Welcome to sbkspro.com! This website (the “Site”) is owned and operated by South Bay Kitchen Solutions, Inc. (“SBKS,” the “Company,” “Us,” “We,” or “Our”), a California corporation located at 703 Pier Ave., Ste. B #373, Hermosa Beach, California 90254. We provide the Services (defined below) to all users (“User,” “You,” or “Your”) subject to the following Terms and Conditions (“T&C”), which may be updated by Us from time-to-time without notice to You. We encourage You to review it periodically.

We are excited to work with You on Your Kitchen project and can’t wait to get started. We typically hate dealing with contracts and fine print as much as You do, but it is important to Us that You understand the Services and experience You are undertaking with SBKS. Please read through these T&C in their entirety. They constitute a binding legal agreement between Us and detail important User obligations, limitations, and rights. By accessing and using Our Site or Services, You accept and agree to be bound by the terms and provisions of these T&C. You may additionally be asked to affirmatively accept these via a clickwrap agreement, depending on the nature of Your purchase.

SBKS reserves the right, at Our sole discretion, to change or modify portions of these T&C at any time or to suspend, amend, modify, or discontinue Site Services altogether, or in part. If Our Site Service(s) are changed, modified, suspended or discontinued, We will post the changes on this page, while indicating the date the terms that were revised. We will also notify You either through the Site, in an email notification, or through other reasonable means. Any such changes will become effective fourteen (14) calendar days after they are posted, except for changes addressing new functions of the Services or Site, or changes made for legal reasons, which will become effective immediately. Your continued use of the Services after the date any such changes become effective constitutes Your acceptance of the new T&C.

In addition, when using certain Services or Our Site, You will be subject to any additional terms applicable to them that may be posted on the Site or provided via the Services from time-to-time, including, without limitation, Our Privacy Policy, located at www.sbkspro.com/privacy/, which is incorporated herein by reference.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, A RELEASE AND WAIVER OF LIABILITY, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN IN A COURT OF LAW, AND FURTHER: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WILL BE PERMITTED TO ONLY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. under CALIFORNIA law punitive damages, appeals, and jury trials MAY not BE available in arbitration. By agreeing to theSE tERMS AND CONDITIONS you agree to individually arbitrate against SBKS regarding any claim or dispute, you agree to waive any trial by judge or jury, you waive any right of appeal and any right to access punitive damages. Judgment upon the award rendered by the arbitrator may be entered in any court having appropriate jurisdiction.

 

1.  DESCRIPTION OF SERVICES

1.1 SBKS provides residential kitchen planning and personal shopping/ordering services, including as described below, and through the use of third-party platforms, providers, and independent contractors. The following are terms and conditions applicable to all of the services SBKS provides (the “Services”). We may provide these Services directly on or via Our Site, in-person, or via a link to referral partners, independent contractors, and other entities. SBKS may also connect users to other, related sites for the purpose of clients obtaining third-party services. Your use of the Site, SBKS’ Services, and Our apps is at all times expressly subject to these T&C. By engaging in Our Services, you additionally specifically agree to be bound by the terms of service of the applicable manufacturer of Your products, including but not limited to: IKEA, Masterbrand, and Semihandmade.

1.2 All of Our Services may include advertisements. You understand and agree Our Services may include certain communications such as service announcements, administrative messages, and newsletters, and that these communications are considered part of Your use of or participation in Our Services. You may opt-out of certain communications in accord with Our Privacy Policy.

1.3 You are solely responsible for obtaining access to Our Site, apps, or Services. That access may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access Our Services or perform services originating through the use of Our Site or from Our Services. You understand Your use, the technical processing, and the transmission of aspects of Our Services, including Your information and content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

1.4 The Kitchen Planning Service. 

• 1.4.1 What is Included:
  •  a.  The Kitchen Planner Meeting. One planner meeting provided by a “Kitchen Planner” for up to two hours (may be in-person or online). You will elect the date of the meeting when booking online, which is subject to change due to the kitchen planner’s availability. The purpose of this meeting is to discuss Your vision for Your new kitchen, show You relevant finish samples, and take measurements of Your space. This planner meeting can be accomplished in-person (part of “In-Home Planning”) or remotely (part of “Remote Planning” as described on Our Site at sbkspro.com) (either referred to as the “Kitchen Planner Meeting”). The provided Services are the same for each, except that for in-person meetings, We will take the measurements and for remote meetings, You are responsible for taking the measurements. In either scenario, We do not accept any liability for errors in measurements You make, or for changes in measurements subsequent to the planner meeting. As part of the Kitchen Planner Meeting, We will provide You an estimated date of delivering an initial “Kitchen Plan” to You. It is important all of the stakeholders in the kitchen design project are present for the Kitchen Planner Meeting to make sure You receive the most accurate Kitchen Plan possible. If Your spouse, significant other, designer, contractor, mother, father, rich uncle, or pet therapist are going to have a say, please make sure they are present. All return trips by a kitchen planner are subject to additional fees per occurrence.
  • b.  The Kitchen Plan. The Kitchen Plan will generally include a floorplan, a 3D rendering, a non-final, partial parts list (solely for design purposes), and elevation views suitable to order cabinets and submit to a contractor to bid the installation. Our goal is to have the first draft of the Kitchen Plan to You within three business days of Your initial appointment, but this can vary depending on volume. Nevertheless, We will get the first draft of the Kitchen Plan to You within a reasonable time after Your Kitchen Planner Meeting.
  • c. Communications with Kitchen Planner. All communication with Your Kitchen Planner must occur during Our normal business hours, Mon. through Fri., 9:00 am to 5:00 pm (PST). Any calls, texts, emails, comments, or other communications made or posted after 5:00 p.m. (PST) will be answered the next business day.

