Last modified: June 6, 2017
PRELIMINARY REMARKS This contract constitutes a legal agreement between the user of the site and 9312-9146 Québec inc., also doing business under the name SaucesPiquantes.ca (hereinafter referred to as "SaucesPiquantes.ca") regarding the SaucesPiquantes.ca portal and the purchase of products (hereinafter referred to as the "Site" and the "Products").
1. ACCEPTANCE OF TERMS OF SERVICE By accessing or using the Site, you declare that you have read, understood, and agree to be bound by these terms of use (the "Agreement"). You expressly agree to comply with this Agreement, as well as any changes that may be made to it (as indicated below).
SaucesPiquantes.ca reserves the right, at its sole discretion and without prior notice, to update, modify, add, or remove provisions of this Agreement. In such cases, SaucesPiquantes.ca will post the changes to this Agreement on this page, indicating the revision dates at the top of the page.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT BROWSE OR USE THE SITE.
2. ELIGIBILITY By browsing and using the Site, you expressly declare and warrant that you are legally entitled and capable of entering into this Agreement. If not, you are not authorized to browse or use the Site.
3. ACCOUNT AND PASSWORD If you choose to create an account on the Site, all information used must be accurate, complete, and promptly updated in case of changes. You are prohibited from transferring your account to a third party or another user of the Site.
You are responsible for maintaining the confidentiality of your password. SaucesPiquantes.ca cannot be held responsible for unauthorized use of your account. If the confidentiality of this information is compromised, please notify SaucesPiquantes.ca as soon as possible to prevent any potential fraudulent use of your account.
4. MISSION The Site's mission is to offer a diverse range of chili-based consumer products for sale and to facilitate access to these Products wherever you are.
5. PURCHASING ON THE SITE PRODUCTS AND DESCRIPTION Product availability may vary at any time and is subject to change without notice. Many of the Products are imported from overseas and may be unavailable for an indefinite period or discontinued. You must therefore choose from the Products available on the Site at the time of order registration.
Each Product may contain a description, such as specifications on its quantity, spiciness level, brand, ingredients, etc. SaucesPiquantes.ca does not guarantee the accuracy of any Product description on the Site. SaucesPiquantes.ca provides various search filters to enhance your shopping experience. Whether or not you use these filters, you must ensure that the Product you purchase meets your needs and preferences.
PRODUCT AVAILABILITY SaucesPiquantes.ca strives to keep the inventory of Products sold on the Site as up-to-date as possible but cannot guarantee the availability of its Products at any time. SaucesPiquantes.ca disclaims all responsibility for any damage that may be caused to you due to a stock shortage and/or the inability to deliver the Product you ordered.
If we are unable to deliver any of the Products you ordered on the Site, you will be notified by email and refunded as soon as possible following the dispatch of this email.
6. PAYMENT TERMS
PRICES
The prices of the Products offered by SaucesPiquantes.ca are quoted in Canadian or U.S. currency. All orders, regardless of their origin, are payable in the currency selected by you or indicated by default, excluding taxes. SaucesPiquantes.ca reserves the right to modify its prices at any time. Products are always billed based on the rates in effect at the time the order is placed.
PAYMENT
Payment for any purchase on the Site can be made with the credit cards authorized by SaucesPiquantes.ca, such as VISA or MASTERCARD, or those accepted by the secure payment gateway used by SaucesPiquantes.ca.
YOU ARE SOLELY RESPONSIBLE FOR THE PAYMENT METHOD CHOSEN AND THE ACCURACY OF THE INFORMATION YOU PROVIDE FOR THIS PURPOSE. Without limitation, you declare that you are the holder of the credit card or bank account used for payment.
SAUCESPIQUANTES.CA IS NOT RESPONSIBLE FOR PAYMENT ISSUES RELATED TO THE OPERATION OF THE E-COMMERCE SERVICE.
SaucesPiquantes.ca reserves the right to modify the available payment methods or use other providers for this purpose.
INVOICING
To reduce our environmental impact, you will not receive a paper invoice. Instead, upon your order, we will send you an email containing an order summary as an electronic invoice.
CANCELLATION
SaucesPiquantes.ca reserves the right, at its sole discretion, to cancel an order at any time and without notice, with a refund of any amount received.
7. SHIPPING AND DELIVERY
PROCESSING TIME
Orders are generally processed and shipped for delivery within forty-eight (48) hours, Monday to Friday, after receiving your payment if all Products are available in stock. Public holidays in the Province of Quebec are excluded from this period.
