Terms & Conditions
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Candy.ca, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Application of Terms & Conditions of Sale
1.1 The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by Candy.ca (“Candy.ca” or “Seller”) of any product made available by Candy.ca (hereby collectively called the “Product”). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail.
1.2 By ordering the Product, whether by placing an order by phone, on the Candy.ca website (www.candy.ca), in person or by any other mean, Client agrees that these Terms and Conditions of Sale (referred to as the “Terms and Conditions”) shall govern the contract between Candy.ca and the Client and supersedes any other terms and conditions that may be provided by the Client. Candy.ca’s failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.
1.3 “Client” means any person or entity ordering products from Candy.ca.
1.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client’s orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of Candy.ca.
2.1 Account Creation. In order to use certain features of the website (e.g., to use the Services), you must create an account with Candy.ca (“Candy.ca Account”) and provide certain information about yourself as requested on the Site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy of such information as such may change from time to time. You may delete your Candy.ca Account at any time, for any reason, by following the instructions on the Site.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Candy.ca Account login information and are fully responsible for all activities that occur under your Candy.ca Account. You agree to immediately notify Candy.ca of any unauthorized use, or suspected unauthorized use of your Candy.ca Account or any other breach of security. Candy.ca cannot and will not be liable for any unauthorized use of your Candy.ca account or loss or damage arising from your failure to comply with the above requirements.
2.3 As a member of Candy.ca, you agree to receive newsletters and promotional emails including third party offers.
3. Billing, Orders & Credit Card Information
3.1 Any order, to be valid, needs to be accompanied by a valid payment of the total sum of the value of the Product and shall be made by a pre-arranged method of payment acceptable to Candy.ca, whether such order is made online on Candy.ca’s website (www.candy.ca) or by phone.
3.2 Candy.ca reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. Candy.ca shall not otherwise be liable to the Client for cancellation of such orders.
3.3 When you place your first order, we will save your credit card information for use on all future billings. Any automatic billing and/or charges, as per the membership rules described upon sign-up, will be automatically applied to your saved credit card unless you notify us in advance by emailing us at firstname.lastname@example.org. We accept Visa and MasterCard as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
3.4 All products/subscriptions are priced and charged in Canadian dollars.
3.5 If you choose to cancel your service, you must notify Candy.ca at least 5 days before your next billing date.
3.6 All items purchased from Candy.ca are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
4.1 All shipping fees are shown at checkout on www.candy.ca. Candy.ca may be unable to ship to certain remote regions. Candy.ca reserves the right to refuse or cancel orders where Candy.ca has no commercially reasonable shipping option, and Candy.ca shall not be liable to the Client for cancellation of such orders. In such a case, Candy.ca will reimburse the sums already paid by the Client. If an ordered item is damaged during shipping, is incorrect, or missing, you must immediately contact Candy.ca. To contact us, write to email@example.com or call (204) 914-8945.
All sales on products are final and are not eligible for returns.
Candy.ca works to protect your personal information during transactions using a secure system. Candy.ca employees do not have access to your credit card information because they are encrypted the moment a transaction is completed. Only the company managing transactions with which Candy.ca is doing business receives this encrypted information. Other personal information collected by Candy.ca is used to ship your order, to contact you in case of need, or to let you know about all the opportunities Candy.ca has to offer. You may, at any time, ask that your information is removed from our database.
You agree to indemnify, defend, and hold Candy.ca harmless and its officers, directors, employees, agents, investors, and suppliers (collectively the “Service Providers”) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees resulting from any violation of these general terms and conditions or any activity related to your account (negligent or wrongful actions included) by you or any other person accessing the website using your Internet account.
- Third Party
In order to provide added value to our users, Candy.ca can affiliate itself to websites operated by third parties. However, even if the third party is affiliated, Candy.ca has no control over these linked sites, which have different private data collection methods unrelated to Candy.ca. These linked websites are for your convenience only and are therefore accessed at your own risk.
- Act of God
For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingences or causes beyond Seller’s control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Seller’s obligations may be suspended pending force majeure, without Seller being responsible to Client for any damages or losses resulting from such suspension.
10. Arbitration, Governing Law & Jurisdiction
These Terms and Conditions shall be strictly and exclusively construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein without regard to principles of conflict of law and specifically excluding the provisions of the 1980 UN Convention on Contracts for the International Sales of Goods. Without limiting the foregoing, Client irrevocably and unconditionally agrees that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be decided by binding arbitration in accordance with the Rules of the Canadian Arbitration Association and any such arbitration proceedings shall be brought and held in Manitoba, CANADA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. In case arbitration shall be impracticable then any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be brought to the tribunals of the City of Winnipeg, Province of Manitoba. Client consents to the exclusive jurisdiction of such court in any such suit, action or proceeding; Client waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and Client waives any right that it may have to assert the defence of forum non conveniens in any such suit, action or proceeding.
- No Assignment
Client may not assign its rights or obligations under this Agreement without the express written consent of Candy.ca.
If any provision or provisions of these Terms and Conditions be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The Parties hereto have expressly required that these Terms and Conditions be drafted in the English language only.
- Intellectual Property
14.1 Client agrees that any invention, patent, industrial design, copyrightable document or object as well as any technical, scientific, marketing or commercial know-how or trade secret relating to the Product, including but not limited to any inventions, patents, copyright and industrial design (hereinafter described as the “Industrial Property”) is the exclusive property of Candy.ca.
14.2 Client recognizes and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the “Trademarks”), are the exclusive properties of Candy.ca.
14.3 Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of Candy.ca or create any rights adverse to those of Candy.ca. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark which includes or is confusingly similar to any of the Trademarks.
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