• 1.4.2 Choosing a Cabinet Line. We work with the following product lines: IKEA, Semihandmade, and Masterbrand (Homecrest, Omega, and Mantra). Each of these product lines have variable features, benefits, and costs Your Kitchen Planner will discuss with You. It is important You review Your Kitchen Plan and provide Us any feedback on it before You select a product line, as changing products may result in redesign fees (see “Revisions” at sec. 1.4.3, below). Once You have selected a product line, Your Kitchen Planner will prepare Your initial Kitchen Plan to send to You for review.

• 1.4.3 Delivery of Kitchen Plan and Revisions. 

• • a.  IKEA and Semihandmade plans are delivered to You in the IKEA Home PlannerMasterbrand cabinet plans are created in software called 2020. All links or files for Your review will be sent to You electronically at Your email address on file. Emails will come from Our addresses at [email protected] or [email protected].
  • b.  Once You have selected a cabinet line Your Kitchen Planner will prepare the first draft of Your Kitchen Plan and email it to You for Your review. If You prefer to meet in person to review Your layout those meetings can take place at Our showroom at 2100 N. Sepulveda Blvd., Manhattan Beach, California 90266 at no additional charge, subject to Our approval.
  • c.  You are entitled to three rounds of Kitchen Plan revisions. Any changes made after three rounds are subject to a $99 payment, per round of revisions. To ensure clear communication, all requested changes to Your plan must be submitted to Us at [email protected] or [email protected]. We do not accept revisions by verbal, text, or other means.
  • d.  As part of the revision process You may switch between IKEA & Semihandmade at no additional charge as the Semihandmade doors fit onto IKEA frames and the cabinet system is the same.
  • e.  For residents of Los Angeles County, You may also obtain an estimate for custom cabinetry design through Masterbrand, which We can coordinate for You. We will send any such request to a Masterbrand designer, who will then provide an estimate for converting to custom cabinetry. Such a request is subject to an additional deposit, which may take the form of crediting the planning fee to the new deposit. You will then be financially liable for the difference between the new deposit and Your original planning fee.

• 1.4.4  Approved and Finalized Plan.  
  • a.  Final Version of the Plan. Once You have an approved Kitchen Plan, We will submit the final version of the plan to You (the “Final Version”) via email. This Final Version will contain a finalized floorplan, 3D rendering, a non-final partial parts list (solely for design purposes), and elevation views suitable to order cabinets and submit to a contractor to bid the installation of Your Kitchen Plan. As part of the approval process of the Final Version, Your signature is required before We will proceed.
  • b.  Installers. Once You sign off on the Final Version, We will refer You to an independent contractor installer, who may provide a free estimate for installation, as available. We highly recommend You use one of Our recommended installers. If You do not, please be sure Your installer is: (i) licensed; (ii) insured; and (iii) has experience installing IKEA or other kitchen designs, as applicable. While Our kitchen planner will typically work with the installer, We do not have any control over third-parties or third-party conduct, including that of installers. Installers will generally not do any walkthrough on Your property after installation. Therefore, please do a final walkthrough to check the installer’s work. You will likely be required to pay the installer on the day of completion. Please note, even if there is minor work left to complete at the end of Your project, You generally should pay the installer for work already completed, although You can hold off on any portion owed for services not rendered or completed. Any installer return trips may incur a return fee. Please review the terms and conditions of any agreement You enter into with installers. Company does not have any control over any such fee or third-party contractual terms. Any disputes regarding the quality or completeness of the installation, is a matter solely between You and the installer, regardless if We referred the installer. In any event, We shall not be liable in any way for any disputes arising between You and an installer or any other third-party.
• 1.4.5  What is NOT Included in the Kitchen Planning Service:
  • a.  Interior Design. The fee You pay is only for a Kitchen Plan. SBKS’ Kitchen Planners are not interior designers and will not make recommendations related to design, including but not limited to issues regarding fixtures, paint color, flooring, tile, or similar aspects of Your kitchen. We will make reasonable recommendations on appliances and countertop materials from a functional standpoint. All final design decisions, including but not limited to color and style, are solely and exclusively within Your discretion. Any recommendations SBKS, its independent contractors, or its affiliates make are made solely in good faith and do not represent commitments or an agreement to provide or assist in facilitating those recommendations. SBKS is not liable or responsible for the appearance or function of any design elements, appliances or other materials used or installed within the Kitchen Planning Service in any way. 
  • b.  Ordering Kitchen Cabinets. If You choose to order through IKEA Kitchen or Semihandmade Kitchen, it is Your responsibility to: (i) take the Final Version of the Kitchen Plan to the particular store; (ii) to order those items; and (iii) to coordinate delivery of those goods for use in Your Kitchen Plan installation. If You would like, We can also accomplish these items for You for an additional fee (see “IKEA/Semihandmade Personal Shopping Service,” at sec. 1.5, below). If You are ordering Full Custom or Semi-Custom cabinets, the ordering fee is included in the price of the cabinets.
  • c.  No Installation Support. We do not do kitchen installations or provide direct installation support. Installations are provided by independent contractors that You select. We will not work with Your contractors onsite. The purpose of the Kitchen Plan is to help You envision Your new Kitchen via an artistic rendering, and to allow You to more easily order Your cabinets. Neither You, nor Your installer, should use the Kitchen Plan as an installation guide. Your installer is responsible for verifying everything in the field prior to installing any cabinets. SBKS is not liable or responsible in any way for any third-party conduct, including but not limited to charges associated with cabinets erroneously installed according to the Kitchen Plan. Please contact Us at the information below with any questions about Your Kitchen Plan. All services provided by installers are subject to separate agreements with that independent contractor/installer.