If, for any reason beyond our control, your order cannot be shipped within the aforementioned time frame, you will be promptly notified by email.
Additionally, orders placed between November and March, inclusive, will not be shipped if the current or forecasted temperature is below minus twenty degrees Celsius (-20°C), unless you provide contrary instructions. Shipment of these orders will occur as soon as the weather permits.
Please pay close attention to the emails sent to you, as they may contain price adjustments, credits, notices of unavailable Products, and even suggestions for product substitutions. Ensure that emails from SaucesPiquantes.ca do not end up in your spam folder.
SHIPPING METHOD
During your order, you can select one of the delivery methods authorized by SaucesPiquantes.ca (Canada Post, expedited, or others). The standard shipping method for SaucesPiquantes.ca is Canada Post expedited parcel, delivered without signature.
Regardless of the shipping method chosen, we will provide you with a link via email that will allow you to track the delivery of your order online and in real-time.
Deliveries can only be made to locations with a physical address, including street names or rural route numbers, along with a postal code. No orders will be delivered to a P.O. box.
FEES
All delivery-related fees, plus applicable taxes, are your sole responsibility from the SaucesPiquantes.ca warehouse and will be added to the purchase price. To know the delivery fees for your order, you will need to log in if you have an account or otherwise provide the intended delivery address. These fees depend on the delivery address and the content of the order. They may also include a fixed portion and a variable portion based on the price or weight of your order. Delivery fees are generally a minimum of seven dollars and twenty-five cents ($7.25) and are charged by Canada Post or the selected provider.
All import/export and customs clearance fees, plus applicable taxes, are also your sole responsibility from the SaucesPiquantes.ca warehouse in Quebec and will be added to the purchase price. It is your responsibility to check any laws, regulations, or standards applicable to you regarding the import, export, and customs clearance of the Products.
Shipping costs, including packaging and handling, are included in the purchase price of each item.
SaucesPiquantes.ca reserves the right to mention in the Product description any promotion related to its shipping and delivery, under the terms and conditions specified therein.
We recommend grouping your purchases into one order to minimize fees. However, note that we cannot group orders to be shipped to different addresses. In such a case, you will be responsible for the shipping costs of each order. Special care is taken with orders containing fragile items, such as glass containers, which are then oversized and protected.
REFUSAL, NON-CLAIM, OR DELIVERY TO THE WRONG ADDRESS
If you refuse to take possession of your order upon delivery, it will be returned to the SaucesPiquantes.ca warehouse in Quebec. The same applies to unclaimed orders after one or more delivery attempts and after a certain number of days held at the postal counter. Delivery terms vary depending on the selected provider. Here is the link to the explanatory pages of Canada Post and UPS on this subject. Orders delivered to the wrong address due to your error or incomplete address will also be returned to the SaucesPiquantes.ca warehouse.
In all cases, except for a package refusal because it was damaged in transit or an address error not caused by you, SaucesPiquantes.ca is not responsible for the shipping, delivery, customs, or other taxes related to returning a shipment to its warehouse, and you will be fully responsible for them.
8. RETURNS AND EXCHANGES
OUR POLICY: UP TO 30 DAYS TO CHANGE YOUR MIND!
At SaucesPiquantes.ca, from the date of receipt* of your order, you have thirty (30) full days to return the purchased Product(s) at the regular price. From the first (1st) to the seventh (7th) day, you can return the Product for an exchange, credit, or full refund, except for shipping, customs clearance, import/export, and delivery fees. From the eighth (8th) to the thirtieth (30th) day, only an exchange for replacement Product(s) is possible.
Product(s) purchased on sale cannot be returned, exchanged, or refunded and are final sales. You acknowledge that in such cases, the sale of discounted Product(s) is without any warranty and at your own risk.
In all cases, the returned Products must be returned in their original condition, including packaging (label and any accessories), and in perfect resale condition. They must not have been opened or damaged. When purchasing a Product in a configuration set, SaucesPiquantes.ca must receive the return in the same configuration. All Products will be inspected upon receipt.
All return-related costs, including shipping fees, are your responsibility. You are responsible for any breakage, damage, or loss to the Products incurred during transport or shipment to SaucesPiquantes.ca under this return policy. No refund or exchange will be authorized if your Products arrive damaged, for any reason, at the SaucesPiquantes.ca warehouse.
*Tracking information from the post office or courier is considered proof.
