Terms of service

Welcome to Khinkali Factory. The terms “we,” “us,” and “our” refer to Khinkali Factory. Khinkali Factory operates this website, including all related information, content, features, tools, products, forms, and services, in order to provide you, the customer, with a clear shopping and ordering experience (the “Services”).

The terms and conditions below, together with any policies referenced in these Terms, describe your rights and responsibilities when you visit, interact with, place an order through, submit a form through, or otherwise use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and responsibilities and cover areas such as order terms, product information, shipping, warranty disclaimers, and limitations of liability.

By visiting, interacting with, placing an order through, submitting a form through, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or place of residence, or that you have given us consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our website, placing an order, submitting a form, requesting food truck or catering services, or inquiring about retail partnership opportunities, you may be asked to provide certain information, such as your name, email address, phone number, billing information, payment information, shipping address, event details, or other information related to your request.

You represent and warrant that all information you provide through the Services is accurate, current, and complete, and that you have all rights necessary to provide this information.

If account features are available, you are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

We make every effort to provide accurate information and representation of our products and services on our website. However, product photos, colors, packaging, size, texture, and appearance may vary slightly from how they appear on your screen due to your device type, display settings, lighting, photography, or product preparation.

We do not warrant that the appearance, taste, texture, or quality of any product or service purchased by you will meet personal expectations or be exactly the same as depicted, photographed, described, or displayed on our website.

All product descriptions, prices, availability, packaging, ingredients, and other product information are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products or services offered to any person, geographic region, or jurisdiction on a case-by-case basis.

When you place an order through the Services, you are making an offer to purchase. Khinkali Factory reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance and process the order.

We must receive and process your payment before your order can be accepted, prepared, shipped, or delivered. Please review your order carefully before submitting it, including product selection, quantity, shipping address, contact information, and delivery details. Because our products are frozen and perishable, we may be unable to accommodate cancellation or change requests after an order has been accepted, prepared, packed, or shipped.

If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, and/or phone number provided at the time the order was placed.

Your purchases are subject to returns, replacements, credits, or other resolutions solely in accordance with our Return & Refund Policy.

You represent and warrant that purchases made through the Services are for your own personal or household use and not for commercial resale, unauthorized distribution, or export.

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown during checkout and/or in your order confirmation.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, delivery, handling, or other charges that may apply at checkout.

Prices posted on our website may be different from prices offered at physical retail locations, food truck events, catering offers, wholesale agreements, or third-party stores. We may offer promotions from time to time that affect pricing. Such promotions may be governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, billing, shipping, and account information for all purchases made through the Services. You agree to promptly update your information, including your email address, phone number, billing address, shipping address, and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

• The payment information you provide is true, correct, and complete.
• You are authorized to use the payment method provided for the purchase.
• Charges incurred by you will be honored by your payment provider.
• You will pay all charges incurred by you at the posted prices, including shipping, delivery, handling, and applicable taxes, if any.

Shipping and delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays caused by shipping carriers, weather conditions, incorrect delivery information, missed deliveries, package theft, operational issues, or other events outside our control.

We currently ship within the United States only. Shipping options, delivery fees, estimated delivery times, and free shipping terms may be described on our website, during checkout, or in our Shipping Policy.

Because our products are frozen and perishable, it is your responsibility to provide a correct shipping address, monitor delivery updates when available, and bring the package inside promptly upon delivery.

Once an order is transferred to the shipping carrier or delivery provider, title and risk of loss may pass to you, except where otherwise required by applicable law. If your order arrives damaged, thawed, spoiled, or incorrect, please contact us in accordance with our Return & Refund Policy.

The Services, including but not limited to all trademarks, brand names, logos, text, product descriptions, displays, images, graphics, product reviews, video, audio, website design, layout, selection, and arrangement, are owned by Khinkali Factory, its affiliates, partners, licensors, or content providers and are protected by U.S. and applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, copy, or transmit any material from the Services without our prior written consent, except as permitted by applicable law.

Nothing in these Terms grants or should be interpreted as granting you any license or other rights under any trademark, copyright, trade name, trade dress, design, patent, or other intellectual property owned by Khinkali Factory or any third party.

Unauthorized use of the Services or any materials on the Services may violate federal, state, or other applicable intellectual property laws. All rights not expressly granted in these Terms are reserved by Khinkali Factory.

Khinkali Factory’s names, logos, product names, service names, designs, slogans, packaging, and other brand elements are trademarks or protected materials of Khinkali Factory or its affiliates, licensors, or partners. You may not use these trademarks or brand elements without our prior written permission.

All other names, logos, product names, service names, designs, and slogans appearing on the Services are the property of their respective owners.

You may be provided with access to tools, features, widgets, integrations, or services offered by third parties as part of the Services. We do not control, monitor, or have input over all third-party tools made available through the Services.

You acknowledge and agree that access to such tools is provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We are not liable for any issues, damages, or claims arising from or related to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should review and understand the terms and policies of the relevant third-party provider before using those tools.

We may also offer new features, tools, integrations, or resources through the Services in the future. Such new features will be considered part of the Services and will be subject to these Terms of Service.

The Services may contain materials, links, embedded content, widgets, maps, social media links, payment tools, or other functionality provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, security, or practices of any third-party materials, websites, platforms, or services you choose to access.

If you decide to leave the Services or interact with third-party websites, platforms, or tools, you do so at your own risk.
We are not liable for any harm, damages, losses, or claims related to your access to third-party websites or your purchase, use, or reliance on any products, services, resources, content, or information available through third-party websites or platforms.