1.5 IKEA/Semihandmade Personal Shopping Service (the “Personal Shopping Service”).

• 1.5.1 What is Included:
  • a.  Ordering of IKEA/Semihandmade Products. Many customers love IKEA and Semihandmade products but don’t like the thought of buying an entire kitchen worth of products. As a result, many of Our customers utilize Our Personal Shopping Service. As part of the Personal Shopping Service We will create an online, itemized cart for IKEA and/or Semihandmade products on Your behalf. This Service is subject to a one-time, flat fee, starting at $499, and varying depending on the size and scope of the project (the “Ordering Fee”). All fees are due prior to the start of any Services. The Ordering Fee and Personal Shopping Services include establishing/filling the itemized, online cart, reviewing the order against Your plans, and providing the order to You for review and payment. Once We have created the cart, We will send a link to it to You. If You have any questions regarding the materials or cart contents, You must inquire with Us prior to paying. You are independently responsible to check out and make payment for the cart. Making payment constitutes Your approval of the cart and its contents, including all materials and the amounts of them, as well as the price. Once payment is made We are no longer responsible for any services and all further issues or questions must be addressed with IKEA/Semihandmade.
  • b.  Personal Shopping Service is Dependent on IKEA Plan. The Personal Shopping Service is expressly dependent, regardless if You are purchasing IKEA or Semihandmade products, on You first having and providing to Us an IKEA kitchen plan developed through the IKEA Home Planner. The kitchen plan must be a live link to the plan developed in the IKEA Home Planner; We cannot use pdfs or other representations of the kitchen plan.
  • c.  Cart Approval. By purchasing the products contained in Your cart, You specifically consent to and approve the accuracy of the contents of the cart. Please doublecheck it prior to making payment!
  • d.  Extra Materials. In all Personal Shopping Service orders, it is necessary for Us to include extra materials to ensure any project has the total amount of materials necessary to complete it. This includes for any custom installations or work to fit materials into Your particular design, and to ensure additional parts do not need to be ordered subsequent to the onset of any installation, thereby incurring potential delay, hassle, and additional costs. After completion of the installation, You may therefore end up with spare materials. This is intentional and all costs for any spare materials are already included in the Ordering Fee. There is no refund available for any such extra materials.
  • e.  Shipping Times and Updates (these times are estimates and are not guaranteed).
    • i. IKEA. Typically ready to ship within one-to-two weeks.
    • ii. Semihandmade. Typically delivered within three-to-five weeks. Semihandmade provides tracking information once the order has been completed from the factory, and not at the time the order is placed. There will therefore be a delay between confirmation of Your order and receiving tracking information.
• 1.5.2 What is NOT Included. The Personal Shopping Service is a stand-alone Service that does not include any Kitchen Planning or project management. We solely provide the above Services listed in Section 1.5.1. As a courtesy, We may provide You with a quote from Our recommended installer. If You choose to hire that independent contractor/installer, You are entering into a separate agreement and contractual relationship with that independent contractor, which we are not liable for.
• 1.5.3 IKEA or Semihandmade Home Delivery (as applicable). Once You make payment for the cart/materials, You are now a customer of IKEA/Semihandmade and their home delivery vendor of choice. SBKS will not be held responsible or liable in any way related to the delivery of their products to You, nor will We coordinate or manage delivery in any manner after We complete the Personal Shopping Service. You alone are responsible for contacting IKEA directly for all questions or issues related to Your delivery. The Terms and Conditions of IKEA or Semihandmade’s home delivery are separate from these T&C, and subject You to separate rules and obligations. All documentation should be communicated to You by IKEA/Semihandmade with Your ordering paperwork. Please be sure to review it. All questions, comments, or concerns regarding products or delivery must be directed to IKEA or Semihandmade, as applicable. We do not sell or resell IKEA products. Instead, We prepare the order on Your behalf. IKEA products are sold solely in stores operating the IKEA Retail System, as franchised by Inter IKEA Systems B.V. of The Netherlands. We are not otherwise affiliated with IKEA in any way. We are not IKEA partners, affiliates, or sales representatives, nor are We sponsored, financially or otherwise, by Inter IKEA Systems B.V. SBKS is an independent entity from IKEA. The Site is not authorized or sponsored by Inter IKEA Systems B.V. or IKEA.
• 1.5.4 We reserve the right to, offer, sell, and otherwise utilize products of companies other than IKEA and Semihandmade that also work with the IKEA plan/system. For purposes of these T&C, any such products, and any obligations, rules, requirements, and promises apply to and restrict any such uses with equal force and applicability. If You have any questions regarding these additional products or companies, please contact Us at the information below.

1.6 Additional Services. We additionally provide the following Services. Please contact us directly to inquire regarding them.

1.7 ATTENTION CALIFORNIA RESIDENTS – Proposition 65 Warning. California’s Proposition 65 (“Prop 65”) entitles California consumers to receive special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We are as concerned about product safety as You are and We take all reasonable steps to comply with applicable safety and health requirements. As part of Our Services, We may facilitate transactions involving goods that may contain chemicals subject to Prop 65. We do not handle these goods and are not responsible for warnings associated with them. Please check all products in any way related to the Services as You deem fit for their appropriate Prop 65 disclosure documentation. Please refer to California’s official governmental page on Prop 65 for more information: https://oehha.ca.gov/proposition-65.

1.8 Conclusion of Services. For Services involving using the Site, Our Services conclude and are complete when You navigate away from the Site. For the Personal Shopping Service (sec. 1.5), Our Services conclude and are complete after We have provided the Services listed in sec. 1.5.1, above, and provide You with the associated link to Your cart. For the Kitchen Planning Service, Our Services conclude and are complete when We email You the Final Version of the Kitchen Plan.

