Terms of Sale
Last Modified: July 17, 2020
These Terms of Sale (these "Terms of Sale") apply to (a) Brava’s sale of any Products to you via the Store, including without limitation as part of or in connection with our Membership Subscription Services, and (b) subject to Section 6 below, a third party’s sale of Products to you. These Terms of Sale are supplemental to our Terms of Service. All capitalized terms not defined in these Terms of Sale have the meanings given to them in the Terms of Service.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BRAVA. BY PLACING AN ORDER, RESERVATION OR PRE-ORDER FOR ANY PRODUCTS, IN ADDITION TO BRAVA’S Terms of Service AND THE SUPPLEMENTAL DOCUMENTS, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SALE.
Every time you place an order, reservation or pre-order of Products, the Terms of Sale in force at that time will apply between you and Brava with respect to the applicable Product.
The Store is for retail sales to private consumers only, and all Products are for household use only.
1. Special Terms for Reservations and Pre-Orders
By placing a reservation and pre-order for a Product that is available for reservation and pre-order, you make an offer to Brava to purchase the Product subject to these Terms of Sale. Brava then will obtain an authorization from your bank or credit card company for no charge. An authorization from your payment method company may stay open for several days or weeks before a charge is actually made.
You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged. To cancel, email us with your cancellation request at email@example.com. To process your cancellation request, we may require that you provide certain details regarding your order, such as your name, email address, order confirmation number, billing address or last four digits of the payment method you used for your order.
Later, when the Product becomes available for sale, Brava will accept your offer to purchase Products, subject to these Terms of Sale (including but not limited to the Order Acceptance and Confirmation terms below). At that time, Brava may charge the payment method you provided when you placed the pre-order and ship your Product. Brava may obtain an additional authorization from your payment method company to confirm necessary funds are available to purchase the Products requested. If Brava is unable to successfully authorize or charge the payment method you provided, it may elect to reject your offer to purchase the Products.
2. Order Acceptance and Confirmation
Once we receive your order, we will provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Your order for a Product is deemed accepted and confirmed once title passes to you in accordance with Section 3(b) below. We reserve the right at any time after receiving your order, and before it is accepted and confirmed, to accept, decline, or cancel your order, or limit your order quantity, if we cannot successfully authorize or charge the payment method you provided, if we cannot validate your shipping address, if we suspect fraud or misuse of Services, or for any other reason. If we cancel an order after you have already been billed, we will refund the billed amount.
In the event that you have been offered any gift certificates, gift cards, charitable donations that may be made on your behalf or in your honor, or cash-back in connection with your purchase of any Brava Product ("Claimable Items"), you must claim such Claimable Items within three (3) business days of the initial order confirmation email for such Brava Product being sent by Brava or on Brava's behalf (the "Claim Period"). If you have not claimed any such Claimable Items within the Claim Period, your right to receive any and all unclaimed Claimable Items shall expire immediately upon conclusion of the Claim Period. Unless otherwise expressly indicated in writing by Brava, Brava is not affiliated with, associated with, authorized by, endorsed by or in any way connected with any issuer or charitable donee of any Claimable Item. Except as expressly set forth in these Terms of Sale, any and all terms and conditions applicable to any Claimable Item (with respect to any Claimable Item, its "Claimable Item Terms") are as between you and the issuer or charitable donee of such Claimable Items, and not Brava. You and the issuer or charitable donee of the applicable Claimable Item, and not Brava, are solely and exclusively responsible for complying with the Claimable Item Terms. Brava is not the issuer or charitable donee of any Claimable Item, and Brava is not and shall not be responsible for your or any and all issuers' and charitable donees' compliance with any Claimable Item Terms.
3. Payments, Shipping and Handling, Delivery
In addition to the payment terms set forth in Section 10 of our Terms of Service, the following additional terms shall apply with respect to Products you purchase:
(a) Shipping and Handling. Unless otherwise indicated,prices for the Products do not include shipping or handling costs. Our delivery charges are as described on the Store from time to time. We use third-party fulfillment partners to ship Products. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
(b) Delivery; Title and Risk of Loss. All Products purchased from the Store are delivered pursuant to a shipment contract. Title to, and risk of loss for, Products that are both purchased from the Store and fulfilled directly by Brava will pass to the purchaser at the time of delivery by Brava to our third-party shipping partner; provided that Brava or the third-party shipping partner will be responsible for any Product loss or damage that occurs when the Product is in transit to you. When you purchase a Product from the Store that is fulfilled by one of our third-party fulfillment partners, the title to and the risk of loss of such Product will pass to you upon the fulfillment partner’s delivery of such Product to their third-party shipping partner.
