Terms of service
Effective Date: 2026-03-04
1. Introduction
Welcome to The Outdoor Kitchen Experts ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website located at theoutdoorkitchenexperts.com (the "Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
Legal business name: The Website and Services are operated by DW Marketplace LLC (DBA The Outdoor Kitchen Experts).
2. Eligibility
By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
3. Accounts and Registration
3.1 Account Creation
To access certain features of the Services, you may be required to create an account. You agree to:
- Provide true, accurate, current, and complete information during registration.
- Maintain and promptly update your account information so it remains accurate and current.
3.2 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your login credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use of your account.
4. Orders and Payment
4.1 Product Availability
All products listed on the Website are subject to availability. We reserve the right to limit quantities, discontinue products, or modify offerings at any time.
4.2 Pricing
Prices are subject to change without notice. We are not liable for any price change, modification, or discontinuance. Pricing errors may occur; if we discover an error, we may cancel the order and refund any amount charged.
4.3 Payment Terms
- Accepted Payment Methods: The payment methods shown at checkout.
- Payment Processing: Payments are processed securely through third-party payment processors (including Shopify Payments when available).
- Billing Information: You agree to provide current, complete, and accurate billing information.
4.4 Order Acceptance
We reserve the right to refuse or cancel any order for reasons including but not limited to:
- Product availability.
- Errors in product descriptions or pricing.
- Suspected fraudulent or unauthorized transactions.
- Verification issues related to payment or billing information.
5. Shipping and Delivery
5.1 Shipping Policy
Shipping costs and timelines are described in our Shipping Policy. As a reminder: Free shipping applies to orders over $100. Orders under $100 have a $60 shipping charge.
5.2 Risk of Loss
All purchases are made pursuant to a shipment contract. Risk of loss and title pass to you upon our delivery to the carrier, to the extent permitted by law.
6. Returns and Refunds
Please refer to our Return and Refund Policy for information on returns, exchanges, and refunds.
7. Intellectual Property Rights
7.1 Ownership
All content on the Website, including text, graphics, logos, images, and software, is the property of The Outdoor Kitchen Experts and/or its licensors and is protected by intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.
7.3 Restrictions
You agree not to:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission.
- Use any meta tags or other hidden text using our name or trademarks without our express written consent.
8. User Content
8.1 Submissions
If you submit, upload, or post content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content solely for purposes of operating and improving the Services, marketing the Services, and fulfilling your requests.
8.2 Prohibited Content
You agree not to submit User Content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
- Infringes any intellectual property or proprietary rights of any party.
- Contains malware, spyware, or other harmful code.
9. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating laws and rights: Use the Services for any illegal purpose or in violation of applicable laws.
- Disruption: Interfere with or disrupt the Services, servers, or networks connected to the Services.
- Unauthorized access: Attempt to gain unauthorized access to any portion of the Services or related systems.
10. Disclaimers and Warranties
10.1 "AS IS" Basis
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 No Warranty
We do not warrant that:
- The Services will meet your requirements.
- The Services will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the Services will be accurate or reliable.
11. Limitation of Liability
To the fullest extent permitted by law, in no event shall The Outdoor Kitchen Experts, DW Marketplace LLC, or their directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of (or inability to use) the Services.
12. Indemnification
You agree to indemnify, defend, and hold harmless The Outdoor Kitchen Experts and its affiliates from any claims, damages, losses, liabilities, costs, or expenses arising from:
- Your access to or use of the Services.
- Your violation of these Terms.
- Your violation of any third-party right, including intellectual property or privacy rights.
13. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Maine ("ME"), without regard to conflict of law principles, except where applicable law requires otherwise.
15. Dispute Resolution
15.1 Informal Resolution
If a dispute arises, both parties agree to first attempt to resolve the matter informally. Customers can contact our support team at support@theoutdoorkitchenexperts.com.
15.2 Arbitration
If the dispute cannot be resolved informally, and to the extent permitted by law, the dispute will be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the United States, and the arbitrator's decision will be final and binding.
15.3 Class Action Waiver
You agree that any dispute will be resolved on an individual basis and not as part of any class action, consolidated, or representative proceeding.
15.4 Exceptions
Either party may bring a claim in small claims court if eligible or seek injunctive relief for alleged infringement or misuse of intellectual property rights.
16. Changes to Terms
We reserve the right to modify or replace these Terms at any time. Changes are effective upon posting to the Website. It is your responsibility to review these Terms periodically.
17. Miscellaneous
17.1 Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in effect.
17.2 Entire Agreement
These Terms constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.
17.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
18. Contact Information
If you have any questions about these Terms, please contact us:
- Store Name: The Outdoor Kitchen Experts
- Legal Business Name: DW Marketplace LLC (DBA The Outdoor Kitchen Experts)
- Address: DW Marketplace LLC, 439 US ROUTE 1, STE A, York, ME 03909, United States
- Email: support@theoutdoorkitchenexperts.com
- Phone: 1-833-918-9600