1.9 All Contractor Services are Provided by Independent Contractors. WE ARE NOT, DO NOT REPRESENT OURSELVES TO BE, AND IN ANY EVENT, SHOULD NOT BE CONSIDERED UNDER ANY CIRCUMSTANCE TO BE LICENSED CONTRACTORS. While You may use Our Services to initiate or pay for certain services provided by independent contractors or third-parties, including but not limited to kitchen installation (collectively, “Contractor Services”), please be aware all such transactions, Contractor Services, and agreements, whether conducted via the Site, Our Services, or otherwise, are between You and the “Independent Contractor” tasked with performing the Contractor Services. You understand and agree You are entering into a separate agreement with any such Independent Contractor, and SBKS does not have any control over the manner in which any Independent Contractor provides the Contractor Services to You. Except as specifically detailed in this Agreement or the Kitchen Plan, as limited under this Agreement, You agree AND CONSENT SBKS has no liability for Independent Contractor conduct or actions, or for damages associated with Independent Contractor conduct or in any way related to the Contractor Services (which may include bodily injury, serious bodily injury, damage to property, or death).

• 1.9.1 You are Solely Responsible for Evaluating Independent Contractors and Contractor Services. You acknowledge and agree You are solely responsible for evaluating the suitability and qualifications of Independent Contractors for performing the Contractor Services, including but not limited to their suitability to Your needs.
• 1.9.2. Risks of and Non-Liability in the Contractor Services. By using or participating in Contractor Services, You agree and understand:

• • You have voluntarily chosen to participate at all times within the Contractor Services and may stop at any time.
  • You or Your property may be exposed to dangers, risks, or hazards of the Contractor Services or participating in them.
  • These dangers, risks, and hazards could result in physical harm to You or Your property, and even death.
  • You should discuss these risks and anything else You deem relevant with the Independent Contractor, and obtain all information related to the risks and benefits of the Contractor Services.
  • SBKS does not assume, and specifically disclaims any responsibility for any issues related to Your use of or participation in the Contractor Services.
  • SBKS cannot and will not provide medical care or monetary reimbursement related to Your use of Contractor Services.

1.10 DISCLAIMER. All products You or We purchase from third-party manufacturer, or otherwise use in Your Kitchen Plan on in the Services, may be subject to the manufacturer’s own terms and conditions. You agree You have reviewed any such terms and conditions prior to finalizing any order or making any purchase through Our Site or Services.

1.11 EXPIRATION OF IKEA PLAN. Any Kitchen Plans used for any of Our Services must have been created in the prior 365 days. We will not use Kitchen Plans designed more than one year prior to the Services.

 

2.  ORDERS

2.1 All fees are due prior to the start of any Services. To use the Services, You must be legally permitted to enter into a binding contract (at least 18 years old in most jurisdictions). To the extent the Services, or any portion thereof, are made available for a fee, You will be required to provide SBKS information regarding Your credit card or other payment instrument. You represent and warrant such information is true and that You are authorized to use the payment instrument. If You dispute any charges, You must let Us know within thirty (30) calendar days after the date We charge You. All fees and prices will be listed and charged in association with the specific Service being offered, the amount of which may change from time-to-time. We reserve the sole and exclusive right to change Our prices without limitation or any notification to You. Your continued use of the Services after the price change becomes effective constitutes Your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on SBKS’ net income.

2.2 While We will use Our best efforts to promptly and reasonably fulfill every order, SBKS cannot guarantee the availability of all Services at all times. SBKS reserves the right to discontinue the sale of Service, including but not to as listed on the Site, at any time without notice. The availability of SBKS’ Services are subject to change at any time. SBKS does not make any representations or warranties regarding the availability of Services in all areas. SBKS shall have the right to refuse or cancel any orders for Services listed at an incorrect price or containing any other incorrect information. SBKS shall have the right to refuse or cancel any orders whether or not the order has been accepted by SBKS and Your payment has already occurred. SBKS shall promptly issue a credit or refund for any payment amounts already made for cancelled orders. SBKS reserves the right to limit the quantity and availability of Services in all means, including but not limited to time and place, and may offer varying Services in varying places. Any prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States. These prices do not include shipping and handling or sales taxes, if applicable, which will be added to Your total invoice price, if applicable. Any applicable, personal taxes and fees, including but not limited to shipping and handling charges and state and local sales or use taxes, shall remain Your sole and exclusive responsibility.

2.3 We reserve, and You agree We have, the right to assess late fees and administrative charges equal to 5% of any total amounts owed or past due (with a minimum of $5.00) more than 30 days after the due date listed in any applicable invoice.

 

3.  YOUR REGISTRATION OBLIGATION.

You may be required to register with SBKS in order to access and use certain features of the Services. In submitting any information to SBKS or Our Site, or otherwise in connection with the use of Our Services, You agree at all times to: (a) provide true, accurate, current and complete information about Yourself, including as prompted by Our registration forms (collectively, the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

You must be at least 18 years old to use the Services without adult supervision. In consideration of Your use of Our Services, You represent You are of legal age to form a binding contract and are not a person barred from using or receiving Our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Site. If You are between the ages of 13 and 18 years old, You may only use or access Our Site with the approval of Your parent or legal guardian. In consideration of the use or access to Our Site or Services You specifically agree that if You provide any information that is untrue, inaccurate, not current, incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or if You otherwise fail to meet any of the above, applicable elements, SBKS has the unlimited and exclusive right to suspend or terminate Your account and refuse any and all current or future use of Our Site or Services (or any portion of them).

 

4.  ​SBKS PRIVACY POLICY

Registration Data and certain other information about You, as more fully described in Our Privacy Policy, is subject to Our Privacy Policy. For more information, see Our full Privacy Policy at www.sbkspro.com/privacy/. You understand that through Your use of Our Site or Services, You consent to the collection and use (as set forth in Our Privacy Policy) of this information, including the transfer of this information to the United States or other countries for storage, processing, and use by SBKS and its related third-parties and affiliates.