9. OTHER TERMS OF USE FOR THE SITE
CODE OF CONDUCT
You are prohibited from uploading, posting, transmitting, sharing, storing, or otherwise distributing harmful, threatening, illegal, defamatory, unauthorized, abusive, malicious, vulgar, obscene, fraudulent content that invades the privacy or intellectual property rights of others, hateful, inciting violence, racial hatred, or otherwise objectionable content on the site. You agree to use the services offered by SaucesPiquantes.ca in compliance with applicable laws.
You must not use the Site's services to conduct or send pyramid schemes or chain letters, engage in hacking, or perform any other illegal activity. You are also prohibited from taking actions that may harm others' rights and their enjoyment of the Site.
ACCOUNT SUSPENSION
SaucesPiquantes.ca reserves the right to permanently suspend any account that does not comply with these terms of use, without prior notice or delay. If you believe your account has been suspended without reason, you may contact the SaucesPiquantes.ca team.
Accounts created to replace a suspended account will also be permanently suspended.
COPYRIGHT AND TRADEMARKS
All content (texts, illustrations, styles, photos, images, and others) reproduced on the Site is the exclusive property of SaucesPiquantes.ca. All content is also protected by copyright and intellectual property law worldwide. Any total or partial reproduction of the Site is strictly prohibited. You are prohibited from modifying, copying, distributing, transmitting, broadcasting, displaying, reproducing, publishing, licensing, transferring, or selling any information, software, products, or services obtained from this Site or creating derivative works from the aforementioned items.
NETWORK SECURITY AND EFFICIENCY
SaucesPiquantes.ca does not guarantee total network efficiency or security. A hacker may succeed in breaching the server. Therefore, it is important to remember BEFORE USING YOUR ACCOUNT TO BROWSE AND/OR MAKE TRANSACTIONS ON THE SITE that it is always possible for a malicious individual to access the Site's servers and use certain personal information transmitted by users for their own purposes. IN NO EVENT will SaucesPiquantes.ca, nor any of its administrators, directors, employees, agents, representatives, or authorized representatives, be held responsible for acts of hacking or be blamed for any damage or loss that this may cause to a user. The Site may experience occasional outages, and some programming errors may be caused by updates or events beyond the control of the administrators. None of the administrators, directors, employees, agents, representatives, authorized representatives, nor any member of SaucesPiquantes.ca shall be held responsible if a user is unable to browse the Site, for any reason that prevents it (misunderstanding, faulty telephone line, incompatible modem, broken cable, incorrect configuration, wrong browser, etc.).
LINKS TO OTHER WEBSITES
The Site may contain links to external websites ("External Links") as well as content belonging to or originating from third-party External Links. SaucesPiquantes.ca has no control over these External Links and their content and is not responsible for the availability of such External Links nor guarantees it. SaucesPiquantes.ca does not endorse or approve the content to which these External Links provide access and excludes all liability and warranty regarding such content. Access to these External Links from the Site is at the user's own risk and is entirely their responsibility.
SaucesPiquantes.ca encourages you to read the privacy policies of these External Links to learn how they collect and use your information.
LIMITATION OF LIABILITY
IN NO EVENT WILL SAUCESPIQUANTES.CA, ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AUTHORIZED REPRESENTATIVES, AND AFFILIATED COMPANIES BE LIABLE FOR ANY CLAIM, INJURY, LOSS, ACCIDENT, DAMAGE, DIRECT OR INDIRECT, ARISING FROM THE USE OF THE SITE, PRODUCTS PURCHASED ON THE SITE, BREAKAGE, DEFECT OR LOSS OF PURCHASED PRODUCTS, INFORMATION CONTAINED ON THE SITE, OR THE INTERPRETATION OR APPLICATION OF THIS AGREEMENT.
TO THE EXTENT PERMITTED BY LAW AND IN ALL CASES WHERE SAUCESPIQUANTES.CA MAY BE HELD LIABLE, THE TOTAL LIABILITY OF SAUCESPIQUANTES.CA, ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AUTHORIZED REPRESENTATIVES, AFFILIATES, OR SUPPLIERS IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT(S).
INDEMNIFICATION
You expressly agree to indemnify and hold harmless SaucesPiquantes.ca and to hold them harmless from all liability regarding any damages, losses, claims, demands, lawsuits, fees, or liabilities of any kind, including reasonable legal and extrajudicial fees and expenses, whether founded or not, that SaucesPiquantes.ca may incur or suffer directly or indirectly due to your failure or negligence to comply with this agreement.
