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.
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.
1.3 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.
1.5 IKEA/Semihandmade Personal Shopping Service (the “Personal Shopping Service”).
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).
1.10 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.
2.1 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).
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.
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.
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.
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.
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:
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.
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.
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.
14. USER CONTENT TRANSMITTED THROUGH OUR SERVICES.
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.
15. USE OF THIRD-PARTY WEBSITES.
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).
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.
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.
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.
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.
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.
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.
703 Pier Ave., Ste. B #373
Hermosa Beach, California 90254
2100 N. Sepulveda Blvd.
Manhattan Beach, CA 90266
A. Information We Collect
We collect information to provide better Services to Our users, clients, and consumers and so We can make decisions about ways to make Our consumer community better. When You interact with SBKS through Our Services, Site, and apps, We may collect personally identifiable information (“Personal Data”) and other information from You, as further described below. We may use this information for registration and administration of Your account, processing Your orders, for communications with You, Your participation in research and surveys, customer support and technical assistance, anything You upload or post to or through the Services or Site, and for employment applications You submit. The type of information We collect will depend on the manner in which You use Our Site and Services.
To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page.
B. Do Not Track Disclosure
“Do Not Track” (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing You with meaningful choices about the information collected on Our website for third-party purposes. We therefore provide a variety of opt-out mechanisms listed above. However, We do not currently recognize or respond to browser-initiated DNT signals. Please visit the Future of Privacy Forum’s website for more information on Do Not Track.
C. How We Use Information We Collect
We use the information We collect to provide, maintain, protect, and improve Our Services, to develop new Services, and to protect SBKS and Our users. We also use this information to offer You tailored content, like giving You more relevant search results and ads. We use information collected from cookies and other technologies to improve Your user experience and the overall quality of Our Services. We use user contact information (name, email, address) for educational and promotional purposes, such as sharing offers and new techniques and other educational information with You. If You provide Personal Data to obtain access to the Site or Our Services, We will use Your Personal Data to provide You with access to such Services and to monitor Your use of such Services. SBKS and its affiliates may use this information to contact You in the future to tell You about Services We believe will be of interest to You. Each marketing communication We send will contain instructions permitting the recipient to “opt-out” of receiving future marketing communications. In addition, if at any time You wish not to receive any future marketing communications or You wish to have Your name deleted from Our mailing lists, please contact Us as indicated below.
D. Our Disclosure of Your Personal Data and Other Information
We do not sell Your information. We consider this information to be a vital part of Our relationship with You. There are, however, certain circumstances in which We may share Your Personal Data with certain third-parties without further notice to You, as discussed above and set forth below:
F. Your Choices.
b. Privacy Information for California Residents. If You are a California resident, California law requires Us to provide You with some additional information regarding how We collect, use, and share Your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
c. Privacy Information for Nevada Residents. Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity. If You are a Nevada resident who has purchased Services from us, however, You may submit a request to opt out of any potential future sales under Nevada law by emailing Us at [email protected]. Please include Your full name, email address, and residential address associated with Your use of Our Services, along with the rights You would like to exercise, so that We can process Your request in an efficient manner. Please note We will take reasonable steps to verify Your identity and the authenticity of the request. Once verified, We will maintain Your request in the event Our practices change.
H. Children Under the Ages of 16 or 13
I. Links to Other Websites
J. Protection and Security of Personal Data
SBKS takes reasonable steps to protect the Personal Data provided via Our Site and Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. No Internet or email transmission, however, is ever fully secure or error free. In particular, email sent to or from Our Site or Services may not be secure. We have no liability for disclosure of Your information due to errors or unauthorized acts of third-parties during or after transmission. If You create an account on Our Site, You are responsible for maintaining the confidentiality of Your account password and for any activity that occurs under Your account. Please notify Us of any unauthorized use of Your password or account.
Based on the foregoing, You should take special care in selecting Your password and in deciding what information You send to Us via email or the Internet. Please keep this in mind when disclosing any Personal Data to SBKS. If We believe that the security of Your Personal Data in Our care may have been compromised, We will attempt to promptly notify You within 72 hours. If We have Your email address, We may notify You by email using the most recent email address You have provided us. Please keep Your email address and other contact information in Your account up-to-date. You consent to Our use of email as a means of such notification. If You prefer for Us to use the U.S. Postal Service to notify You in this situation, please email Us at [email protected] (please include Your name, mailing address, and email address). You can make this election at any time, and it will apply to notifications We make after a reasonable time thereafter for Us to process Your request.
K. Other Terms and Conditions
Your access to and use of the Site and the Services is subject to the T&C located at: www.sbkspro.com/terms/.
N. Spam Policy
As You sign up for Services with us, You may be asked for Your email address, or initially contacted at Your email address provided through a public domain. This information is used to keep You informed of any changes in Your status with Our company or to occasionally pass on important information about Our Services or offerings. If You are using or have signed up to become a part of Our mailing list through utilization of an opt-in feature, Your information is used to keep in contact with You related to company or industry news, special offerings, upcoming events, or announcements from Our company. We maintain a strict ‘no-spam’ policy. Your email address, personal information, or mailing address will not be sold or rented to a third-party. If, at any time, You wish to be removed from Our distribution, customer, participation, or opt-in list, simply contact Us at [email protected]. Removals are usually completed within 72 hours. We strive to protect information transmitted, collected, stored, or received on behalf of SBKS.
O. Information Accessibility; Contacting SBKS
P. Contact Us
To communicate with Our Data Protection Officer, please email [email protected] with the subject line, “attn: DATA PROTECTION OFFICER.”
Attn: Privacy Department
South Bay Kitchen Solutions, Inc.
703 Pier Ave., Ste. B #373
Hermosa Beach, CA 90254
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
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.
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.)
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:
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!
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.
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:
IKEA Terms & Conditions:
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