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5.  ACCOUNT, PASSWORD, AND SECURITY.

As part of the Services, You may receive a password and account designation. You are responsible for maintaining the confidentiality of Your password and account, if any, and are fully responsible for any and all activities that occur under Your password or account. You agree to: (a) immediately notify Us of any unauthorized use of Your password or account or any other breach of security; and (b) ensure that You exit from Your account at the end of each session when accessing the Services. The SBKS Parties will not be liable for any loss or damage arising from Your failure to comply with this Section.

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6.  MODIFICATIONS TO SERVICES.

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree the SBKS Parties will not be liable to You or to any third-party for any modification, suspension, or discontinuance of the Services, other than as specified in this Agreement.

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7.  GENERAL PRACTICES REGARDING USE AND STORAGE.

You acknowledge SBKS may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained and the maximum storage space that will be allotted on Our or Our agents’ or business partners’ servers on Your behalf. You agree the SBKS Parties do not have any responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded as part of the Services. You acknowledge SBKS reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge SBKS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

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8.  MOBILE SERVICES.

The Services includes certain services that are available via a mobile device (collectively, the “Mobile Services”). To the extent access to the Services is through a mobile device, wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, You agree We may communicate with You regarding SBKS and other entities by SMS, MMS, text message, email, or other electronic means to Your mobile device and that certain information about Your usage of the Mobile Services may be communicated to us. In the event You change or deactivate Your mobile telephone number, You agree to promptly update Your account information to ensure Our messages are not inadvertently sent to the person that acquires Your former telephone number.

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9.  USER CONDUCT.

You understand that all information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not SBKS, are responsible for all Content You upload, post, publish, email, transmit or otherwise use during or via the Services. You understand We may share Your publicly posted Content. We may also use this information and Your contact information (name, email, address) for educational purposes including but not limited to sharing educational information with You, or for sharing Your Publicly-Available Information as educational examples in lectures or meetings. Under no circumstances will the SBKS Parties be liable in any way for any Content, including, but not limited to, offensive, indecent, or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Our Services by You or any third-party.

You agree not to use Our Services to:

• upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• harm minors in any way; including soliciting personal information from anyone under the age of 18;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Our Services;
• upload, post, email, transmit, or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (collectively, the “Rights”) of any person or entity;
• upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
• interfere with or disrupt Our Services, or servers or networks connected to Our Services, or disobey any requirements, procedures, policies or regulations of networks connected to Our Services;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
• provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• “stalk” or otherwise harass another; or
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You acknowledge We may or may not pre-screen Your Content, and that the SBKS Parties and their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site or Services. Without limiting the foregoing, SBKS and its designees shall have the sole and exclusive right to remove any Content that violates these T&C or is otherwise objectionable. You agree You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of it.

  

10.  SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT/IMPORT COMPLIANCE.

Recognizing the global nature of the Internet, You agree to comply with all applicable rules and laws regarding online conduct and acceptable content. Use of the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations: see  https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear) and sanctions control programs of the United States (see https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, You represent and warrant that You: (a) are not a prohibited party identified on any government export exclusion lists (see https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

 

11.  COMMERCIAL USE.

You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, intellectual property or other information used as part of the Services, use of the Services, or access to the Services.

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12.  REFUND REQUEST AND PAYMENT PROCEDURES.

In the event that You are dissatisfied with Our Services, You may request a refund, which, at Our sole and exclusive discretion, may be granted and may constitute a refund in an amount up to the full amount You paid to us. If You are requesting a refund, You must submit a claim by email at: [email protected]. The email must contain the following information: (i) the words “Refund Request” in the subject line; (ii) a copy of the subject receipt; (iii) a detailed reason for the refund request; and (iv) Your name and contact information. Failure to provide the request and other information as required above will disqualify Your request for a refund. All approved refunds will be issued within thirty (30) calendar days of approval.

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13.  SERVICE CONTENT, SOFTWARE, AND INTELLECTUAL PROPERTY.

You acknowledge and agree the Services may contain content or features (the “Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SBKS, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to Your own content that You legally upload to Our Site or apps. In connection with Your use of the Services, You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If You are blocked by SBKS from accessing Our Site or the Services (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. Our names, logos, videos, images, and the like are Our intellectual property. Nothing in these T&C or the Services may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Our intellectual property without Our prior written permission in each instance.

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14.  USER CONTENT TRANSMITTED THROUGH OUR SERVICES.

With respect to any content or other materials You provide as part of Your participation in the Services, upload through Our Site, or share with other users or recipients, You represent and warrant You own all right, title and interest in and to such content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any content, or by using the Services in connection with any content You grant the SBKS Parties and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use that content. You may at any time request Us to cease using any of Your information, as consistent with Our Privacy Policy. You acknowledge and agree any questions, comments, suggestions, ideas, feedback or other uploaded information (collectively, the “Submissions”) provided by You to SBKS is non-confidential, and We will be entitled to the unrestricted use of it, as well as to the dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You or any third-party.

You acknowledge and agree SBKS may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these T&C; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the SBKS Parties, their users, or the public.

You understand the technical processing and transmission of the Services, including Your content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Your agreement to these T&C constitutes Your consent to allow the SBKS Parties to store this content on its servers and on the third-party servers of their affiliates, agents, or commercial partners.

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15.  USE OF THIRD-PARTY WEBSITES.