Please review the applicable third party’s policies, terms, and practices carefully before you engage in any transaction or provide personal information. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: /privacy-policy.

By using the Services, you acknowledge that you have read and understand our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose, and protect personal information when you visit our website, place an order, submit a form, request catering or food truck services, inquire about retail partnership opportunities, subscribe to updates, or otherwise communicate with us through the Services.

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photos, messages, testimonials, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback in any medium for any purpose, including commercial, marketing, operational, and promotional purposes.
We may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Services, our products, food truck services, catering services, retail partnerships, and customer experience.

You represent and warrant that:

• You own or have all necessary rights to the Feedback you provide.
• You have disclosed any compensation, discount, incentive, or benefit received in connection with your submission of Feedback.
• Your Feedback complies with these Terms and applicable law.
• Your Feedback does not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

We are under no obligation to:

• Maintain your Feedback in confidence.
• Pay compensation for your Feedback.
• Respond to your Feedback.
• Publish or continue displaying your Feedback.

We may, but have no obligation to, monitor, edit, refuse, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, harmful, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

You agree that your Feedback will not contain unlawful, abusive, obscene, false, misleading, or harmful content, and will not contain any computer virus, malware, or other code that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy. We take no responsibility and assume no liability for Feedback submitted by you or any third party.

Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions. These may relate to product descriptions, ingredients, allergens, nutrition information, pricing, promotions, offers, product availability, shipping charges, delivery fees, transit times, store locations, catering information, event details, or other content.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, refuse service, or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after you have submitted an order.

We are not obligated to update, amend, or clarify information on the Services except as required by applicable law.

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

• For any unlawful, fraudulent, abusive, or malicious purpose.
• To violate any international, federal, state, provincial, or local laws, regulations, rules, or ordinances.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten our employees, representatives, customers, users, or any other person.
• To transmit false, inaccurate, or misleading information.
• To upload, download, use, or reuse any material that does not comply with these Terms.
• To transmit or procure the sending of any advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.
• To impersonate or attempt to impersonate another person, business, or entity.
• To interfere with or restrict anyone’s use or enjoyment of the Services.
• To engage in any conduct that, in our sole discretion, may harm Khinkali Factory, the Services, our customers, users, service providers, partners, or others, or expose them to liability.

In addition, you agree not to:

• Upload or transmit viruses, malware, or any other malicious code that may affect the functionality or operation of the Services.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our written permission.
• Collect, harvest, or track the personal information of others.
• Spam, phish, pharm, pretext, spider, crawl, scrape, or use automated tools to access the Services without authorization.
• Interfere with or circumvent the security features of the Services, any related website, other websites, or the internet.
• Attempt to gain unauthorized access to any part of the Services, accounts, systems, or networks connected to the Services.

We reserve the right to suspend, disable, restrict, or terminate access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.

We may terminate this agreement or your access to the Services, or any part of the Services, at our sole discretion at any time and without notice.

You will remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness,or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to the Services, or anyone who may be informed of the content.

Except as expressly stated by Khinkali Factory, the Services and all products and services offered through the Services are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied.

To the fullest extent permitted by applicable law, we disclaim all implied warranties and conditions, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free, or that any errors in the Services will be corrected.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.

To the fullest extent permitted by applicable law, Khinkali Factory, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential, or similar damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, or any similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
This limitation applies to claims arising from or related to:

• Your use of, or inability to use, the Services.
• Any products or services purchased, requested, or obtained through the Services.
• Any errors, inaccuracies, or omissions in content.
• Any loss or damage incurred as a result of using the Services.
• Any content, product, service, or information posted, transmitted, or otherwise made available through the Services.
• Shipping delays, delivery issues, temperature-related risks, or other circumstances outside our reasonable control, except where prohibited by applicable law.

This limitation applies even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Khinkali Factory, our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and representatives from and against any losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your breach of these Terms of Service or any policies incorporated by reference.
• Your violation of any applicable law, regulation, or rule.
• Your violation of the rights of any third party.
• Your access to or use of the Services.
• Any information, content, request, order, form submission, or Feedback you provide through the Services.

We will make reasonable efforts to notify you of any claim subject to indemnification. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by the delay.

We may control the defense and settlement of such claim at your expense, including the choice of counsel. We will not settle any claim requiring non-monetary obligations from you without your consent, which may not be unreasonably withheld.

You agree to cooperate in the defense of any indemnified claim, including by providing relevant information and documents.

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms of Service, and such determination will not affect the validity or enforceability of any remaining provisions.

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service, together with any policies, notices, or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and Khinkali Factory regarding your use of the Services.

These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

You may not delegate, transfer, or assign these Terms of Service, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted delegation, transfer, or assignment without our consent will be null and void.

We may transfer, assign, or delegate these Terms of Service and our rights and obligations without your consent or notice to you.

These Terms of Service and any separate agreements through which we provide the Services will be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.

You and Khinkali Factory consent to the venue and personal jurisdiction of the state and federal courts located in Colorado for any dispute arising out of or relating to these Terms or the Services, except where otherwise required by applicable law.

The headings used in these Terms of Service are included for convenience only and will not limit, define, or otherwise affect these Terms.

You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website.

It is your responsibility to check this page periodically for changes. Where required by applicable law, we will notify you of material changes to these Terms.

Changes will be effective on the date they are posted or on the date specified in the notice. Your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.