(c) Intended Customers; Packaging. The Products have been designed, marketed and sold for use by residents of the United States and Canada, provided that we may elect not to ship Products outside of the continental United States (i.e., excluding Hawaii, Alaska, other non-continental possessions and territories of the United States), and provided, further, that we do not currently ship Food Products to Canada. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English, provided that we may in our sole discretion provide any of the foregoing in French for Products shipped to Canada. The Products are not intended for use outside of the United States or Canada. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
4. Setup and Use of Products
(a) Installation of Brava Products. There may be laws in your jurisdiction where you install a particular Brava Product that are applicable to how and where to install that Brava Product. You should check that you are in compliance with all relevant laws in your jurisdiction. Brava is not responsible for any injury or damage caused by self-installation.
(b) Inspection and Care of Food Products. You are responsible for inspecting all Food Products you receive from us for any damage or other issues upon delivery. For any Food Products, you are solely responsible for determining the freshness of the Food Products you receive. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry or seafood Food Product is 40° F or below when delivered to you. In the unlikely event that such temperature is above 40° F, or you have any other reason to believe that any other Food Product in your delivery is not suitable for consumption, contact firstname.lastname@example.org and discard the item.
To maintain the quality and integrity of the Food Products, we recommend that you immediately refrigerate all perishable Food Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, USE, INSPECTION, AND CONSUMPTION OF ALL FOOD PRODUCTS. FURTHER, YOU ARE SOLELY RESPONSIBLE FOR MANAGING ANY FOOD ALERGIES YOU MAY HAVE AND VERIFYING AND INSPECTING THE FOOD PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, COOKING, USING, OR CONSUMING SUCH FOOD PRODUCTS. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE OR OUR THIRD-PARTY BUSINESS PARTNERS MAY STORE, PORTION, AND PACKAGE FOOD PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, SOY, FISH, SHELLFISH, PEANUTS, AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN FOOD PRODUCTS.
(c) Your Installation Choices. WHEN YOU INSTALL, SETUP OR USE PRODUCTS, YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.
(d) No Commercial Resale or Use. You are not permitted to resell or otherwise use any Products for commercial purposes.
5. Returns, Replacements, Refunds and Errors
(a) Brava Products. If, for any reason, you want to return the Brava Product you purchased from the Store for a refund, you must notify us no later than one hundred (100) days following the date of purchase (the "Cancellation Period"). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Brava Customer Care at email@example.com and clearly stating your desire to return the Brava Product. Although it will not affect your right to a refund, please include details on where and when you purchased the Brava Product and your reason for returning the Brava Product. Brava Customer Care will provide you with a Return Materials Authorization ("RMA"), which must be included with your return shipment to Brava so Brava can identify your shipment, and with a return address. If you purchased the Brava Product from somewhere other than the Store, please contact that reseller to obtain a refund.
To receive a refund, you must return your Brava Product, and any promotional merchandise and promotional items supplied in connection with the Brava Product (collectively, “Promotional Merchandise”), with an RMA within 14 days following the day on which you notify Brava Customer Care that you desire to return your Brava Product. We will refund the price you paid for the Brava Product returned in accordance with this Section 5(a), less the value of any unreturned Promotional Merchandise and discounts you received. Brava shall have the option, in its sole discretion, to refuse the return of any Promotional Merchandise. Promotional Merchandise in the form of (i) gift certificates, (ii) gift cards, (iii) charitable donations made on your behalf or in your honor, and (iv) cash-back are non-returnable, and therefore, if you received any gift certificates, gift cards, charitable donations made on your behalf or in your honor, or cash-back in connection with your purchase or any Brava Product returned in accordance with this Section 5(a), your refund for such Brava Product will be reduced by the initial value of such gift certificates, gift cards, charitable donations made on your behalf or in your honor, or cash-back, as applicable. We may reduce the amount of your refund to reflect any reduction in the value of the Brava Product, as determined in our sole discretion, caused by your handling it in a way which goes beyond normal wear and tear. Under no circumstances shall any Promotional Merchandise be considered a Brava Product or a Food Product for the purposes of the User Agreements, including, without limitation, for the purposes of these Terms of Sale and the Limited Warranty, or otherwise.