The Services may provide, or third-parties may provide, links or other access to other sites and resources on the Internet, other sites, or other resources. SBKS has no control over such sites and resources, is not responsible for, does not endorse, and is not liable for any content, event, advertising, products, goods or services, or other materials on or available from such sites and resources. You acknowledge and agree the SBKS Parties will not in any event be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, event, advertising, products, goods or services, or other materials on or available from such sites and resources. In provision of the Services, SBKS uses third-party services. Each of these third-party providers maintains its own privacy policy and terms of service. We do not control and are not responsible for those privacy policies or terms of service. Please visit those sites to review their individual policies and terms.

 

16.  CLAIMS OF COPYRIGHT INFRINGEMENT.

SBKS takes claims of copyright and other intellectual property infringement seriously, and in accord with the Digital Millennium Copyright Act, and other statutes governing same. Claims of copyright infringement should be sent to [email protected].

 

17.  PARTIES’ RELATIONSHIP.

The use or access to the Site or Services in no way creates a fiduciary, agency, partnership, joint venture, or employment relationship between SBKS and any user. You do not have any authority to enter into contracts on SBKS’ behalf, or otherwise bind SBKS to any promises or obligations in any manner. You are individually and solely responsible for any fees, costs, expenses, or taxes incurred in relation to the Services or Your performance of any services or undertaking of any conduct related to the Services.

 

18.  MODIFICATIONS TO OUR SERVICES.

SBKS reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree SBKS shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Services (or any part thereof).

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19.  DISCLAIMER OF WARRANTIES.

YOUR USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SBKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, WORKMANLIKE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND CONFORMITY TO MODELS OR SAMPLES.

SBKS MAKES NO WARRANTY THAT: (I) ITS SERVICES WILL MEET YOUR REQUIREMENTS; (II) ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- OR DEFECT-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR RELATED TO THE SERVICES WILL MEET YOUR EXPECTATIONS. SBKS DOES NOT REPRESENT OR WARRANT THAT ANY GOODS OR SERVICES LISTED ON OR ACCESSED THROUGH THIS SITE OR OUR SERVICES WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN AT ANYTIME. SBKS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING ANY GOODS.

 

20.  WAIVER OF LIABILITY AND RELEASE.

By using Our Services, Site, or apps, You agree, understand, and VOLUNTARILY, SOLELY, AND EXCLUSIVELY ASSUME ALL RESPONSIBILITY FOR ANY AND ALL RISKS AND LIABILITIES TO YOU OR YOUR PROPERTY IN ANY WAY ASSOCIATED WITH THEM, WHETHER THOSE RISKS OR LIABILITIES WERE FORESEEN OR UNFORESEEN AND REGARDLESS OF WHETHER THEY ARE SPECIFICALLY IDENTIFIED IN THIS WAIVER AND RELEASE. IN NO EVENT SHALL SBKS BE LIABLE TO YOU FOR ANY SUCH RISKS OR LIABILITIES IN ANY WAY RELATED TO THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY changes to A job site, ANY ISSUES IN CONFORMITY OF GOODS TO YOUR WANTS OR PLANS, any CUSTOMER errors in ordering OR ORDERING INFORMATION, AND ANY ISSUE RELATED TO THE INSTALLATION OF YOUR KITCHEN 

YOU FURTHER IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND AGREE NOT TO SUE THE SBKS PARTIES, AND ANY OTHER SBKS REPRESENTATIVES FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, OR LOSSES OF ANY KIND (WHETHER EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER) IN ANY WAY RELATED TO OR WHICH COULD BE ASSERTED FOR YOUR PARTICIPATION IN, ACCESS TO, OR USE OF THE SERVICES, REGARDLESS OF WHO CAUSED SUCH LIABILITIES OR WHETHER THE LIABILITY ARISES IN NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, OR ANY OTHER LEGAL CLAIM.

 

21.  INDEMNIFICATION.

You promise to indemnify, hold harmless, and defend the SBKS Parties, as defined above, against any and all claims (regardless of the nature of the claim), losses, liabilities, expenses, damages and costs, including, without limitation, attorney fees, arising from or relating in any way to Your use of the Site or the Services, any violation of these Terms of Use, or any violation of law or the rights of any third-party.

 

​22. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE SBKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SBKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CLAIM OR CAUSE OF ACTION, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY ACTS, OMISSIONS OR OTHER CONDUCT THIRD-PARTIES ON THE SERVICES, INCLUDING BUT NOT LIMITED TO INDEPENDENT CONTRACTORS AND INSTALLERS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL SBKS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SBKS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100 (U.S.)).

You acknowledge and agree any disputes related to the kitchen cabinetry or other goods or products related to the Services must be resolved directly with the supplier. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE T&C, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES,” “WAIVER OF LIABILITY AND RELEASE,” INDEMNIFICATION,”  AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE USED ONLY AS PERMITTED BY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF ANY APPLICABLE STATE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

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23.  DISPUTE RESOLUTION BY BINDING ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Agreement to Arbitrate: This Section “Dispute Resolution By Binding Arbitration” is referred to in these T&C as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between You and the SBKS Parties, whether arising out of or relating to these T&C (including any alleged breach thereof), the Services, any advertising, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that You may assert individual claims in small claims court, if Your claims qualify. You agree that, by entering into these T&C, You and SBKS are each waiving the right to a trial by jury or to participate in a class action. You are also waiving Your right to seek punitive damages or appeal any final arbitration award, except as legally permitted in a court of appropriate jurisdiction. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND SBKS EACH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SBKS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, EITHER THROUGH CLAIMS OR COUNTERCLAIMS, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association (the “AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. The arbitrator must also follow the provisions of these T&C as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Unless SBKS and You agree otherwise, any arbitration hearings will take place in Los Angeles, California.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

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24.  TERMINATION OF SERVICES.

