These terms and conditions are a legal agreement (“Agreement”) between you ("You" or "Your") and The Sharp Exchange LLC with a principal place of business of 1522 E. Capitol Dr., Shorewood, WI, 53211 ("The Sharp Exchange", “Knifey”, "We", “we” "us," or "our"), establishing terms and conditions under which You will submit information to, and rent kitchen knives (“Knife” or “Knives”) through our subscription service (“Subscription” or “Subscription Service”) and receive related services (“Services”) from, The Sharp Exchange LLC via our website at https://knifey.com (the "Website").
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY SIGNING UP FOR OUR SERVICE AND INPUTTING YOUR CREDIT CARD DETAILS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT SUBSCRIBE TO OUR SERVICE.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE SUBSCRIPTIONS TO SERVICES PROVIDED AFTER THE DATE OF SUCH CHANGE. PRIOR TO ANY CHANGES IN TERM, YOU WILL BE NOTIFIED OF CHANGES AND WILL HAVE ABILITY TO CANCEL YOUR SUBSCRIPTION.
NOTICE TO CONSUMERS: THE SUBSCRIPTION AGREEMENT WILL CONTINUE UNTIL YOU CANCEL YOUR SUBSCRIPTION. THE SUBSCRIPTION MAY BE CANCELLED AT ANY TIME. PAYMENTS ARE NON REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. YOUR CREDIT OR DEBIT CARD WILL BE CHARGED AS SET FORTH IN THE PRICING SCHEDULE IN EXHIBIT A, BASED ON YOUR CHOSEN PLAN(S). THE AUTOMATIC RENEWAL TERM IS CONTINUOUS, AND YOUR CARD WILL CONTINUE TO BE CHARGED EACH MONTH UNTIL YOU CANCEL. THERE IS NO MINIMUM PURCHASE OBLIGATION.
1. General; Rental Not Purchase; Adult Agreement Required.
No Subscriptions may be entered into by anyone under 18 years of age, or any other person not legally capable of entering into a contract. Our Knives may not be used by any person under 18 years of age, nor by any person incapable of using knives in a safe and proper manner.
2. Subscription Fees; Credit Card Authorizations; Cancellations.
The Subscription fee (“Subscription Fee”) for the Knives will be the monthly payment due based on the number of knives and sharpening frequency as defined on the Plans and Pricing page of our website and as set forth here in Exhibit A or your specific Subscription or sometimes defined by any discounts offered to you). We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Subscription Agreement, any price changes to your service will take effect following advance email notice to you.
Upon Your order for your Subscription, You hereby authorize us to charge your credit card for the Subscription Fee on a RECURRING basis whereby your card will be automatically charged every month. These charges will continue on a continuous basis each month until the subscription is cancelled by You. We will charge Your credit card the amount of the Subscription Fee immediately upon Your Subscription signup where you confirm and submit – “Check Out and Pay”.
Your Subscription may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. We will begin billing your credit card for the Subscription Fee at the end of the free trial period of your membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
In addition, at the commencement of Your Subscription, You hereby authorize The Sharp Exchange LLC to charge Your credit card for a replacement fee for the knives included in your Subscription as set forth in Exhibit A, plus any applicable sales taxes (“Replacement Fee”); provided that we will only charge the Replacement Fee in the circumstances set forth in Section 4 below.
Subscription Fees exclude all federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by The Sharp Exchange LLC, shall be reimbursed by The Sharp Exchange LLC in connection with Your Subscription order.
You may cancel your subscription at any time by logging onto your account at www.knifey.com, locating your subscription, and following the cancellation prompts. You must cancel Your Subscription at least THREE (3) BUSINESS DAYS prior to the renewal of your Subscription to avoid being charged for the subsequent month. Canceling account post renewal date or within 72 hours of the renewal will result in your account being charged for an entire month of Subscription. You understand that by purchasing our Subscription, you authorize us to continue your membership automatically, charged monthly to the payment method provided until you cancel.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
3. Our Offering.
All of our knives will be professionally sharpened when delivered to the consumer. Sharp knives must be handled with the utmost of care, and extreme caution should be practiced while using our knives. While our knives will be cleaned prior to shipping to the customer, we recommend washing the knives before use to remove any residue that could result as a part of the shipping process. Use of our knives is at your own risk and The Sharp Exchange LLC shall not be held liable for any injury or health-related complaints associated with a product provided as a part of our Subscriptions.
d. Return Packaging
Our first shipment will arrive in packaging that can be used to return the knives upon cancellation of a Subscription. These packaging materials should be retained for later use to return the knives. Upon cancellation, a prepaid shipping label to be used with the original packaging materials will be provided electronically by The Sharp Exchange LLC for You to print and ship back the knives. To the extent that the initial packaging was not retained for shipping, You can request appropriate packaging materials be sent to you at Your expense (packaging materials plus costs to ship the materials to you).
4. Your Commitments to Us; Payment of Replacement Fee.
THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
5. Limitation of Liability.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be Milwaukee, Wisconsin. Wisconsin law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Results of arbitration are binding. Each party agrees to bear its own attorneys fees and cost of arbitration.
This Agreement constitutes the entire agreement between You and The Sharp Exchange LLC. with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by The Sharp Exchange LLC. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflicts of laws principles. You shall not assign this Agreement without The Sharp Exchange LLC’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder.
Sections 1, 2, 3, 4, 5, 6 and 7 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. The Sharp Exchange LLC shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
AGREEMENT UPDATED 10/23/17
EXHIBIT A: PLAN PRICING, REPLACEMENT FEE OF KNIVES
SUBSCRIPTION PLAN PRICING:
Single Knife Sharpened 1X per Year: $5.99 per month
Single Knife Sharpened 2X per Year: $7.99 per month
Single Knife Sharpened 3X per Year: $9.99 per month
3 Knife Set Sharpened 1X per Year: $8.99 per month
3 Knife Set Sharpened 1X per Year: $11.99 per month
3 Knife Set Sharpened 1X per Year: $14.99 per month
5 Knife Set Sharpened 1X per Year: $11.99 per month
5 Knife Set Sharpened 1X per Year: $14.99 per month
5 Knife Set Sharpened 1X per Year: $18.99 per month
REPLACEMENT FEE FOR KNIVES:
8 Inch Chef Knife: $75.00
Santoku Knife: $75.00
Serrated Bread Knife: $75.00
Utility Knife: $50.00
Paring Knife: $50.00