are subject to the Authorized Retailer’s return policy. The return policies of each HUTCH® Authorised Retailer are incorporated into these Terms & Conditions by reference, and can be accessed at the links provided below:
Products Not Accepted on Return
HUTCH will not accept returns of:
- HUTCH® Kitchen Products in Used Condition;
- HUTCH® Kitchen Products for which no Receipt of Sale by the original purchaser can be provided or identified;
- A HUTCH® Kitchen Product that was on sale, final-sale or clearance at the time of purchase;
- HUTCH® Kitchen Products damaged by faulty repairs, structural or aesthetic modifications or any other repairs performed by the Customer or an unauthorized third party;
- An individual component of a HUTCH® Kitchen Product (such as a crock pot lid) that formed a complete HUTCH® Kitchen Product (such as a crock pot) at the time of purchase;
- HUTCH® Kitchen Products used by restaurants, hotels or any other business or commercial purpose;
- HUTCH® Kitchen Products damaged as a result of unforeseeable events including, fire, flood or any other natural disaster or accident in the course of normal use, delivery or transport of a HUTCH® Kitchen Product; and
- Counterfeit products purchased, with or without knowledge of trademark “infringement”, as that term is defined in the Trademarks Act, RSC 1985, c T-13, amended from time to time and any statue or statues passed in substitution thereof.
Without limiting the rights afforded to a Customer under the Consumer Protection Act, RSA 2000, c C-26.3, as amended from time to time, all returns are subject to the approval of HUTCH, determined by HUTCH at its sole discretion and in accordance with the Return Policy.Mistaken Delivery and Damaged Products
If HUTCH mistakenly delivers a HUTCH® Kitchen Product, other than the product indicated on the Receipt of Sale, or if the HUTCH® Kitchen Product has been damaged during shipment, the Customer must email HUTCH no later than seven (7) days following the mistaken delivery or receipt of the damaged HUTCH® Kitchen Product to advise HUTCH of the mistaken delivery or receipt of the damaged HUTCH® Kitchen Product to request a replacement. The email to HUTCH must include images of the wrong HUTCH® Kitchen Product or the damaged products to allow HUTCH to verify the mistake or damage.
HUTCH will not accept requests of replacement of damaged products or products delivered by mistake if a Customer fails to notify HUTCH of the damaged HUTCH® Kitchen Product or mistaken delivery within seven (7) days of receiving the HUTCH® Kitchen Product.Returns Sent by Mail
If your HUTCH® Kitchen Product requires Return, please submit the Online Return Form, found on this website, or Returns sent by mail SHALL:
- Be addressed to HUTCH at the mailing address, provided under Term & Condition above;
- Include a copy of the Receipt of Sale;
- Include the Customer’s name, email, phone-number and return address; and
- Be in the original packaging when purchased.
9. GIFT CARD POLICY
- Your gift card is redeemable online at www.hutchkitchen.com or in store at our showroom location.
- Gift Cards can only be used for the purchase of merchandise.
- The card is not redeemable for cash, and is non-transferable.
- The card cannot be used in conjunction with any other offer, coupon or discount.
- We can only accept the use of one gift card per transaction. Orders that use multiple gift cards will in turn be denied and refunded to the party.