You agree SBKS, in its sole discretion, may suspend or terminate Your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if SBKS believes You have violated or acted inconsistently with the letter or spirit of these T&C. You agree any termination of Your access to the Services under any provision of these T&C may occur without prior notice, and You acknowledge and agree SBKS, in its sole and exclusive discretion, may immediately deactivate or delete Your account and all related information and files in Your account or bar any further access to such files or the Services. You further agree SBKS will not be liable to You or any third-party for any termination of Your access or use of the Services, except as provided in this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Services may be referred to appropriate law enforcement authorities.

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25.  GENERAL.

These T&C constitute the entire agreement between You and SBKS and govern Your use of the Services, superseding any prior agreements between You and SBKS with respect to the Site and the Services. These T&C and all legal actions flowing or in any way related to the Services or these T&C are governed by the laws of the State of California without regard to its conflict of law provisions. The failure of SBKS to exercise or enforce any right or provision of these T&C will not constitute a waiver of such right or provision. Notwithstanding the above Arbitration Agreement, if any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these T&C remain in full force and effect. You agree regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in arbitration, judicial proceedings, or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these T&C without the prior written consent of SBKS, but SBKS may assign or transfer these T&C, in whole or in part, without restriction. The section titles in these T&C are for convenience only and have no legal or contractual effect. Notices to You may be made via either email or regular mail. The Services may also provide notices to You of changes to these T&C or other matters by displaying notices or links to notices generally on the Services.

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26.  QUESTIONS, CONCERNS, OR SUGGESTIONS?

Please contact Us at [email protected] to report any violations of these Terms and Conditions or to pose any questions regarding them or the Services, or at:

South Bay Kitchen Solutions, Inc.

Principal Office:

703 Pier Ave., Ste. B #373

Hermosa Beach, California 90254

(800) 972-5776

 

Showroom:

2100 N. Sepulveda Blvd.

Manhattan Beach, CA 90266

 

We Are Excited To Work With You On Your Kitchen Project & Can’t Wait To Get Started!

 

Here are some things that you should know…

We hate contracts and fine print, but it is important to us that you understand the service that you are purchasing from South Bay Kitchen Solutions and what is included. Please note that this letter is to lend itself to full transparency and customer communication. We like to be an open book. 

For our full terms and conditions please visit: sbkspro.com/terms/

 

Planning and Revisions

Reviewing Your Plans – Before signing your final plans, please be sure that all of the stakeholders for the project have reviewed and approved the plans. If your spouse, significant other, designer, contractor, mother, father, rich uncle, or pet therapist are going to have a say, then please make sure they have also checked and approved the plans.  Once your plans are signed, it is considered finalized on behalf of all parties.

Revisions – You are entitled to three revisions, prior to signing and finalizing your plans.  Three revisions are included in your Planning Appointment and come at no additional charge. Your third revised plan will be sent as a “Final” plan.  Any changes or revisions made after this point will require a $99 payment per round of revisions. 

To ensure clear communication, all requested changes to your plan must be submitted in writing to your planner and we ask that you please include our office in the thread via:  [email protected]

While most revisions can be completed within 48hours, we ask that you please allow the Planner 2-3 business days to submit your revision.  

Expiration date – Please note that plans expire after one year from the booking date of your planning appointment.  Any revision requests, included or in addition to your planning appointment, must be submitted within the year. After one year, your plans are expired, therefore any revision requests made postdate will constitute a new planning appointment and any cost and terms that are associated with a new appointment.  Why? The reason we do this is because any revision requests received after the expiration date will require a planner to re-create your plans from scratch, this is why we consider it a new appointment after a year.

 

Approved and Finalized Plan

Finalizing Your Plans – Once you are happy with your final plan, a signature is required. Your plan will contain a floorplan, elevations and a partial parts list.  We will also submit your plans to a reputable installer to provide you with an estimate for the installation of your cabinets.  We are happy to help you with purchasing your cabinets for a one-time fee as part of our personal shopping offer. 

Personal Shopping and Installation Offers – Please note that we will not proceed with Personal Shopping Services or Installation Estimates without receiving a signature on finalized plans.  We are eager to get your project going; our signature requirement is simply to ensure that all revisions are complete, and your project is ready to move forward.

 

What’s Not Included?

We love to be here for you, but we also want you to know what is not included in our offering so there are no surprises:

Interior Design– The fee you pay is for a kitchen layout only. SBKS Kitchen Planners are not Interior Designers and do not make recommendations on fixtures, paint color, flooring, tile, etc.  If you choose to hire a designer, we are more than happy to work in tandem with them.

Ordering of Kitchen Cabinets–   If you choose to order an IKEA and/or Semihandmade Kitchen it is your responsibility to take the finalized plan to the store and order those items and coordinated delivery of those goods. That is, unless you ordered our Personal Shopping Services: We do offer an additional service where we can build your shopping cart on your behalf. Our office can send you additional information on our personal shopping offer if you would like more information.

Appliances, fixtures, counter-tops – We do not supply these items, but we will be happy to put you in touch with some excellent referrals!  While we do not provide counter-tops, flooring, etc. we know some wonderful companies that do and that we love to work with because clients seem to like them a lot too! Please send in a request at [email protected] and we will put you in contact with reputable referrals for the items you are seeking.  Please note that regional limitations may apply.

Installation Support – The purpose of your plan layout is an artistic rendering to help you envision your new kitchen. This drawing IS NOT TO BE USED as an installation guide. Your contractor is responsible for verifying everything in the field prior to installing any cabinets. SBKS will not be held responsible for any charges associated with cabinets installed per the Finalized Kitchen Plan. We also do not work with your contractors or meet with them on site.  Please know that SBKS is not your general contractor but rather we are referring you to a reputable installer, therefore when your kitchen is installed you are entering into a separate agreement and contractual relationship with that independent contractor. We highly recommend you use one of our recommended installers, if not be sure that your contractor is:

*Licensed            *Insured              *Has experience installing IKEA/SHM Kitchens (If applicable)

 

Some Important Additional Info:

 Business Hours – All communication with our office occurs during posted business hours only. Any calls/texts/emails/comments/webchats posted after 5:00PM will be answered the next business day.  Our business hours are M – F (9am – 5pm). 

