Legal

Terms of Use

Last updated June 13, 2011

Welcome to peppercornkids.com. Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").


Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.


Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.


Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.


Site Contents
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned and  controlled by the company VO Holdings dba PEPPERCORN KIDS.


The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.


Unless otherwise specified, the Site and the Contents are intended to promote PEPPERCORN KIDS branded products and services available in the United States. The Site is controlled and operated by Peppercorn Kids from its office in Bell Canyon, California.


User Comments, Feedback, and Other Submissions
PEPPERCORN KIDS is pleased to hear from customers and welcomes your comments regarding our products and services. Peppercorn Kids’  longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our company employees might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Peppercorn Kids may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Peppercorn Kids. Peppercorn Kids is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Peppercorn Kids has the right but not the obligation to monitor and edit or remove any Comments.


You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Peppercorn Kids or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Peppercorn Kids takes no responsibility and assumes no liability for any Comments posted by your or any third party.


Product Information
Many products displayed on the Site are available in select retail stores in the United States. Items purchased in these stores are subject to retailers own business policies and cannot be serviced in any way through this site. The prices displayed on the Site are quoted in U.S. Dollars.


Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).


Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.


Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of Peppercorn Kids. Peppercorn Kids has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site's users.


Disclaimer
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Peppercorn Kids expressly disclaims any duty to update or revise the materials on the Site, although Peppercorn Kids may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Peppercorn Kids shall not be liable for any damages of any kind related to your use of the Site.


Indemnification
You agree to defend, indemnify and hold Peppercorn Kids harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

 

Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Peppercorn Kids  agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) To Peppercorn Kids at: Peppercorn Kids, Attn : Legal , 9601 Owensmouth Ave., Unit 27, Chatsworth, CA 91311
(2) To you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Peppercorn Kids agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.


Choice of Law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Ventura and/or the Southern district of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Peppercorn Kids’ right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.


Termination
These terms are effective unless and until terminated by either you or Peppercorn Kids. You may terminate this Agreement at any time. Peppercorn Kids also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.


Privacy Policy
Last revised June 13,2011

 
Our Commitment to Privacy
Peppercorn Kids value our customers and respect your privacy. We collect information about you through our website in an effort to improve your shopping experience and to communicate with you about our products, services, contests and promotions. As described in this policy, we may share your information under certain circumstances, with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service.


This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If our information practices change, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears above. You may exercise your choices about how we collect and use your information consistent with this policy at any time.


If you have any questions about our privacy policy, please contact us via help@peppercornkids.com or by following link “Contact Us”on the site.

  • What kind of information does Peppercorn Kids collect?
  • How does Peppercorn Kids use my information?
  • Does Peppercorn Kids  shares my information?
  • How do I access or change my information?
  • How do I make choices about receiving promotional communications?
  • How does Peppercorn Kids protects kids' privacy?
  • How does Peppercorn Kids use cookies?
  • How do I know my personal information is secure?
  • What is "phishing"?
  • What about links to other websites?
  • How do I contact you?
  • Your California Privacy Rights


What kind of information do we collect?

We may collect personal information from you, such as your name, email address, postal address, phone number, credit card number, gender, birthday, personal interests, etc., when you visit our website, place an order online or by phone, save your information with us online, contact us with a question or concern, or participate in a contest, promotion, or survey. We maintain a record of your product interests and the purchases you make online or by phone. We may combine all of this information with information about you that we acquire from our joint marketing partners, from unrelated third parties, and from other brands.


How does Peppercorn Kids use my information?
We may use your personal information in the following ways:

  • To process and fulfill your order, including to send you emails to confirm your order status and shipment
  • To communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, and promotions, unless you have directed us not to contact you with promotional communications
  • To administer and fulfill our contests and other promotions
  • To help us learn more about your shopping preferences
  • To help us address problems with and improve our site design, products and services
  • To enhance your shopping experience
  • To analyze trends and statistics
  • To protect the security or integrity of our websites and our business
  • To contact you if necessary

You always have the choice not to receive marketing information or calls. For instructions on opting out, please see the section entitled, "How do I make choices about receiving promotional communications?"


