1. ACCEPTANCE OF TERMS
Thank you for using www.coffeeisland.ca (“Website”). These of Use are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website whether as a guest or a registered user.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREΕ, DO NOT USE THE WEBSITE.
The purpose of the Website is to provide a simple, convenient and cost-effective service to supply any of the products (the “Products”) detailed on our Website to you. The supply of Products to you is strictly not for commercial or business use or resale consumers.
3. WEBSITE AVAILABILITY
Our Website offers an ordering and: a) pickup service from Coffee Island store in Toronto, (925 Bay St, Toronto, ON M5S 3L4, Canada, “Store”) or b) delivery service from Store throughout the continents of North America and South America. If you live outside the aforementioned delivery areas, a message will appear on screen notifying you that ordering online will not be possible.
4. SIGN UP
If you are a new user, you will need to enter an email address and create a user name and password. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address.
- Once you have found the desired product, you can add it to your shopping basket without obligation by clicking the button [Add to basket]. You can view the content of the shopping cart at any time by clicking the button [Basket] in the top right corner of the page. You can remove products from the cart by clicking on the button [Delete] at any moment. In order to purchase the products in your shopping cart, click on the button [Checkout]. Clicking the button [Next] will lead to the ordering page. Review all your ordering information once more making sure all specifications fit your requirements.
- Once you have set up an account, you will be directed to the (shipping confirmation/ delivery options) page where you may select the type of delivery.
- You will then proceed to the secure payment page where you may select the payment type and complete your order. Clicking the button [Purchase] will confirm your Order and complete the ordering process. This process can be aborted at any time by closing the browser window.
- When you place an order (“Order”) through our Website, an email thanking you for your Order and confirming your Order has been received (the “Confirmation Email”) will be sent to you by us. Once your Order has been accepted, this represents an agreement between you and the Store. In case the product ordered is not available, we will notify you immediately and suggest the delivery of a comparable product, if applicable. Should no similar product be available or should you not wish to receive a similar product, then you will be reimbursed for any payments already made. In case your Order quantities are greater than available units per item, one of us will contact you to assist with your Order.
By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts.
6. PRICE AND PAYMENT
The price of any Product will be listed on our Website. Prices are quoted in Canadian Dollar (CAD$). Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email.
Unless otherwise indicated, prices stated on our Website do not include any applicable Value Added Tax or other sales tax. The breakdown of any applicable VAT payable with your order is indicated on the invoice you will receive on supply/with the goods. VAT or other sales taxes may be charged where it is legally appropriate for us to do so.
The prices for the Products exclude any delivery costs, which will be added to the total amount due. Our delivery charges are as set out in these Terms and will be confirmed in the Invoice issued to you.
It is always possible that, despite our best efforts, some of the Products or delivery costs may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Products’ correct price or the delivery cost is less than our stated price, we will charge the lower amount when dispatching the Products to you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or send them to you at the incorrect (lower) price. If the Product’s correct price or the delivery cost is higher than the price stated in our Website or in these Terms, we will contact you as soon as possible to tell you about the error and we will give you the option of continuing to purchase the Products at the correct price or amending your delivery specification (where the mispricing relates to delivery charges), or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. We will refund you the full amount paid by you as soon as is reasonable if you have already made a payment to us.
You may pay by MasterCard, VISA, VISA Debit, VISA Electron and Maestro. Please ensure if you are using a credit card that you provide the card holder's name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in, and if applicable, your card will be charged according to the exchange rate at that time.
Every canadian dollar (excluding delivery charge) equates to 1 Loyalty Flower. The point is to reach the maximum 120 flowers. By doing so, you will receive in the Confirmation Email a free CDN$10.00 promotional voucher code to spend on the subsequent purchases made online. Υοu can redeem only one voucher per transaction. For our loyalty card program, please see here.
When ordering goods for delivery outside Canada you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please be aware that you must comply with all laws and regulations of the country in which you are receiving the goods.
8. DELIVERY OF GOODS
Delivery costs are additional to the displayed price and vary depending on the delivery service you select, the country of delivery and the quantity/weight of goods ordered.
Delivery charges will be confirmed to you, before your order is accepted.
If your order is particularly heavy, it may be subject to extra delivery charges. If any order is subject to extra delivery charges you will be advised of the additional cost before delivery of your order begins. You have the option to cancel the order if you do not wish to pay any additional delivery costs.
Please note we are currently unable to deliver to PO Boxes.
If you want to avoid any charges that would apply if we did deliver, you can collect your Order in the Store.
Please be aware that we will do everything to meet the specified delivery time, however the timing of your Order is determined by taking into account the number of orders and the circumstances being faced at that time and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected severe delay.
We reserve the right to make partial deliveries at our cost if not all ordered goods are in stock; in as far as this is reasonable for you.
In case any Order is delivered with obvious damages incurred during transport, please claim these defects immediately with the delivery company and contact us at your earliest convenience via e-mail at email@example.com.
Failure to file a complaint or notify us in a timely manner will not infringe on your statutory rights. However, it will help us validate our own claims toward the courier and/or transport insurance.
9. PRODUCT RETURNS
Returns General Policy
You have the right to return the purchased products without penalty and without the obligation to inform us for the reason you wish to return the products, within one (1) month from the date of receipt of the products. In that case, you shall be charged only with the return costs of the products. You can cancel any item ordered online in accordance with the terms in this section apart from any items which deteriorate or expire rapidly, any items that are sealed for health protection or hygiene reasons if you have unsealed them and any items that have been inseparably mixed after delivery. You must include with any product return all original boxes, labels, product instructions, hang tags, tags, documents, receipts and wrappings. Any product which is returned to us damaged or which is not returned to us in the same condition as when you received it will not be accepted for return.