(b) Food Products. We care about your satisfaction with Food Products you purchase through the Store. If you are dissatisfied with a Food Product for any reason (e.g., the Food Products were spoiled, damaged, or missing upon delivery to you), please contact firstname.lastname@example.org within six (6) days of the date you received the applicable Food Product. We may, in our sole discretion, choose to replace the Food Product at our expense, provide you a full or partial refund of the purchase price for that Food Product, or provide you with Brava Credits for that Food Product that may be applied to future purchases. We may require the return or photographic documentation of any Food Product that you are dissatisfied with before we provide you a refund, replacement, or Brava Credit. We will work to assist you as quickly as reasonably possible, but note that some of our third-party business partners require or prefer that we pass your requests to them for processing and fulfillment (in which case, we will do so, and the resolution of your request will be in their sole discretion).
(c) Error Correction. In the event of an error in an order confirmation, in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including without limitation charging the correct price) or to cancel your order and issue you a refund.
6. Third-Party Sales
We may authorize third parties to sell our Products. Sections 1, 2, 3(a), 3(b) and 5 of these Terms of Sale are not applicable to any sale of any Product, or any offer for sale of any Product, to you by any third party. In addition, when you purchase Products from a third party, there may be additional terms and conditions imposed by the third party on your purchase of the Products from the third party. You are solely and exclusively responsible for complying with such third-party terms and conditions. If you have any questions regarding whether a third party is authorized by us to sell our Products, please contact us at email@example.com.
7. Information Accuracy
BRAVA ATTEMPTS TO DISPLAY MATERIALS AND INFORMATION YOU VIEW ABOUT THE PRODUCTS ON THE SERVICES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. YOU AGREE THAT THE PRODUCTS AND OTHER MATERIALS AND INFORMATION ABOUT THE PRODUCTS YOU RECEIVE IN YOUR ORDER MAY VARY FROM WHAT WAS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING WITHOUT LIMITATION SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES.
8. Disclaimer of Warranties
UNLESS OTHERWISE EXPRESSLY NOTED IN THE LIMITED WARRANTY, (A) ALL PRODUCTS PURCHASED THROUGH THE STORE, INCLUDING BUT NOT LIMITED TO FOOD PRODUCTS, AND (B) ALL PROMOTIONAL MERCHANDISE ARE PROVIDED ON AN "AS IS" BASIS. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY, AND SOLELY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAVA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND THE PROMOTIONAL MERCHANDISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT ANY IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THE DURATION OF SUCH IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITH RESPECT TO PRODUCTS, YOU MAY CHOOSE WHETHER TO MAKE A CLAIM UNDER ANY OF THE FOLLOWING: (I) THESE TERMS OF SALE, BUT ONLY TO THE EXTENT THESE TERMS OF SALE ARE APPLICABLE TO SUCH PRODUCTS, (II) ANY TERMS AND CONDITIONS IMPOSED BY A THIRD PARTY ON YOUR PURCHASE OF THE PRODUCTS, BUT ONLY IF YOU PURCHASED SUCH PRODUCTS FROM A THIRD PARTY, OR (III) THE LIMITED WARRANTY, BUT YOU MAY NOT RECOVER MORE THAN ONCE IN RESPECT OF THE SAME LOSS. TO INITIATE A RETURN UNDER THE LIMITED WARRANTY FOR YOUR BRAVA PRODUCT, YOU SHOULD CONTACT BRAVA AT HELLO@BRAVA.COM.
9. Limitation of Liability
UNLESS OTHERWISE EXPRESSLY NOTED IN THE LIMITED WARRANTY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL BRAVA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF BRAVA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) IN NO EVENT WILL BRAVA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE GREATER OF THE FEES ACTUALLY PAID BY YOU TO BRAVA OR BRAVA’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6) MONTHS (IF ANY) OR ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. BRAVA DISCLAIMS ALL LIABILITY OF ANY KIND OF BRAVA’S LICENSORS AND SUPPLIERS.
YOU AGREE THAT YOU USE ANY PRODUCTS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND BRAVA DISCLAIMS) ANY AND ALL LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF A PRODUCT. UNLESS EXPLICITLY PROMISING A "GUARANTEE," BRAVA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC MONETARY BENEFIT FROM THE USE OF A PRODUCT OR ANY PART OR FEATURE THEREOF.
FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO OR MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF SALE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.