Please note that the availability of our Kitchen Planners is subject to change according to in-field demands.  Planners will usually respond within 24hours; however, we ask that you allow for a 48hour response time.

Measurements – We warranty the measurements as made at the time of your in-home planning appointment. We accept no responsibility for changes made at the job site by contractors or any errors made by the customer in ordering.  There is a $99 return trip fee should you request a Planner to return on site to re-measure a job site.  Similarly, please note that we are not responsible for inaccurate measurements from third party providers, such as from the client, a general contractor, etc.  If you have provided us your own measurements or are part of the remote planning service, we cannot accept liability for inaccurate measurements.

 

Phew… that’s it! Ok, ok We know it’s a lot, we just want to be open and honest, so if you still have questions please contact us!  And please see our full Terms & Conditions for more!

 

Thank you kindly,

~The SBKS Team

800.972.5776

[email protected]

The Fine Print:

Here are some things that you should know…

We hate contracts and fine print, but it is important to us that you understand the service that you are purchasing from South Bay Kitchen Solutions and what is included. Please note that this letter is to lend itself to full transparency and customer communication. We like to be an open book. 

For our full terms and conditions please visit: sbkspro.com/terms/

Your Purchasing Service, What Is Included?

We Will Fill Your Cart for You.

For a one-time flat rate, we create an itemized cart for IKEA and/or SHM on your behalf.  Once these carts have been created, we will send the cart link to you to.  You will then check-out and place payment for yourself.  The reason we do it this way is for two reasons:

First, it is for full transparency.  We want you to be able to see that we are not making any additional profit or marking up your IKEA and/or SHM purchase.  We do not sell or resell IKEA and/or SHM products, we prepare the order and submit it on your behalf and arrange secure payment between you and IKEA and/or SHM directly.

Second, its so that you get the sale prices!  We want you, the customer, to receive any sale prices or discounts that these companies may be offering at the time of purchase.  Also, this affords you the opportunity to gain any CC rewards that may be gained by making the purchase directly.  After your payment with IKEA and SHM has been placed we will coordinate with these companies to keep you up to date on your delivery date(s).

Shipping times and updates:

IKEA: Please note that IKEA products are Ready to Ship items that will usually ship within 1-2 weeks. 

Semihandmade:

SHM as a curated provider will custom make your order, therefore delivery times are closer to 3-5 weeks. (Similarly, please note, that SHM provides tracking information once the order has been completed from the factory, not at the time the order is placed, therefore there will be a delay between confirmation of your order and receiving tracking information.)

Extra Materials:

It’s good to know what to expect, please know that there will be left over pieces! 

This can come as a surprise, but regardless of who places your order, you are likely to have some additional pieces left over.  Please note, that this is common practice and there is no refund included for spare pieces.  Spare items are ordered to help keep your project on track. 

We are happy to talk about it: 

We suggest that you review your cart and ask any questions that you may have upfront.  We are happy to go over your cart(s) it with you prior to placing your order.

Delivery Details, When Your Items Arrive:

How to check-in your delivery(s):

Make yourself available, receiving and checking-in your items upon arrival is your responsibility.  You will need to go through your items prior to install.  If you would like help with this process, please reach out to our office regarding our Check-In Services.

To DIY, please use this complimentary check list to get it done right:

• Take pictures of your IKEA and SHM Deliveries BEFORE opening them!

In the unfortunate circumstance that an item has been damaged, IKEA and/or SHM will likely want to know if it was a delivery issue or a factory issue, in order to determine this, they will need pictures of the packages prior to opening to determine cause. 

So please be diligent and take pictures before opening!

• Be sure to open your delivery within 3 days of arrival & let us (SBKS) or the company (IKEA and/or SHM) know right away!

Damaged items:

Mistakes happen, we want to help, here is what you need to know: 

If you happen to receive any damaged items, you will need to file a claim with the company (IKEA and/or SHM).  In order to file a claim with either company they will need pictures of the following:

– The package the item(s) arrived in

– The damaged panel(s) or item(s)

– The item(s) skew number and/or label.

Please let us know if you do receive any damaged items, while it is ultimately up to IKEA and SHM how this is handled, we are happy to help communications and file the claim on your behalf.

Replacement item(s):

Please note that once a file has been claimed and approved, replacement parts and panels will usually take 2-5 weeks to arrive.

Installation return trip fee:

Once your replacement items have arrived, it is likely and common practice that the installer will charge a return trip fee to return on site to install the replacement piece(s).  This fee is not set by SBKS, IKEA and/or SHM, this fee is set by the installer and is the responsibility of the client. 

 So, now you may ask yourself:  Am I a SBKS client, or an IKEA/SHM client?

The answer is both.

Purchasing service, we can aid you in your purchase, we can fill your cart, help communications but at the end of the day it does not absolve you of being an IKEA and/or a SHM customer, therefore, please check out their terms and conditions as well:

Semihandmade Terms & Conditions:

https://www.semihandmade.com/pages/terms-conditions

IKEA Terms & Conditions:

https://www.ikea.com/us/en/customer-service/terms-conditions/delivery-terms-and-conditions-pub7aa7b291

We hope this was helpful, we want to be clear, honest and make sure your expectations are in-line with our service offering(s).

Please do not hesitate to contact us should you have any questions!

Thank you kindly,

~ The SBKS Team