You are obliged to notify us in written of your intention to return the products you purchased through via email with the subject “Return Request” at the following e-mail address: firstname.lastname@example.org referring the date/number of the proof of purchase within the aforementioned time period. Provided that you receive written approval for the return from Us, the address, where the returned products must be sent to, is Coffee Island Store, 925 Bay St, Toronto, ON M5S 3L4, Canada. If you return any product you will be refunded in full without further delay within 30 (thirty) calendar days from the date when we are informed of your decision to return the product. The refund will be made to the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise) but We will deduct from any reimbursement an amount equal to any diminishment in value of the items as a result of you handling the items beyond what is necessary to establish the nature, characteristics and functioning of the items. Under no circumstances will you be charged extra costs for such a refund. We have the right to delay the refund until the goods have been returned to us, or until you provide proof that you have sent back the goods, whichever happens first. You are obliged to send back the goods or to deliver them to us, without unwarranted delay within ten (10) calendar days from the date of your declaration to return the products. We will deem that the deadline has been met if you send the goods back before the end of the period of ten (10) calendar days. You will incur the cost of the return of the goods.
Product Returns due to delivery error
In all cases where other products are delivered, by type or quantity, you may return the products. The cost of returning the Order shall be paid by us with the exception of any further costs incurred by you as a result of your choice of an alternative delivery method instead of the cheapest standard delivery method offered by Us.
Returns of defective products damaged on arrival (DOA)
For the avoidance of any inconvenience of yours, it is recommended that upon delivery of your Order you carefully review the condition of the purchased Products and that their package is intact, in order to detect any visible defect (i.e. broken product, etc.). In the event you detect any defect, contact us immediately after delivery on the same or the next working day (from Monday to Friday) at the e-mail address: email@example.com. You have the right to return the defective products to the Store within a seven (7) calendar day time period from the date of receipt. Returned products must be in their unused, original condition, as well as all product tags, which form the identity of the product. Otherwise, cannot be accepted as returned items
As the products are received back, they are checked to ensure that they are defective. In that case, We will firstly offer to repair the defective item. If this is not possible, We will replace the product you’ve ordered, as long as the product is available. You will receive complete reimbursement if the goods can neither be repaired, nor replaced.
Note: When you are trying products, please make sure that they do not come in contact with anything that may mark or add scent to them. We will be unable to accept any returned item where there is evidence that these instructions have not been adhered to.
Returns of defective products
In the unlikely event that you receive a defective product, we will examine the returned items and will notify you via e-mail within a reasonable period of time if a refund will be made. We will process the refund due to you as soon as possible and, in any case within thirty (30) days of the day Coffee Island confirms via e-mail that you are entitled to a refund for defective items.
If you think you have received a defective item, please return the items back to Coffee Island including details where possible of:
- Your Order Number
- Product Code/Product Name
- Details of the fault
- Whether you would prefer a refund or a repair or replacement
Coffee Island advises that you send items back via registered post. The return address is:
Coffee Island Store , 925 Bay St, Toronto, ON M5S 3L4, Canada
Coffee Island will bear the reasonable postage costs of returning the items up to the cost of the standard delivery charge. Coffee Island will not refund any Next Day, Express or other premium component of delivery.
If you have a query about returning goods, please contact Us.
11. DATA SECURITY
We maintain strict security protocols, including physical, electronic and procedural safeguards, to protect Customer Information. These protocols include compliance with the requirements of the law to prevent any loss, misuse, unauthorized access, disclosure or destruction of your personal information. Although we strive to maintain data security, we do not guarantee or warrant its security.
12. OUR LIABILITY
You assume all responsibility and risk with respect to your use of the Website, which is provided “as is.” We disclaim all warranties, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the Website including, without limitation, all content and materials, and functions and services provided on the Website, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness or usefulness, or content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that the Website, or their functions or content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website will meet users' expectations or requirements. No advice, results, information or materials, whether oral or written, obtained by you through the website shall create any warranty not expressly made herein. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material. In no event shall coffee island, its affiliates, any of their respective directors, officers, employees, agents or respective content or service providers, be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence, fault or otherwise) (collectively, “damages”) arising from or in any way related to the use of, or the inability to use, or the performance of the Website and the content or materials or functionality on or accessed through the Website including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, whether tangible or intangible in nature, even if coffee island or its affiliate or their respective representative or such individual has been advised of the possibility of such damages. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages; as a result, the limitations or exclusions of liability contained herein may not apply to you in whole or in part. Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.
13. INTELLECTUAL PROPERTY
You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Website for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of us.
All copyright, trademarks and other intellectual property rights in this Website and its content (including without limitation the Website design, text, graphics, logos, icons, images and all software, databases and source code connected with the Website) are owned by or licensed to www.coffeeisland.ca or otherwise used by www.coffeeisland.ca as permitted by law. We are the sole and exclusive copyright owners of the Website and its content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world associated with the Website, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Website contains original works and has been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.
Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any of Coffee Island’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of www.coffeeisland.ca ; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Website infringe upon any copyright trademark, or other contractual, intellectual, or statutory rights.
14. LINKS FROM OUR WEBSITE
We shall not be responsible for any delay or non-performance of our obligations under this agreement arising from any cause beyond our control including, without limitation, any force majeure events.
16. AMENDMENTS TO THE TERMS
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
18. YOUR RIGHTS AS A CONSUMER
Nothing in this Agreement will affect your legal rights as a consumer.
19. HOW TO CONTACT US
If you need any information or if you have any complaints, please contact Us by e-mail at firstname.lastname@example.org.
If you have any enquiries about your Order, please contact Us by e-mail at email@example.com.
20. APPLICABLE LAW