Does Peppercorn Kids share my information?
We may share your personal information in the following ways:

  • We may share your information with our service providers who manage our customer information and perform services on our behalf, such as fulfilling promotions, sending communications to our customers, conducting surveys, etc. We do not authorize any of these service providers to make any other use or disclosure of your information.
  • We may share your information when we team up with another company to offer or provide products, services, contests, or promotions to our customers.
  • We may share information about you if necessary, in our good faith judgment, to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect the rights of Peppercorn Kids or others.

In the unlikely event of a sale or merger of Peppercorn Kids, our customers' personal information and other information we have collected as described in this policy may be among the transferred business assets.


How do I access or change my information?
You can review and change certain personal information related to your use of our online site (such as your name and contact information). To access your information at a Peppercorn Kids website, simply sign in to your account using your email address and password, and you will be able to edit your personal information in your account profile.
You can also ask us to update your personal information by contacting us though “Contact Us” link on the site or by emailing help@peppercornkids.com. Please note that any request to update your personal information may take up to 10 days for your email request.


How do I make choices about receiving promotional communications?
Peppercorn Kids want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information, such as information about special offers and sales events, you can let us know by contacting our customer service via help@peppercornkids.comPlease be sure to include your full name and the email address you used when you registered with or made a purchase from Peppercorn Kids. If you ask us to remove your name and address from promotional lists, we will maintain your name in a "do not contact" file to ensure that we can honor your request. It may take up to 10 days to process your email request.


If you change your mind, you can start receiving promotional communications from us again by logging into your online account and changing your preferences, by signing up when you visit our website or when you enter a sweepstakes or contest, or by contacting customer service.
Please note that when you make an online purchase from us, we will continue to confirm your order status and shipment by email. We may also need to contact you via telephone, email or postal mail with questions or information regarding your order.


To learn more about your rights as a consumer and to receive less national advertising mail, please visit the Direct Marketing Association at http://www.dmachoice.org/.


How does Peppercorn Kids protect kids' privacy?
Peppercorn Kids is concerned about the privacy and safety of children when they use the Internet. We will never knowingly request personally identifiable information online from anyone under the age of 13 without prior verifiable parental consent. Our website is general audience site and is not targeted to or intended for use by children.


How does Peppercorn Kids use cookies?

Our websites use "cookies," which are small data files that are stored on your computer when you visit a website. Cookies enable you to shop on our websites and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience.


For example, we may use cookies to enable you to use certain website features, remember the items in your shopping cart, store your preferences, recognize you when you return to our website, track your orders, and monitor and maintain information about your use of our website.


You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you will not be able to access your account information or make purchases on our website.


How do I know my personal information is secure?
We do our best to provide you with a safe and convenient shopping experience. We have in place certain physical, electronic, contractual, and managerial safeguards to protect the security and privacy of your personal information.
When you enter your personal information on our websites, we use Secure Sockets Layer (SSL) technology to protect your information as it is transmitted to us. To make sure you are accessing our secure server before you submit personal financial information, look at the lower left-hand corner of your browser. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. To double-check for security, look at the URL or Location line of your browser. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https."


If for any reason you cannot access the secure server, or if you're not quite comfortable shopping online at our website, please feel free to place your order with us by telephone: (818) 701-5103.


What is "phishing"?
"Phishing" is a scam designed to steal your personal information. If you receive an email that looks like it is from us asking you for your personal information, do not respond. We will never request your password, user name, credit card information or other personal information through email.


What about links to other websites?
For your convenience and information, our websites may contain links to other sites, which may have privacy policies that differ from our own. We are not responsible for the content or practices of any linked site. We recommend that you review the privacy policy of any site that you access through our sites.


How do I contact you?
For questions about our privacy policy, to make choices about receiving promotional communications, to update your personal information, or to place an order, you can contact us by email, tel, fax or mailing.


Peppercorn Kids- Customer Service
9601 Owensmouth Ave., Suite 27
Chatsworth, CA 91311

Tel: (818) 701-5103
Fax: (818) 701-5107
Email: Help@peppercornkids.com


Your California Privacy Rights
Beginning January 1, 2005, under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2005 will receive information regarding 2004 sharing activities).


To obtain this information, please send an e-mail message to help@peppercornkids.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.