NEWSLETTER OR OTHER COMMUNICATIONS
By allowing SaucesPiquantes.ca to communicate with you via email, you agree that SaucesPiquantes.ca may send you relevant information about the use of its services, updates, special offers, and more. You can unsubscribe from the SaucesPiquantes.ca mailing list at any time. However, as long as you are a user of the Site, SaucesPiquantes.ca may send you information related to the use of the Site. To stop receiving this information, you can delete your account by following the required conditions.
APPLICABLE LAW
This service agreement is governed by the laws applicable in the province of Quebec (Canada). You hereby acknowledge that any dispute arising from or related to the use of the services, the Site, or this agreement will be submitted to the jurisdiction of the courts of the district of Quebec, province of Quebec (Canada).
ARBITRATION
Notwithstanding the section on Applicable Law, any dispute concerning this agreement that cannot be resolved through negotiation between the parties or their representatives will be submitted to arbitration in accordance with the provisions of the Civil Procedure Code of the province of Quebec (Canada).
NON-WAIVER
The failure at any time by SaucesPiquantes.ca to require you to comply with any provision of this agreement shall not affect its right to subsequently require you to comply. SaucesPiquantes.ca's waiver of any of its rights shall not be deemed a waiver of compliance with that provision unless this waiver is set out in writing and signed.
SEVERABILITY
Each provision of this agreement forms a distinct whole, so that any court decision declaring any provision of this agreement null or unenforceable shall not affect the validity or enforceability of the other provisions of this agreement.
10. PRIVACY AND SECURITY
We also place the protection of your privacy at the top of our priority list. Therefore, we have a strict policy that prohibits the sale, lending, or renting of any personal information you may provide during your registration on the site or when placing an order. Any personal information obtained during the use of the Site is only used with your consent, and we use it solely to process your order appropriately and to make your shopping experience as enjoyable as possible.
OUR PRIVACY POLICY
SaucesPiquantes.ca understands how important it is to protect the personal information collected. We aim to ensure that every user’s experience is safe throughout their visit to the site. With this goal in mind, we have developed a privacy policy that outlines our guidelines regarding the collection and use of your personal information.
PERSONAL INFORMATION COLLECTED AND USE BY SAUCESPIQUANTES.CA
Personal information includes your name, first name, full mailing address, and email address. This identifying information collected from users when creating an account or placing an order is kept confidential by SaucesPiquantes.ca.
Creating a customer account is optional when placing an order, but if you choose to do so, you will also be asked to create a username and password to identify yourself on the site.
When making purchases, you will need to provide your credit card details to complete the transaction through our secure payment gateway, which uses SSL encryption technology. This technology makes your personal and credit card information unreadable while being transmitted to the server during payment.
To reduce the risks of fraud or misuse of personal information, the mailing address on your SaucesPiquantes.ca account must match the address registered with your credit card. This information is strictly personal and will never be shared with third parties. SaucesPiquantes.ca will never directly access your credit card number.
We will use your personal information to communicate with you and respond to your requests. With your consent, we may also occasionally send you emails or other messages regarding products or services we think might interest you.
PARTICIPATION IN CONTESTS
We frequently organize contests. To participate, you will need to register on the site and provide your contact information. Unless you subscribe to our newsletter, the information collected when entering a contest will only be used to contact you if you are declared a winner.
AUTOMATICALLY COLLECTED INFORMATION
SaucesPiquantes.ca automatically collects certain non-personal information about users of the site. This information does not identify you. It includes the IP address of your internet service provider, the date and time you visited the site, the web address from which you accessed our site, the operating system you are using, the sections of the site you visit, the pages you view, the images you look at, and the content you download from the site.
This non-personal information is used for site administration and improvement.
USE OF COOKIES
In an effort to personalize the service, we use cookies to track your visit to the site. Cookies enhance the convenience and usability of the site. They also allow us to recognize you as a user if you open a SaucesPiquantes.ca account and make multiple visits to the site. You will not need to re-enter the same information each time. You can choose to reject cookies if your browser allows, but this may affect your use of the site and access to some of its features. You may also be unable to complete transactions on the site.
DISCLOSURE TO SERVICE PROVIDERS
SaucesPiquantes.ca may share your personal information with certain service providers to verify and validate information and respond to your inquiries. Service providers mainly include credit card companies. To reduce the risks of fraud or misuse of personal information, SaucesPiquantes.ca may also verify your personal information, including your address and credit card details, with service providers.
We will take reasonable steps to ensure that your personal information is used in accordance with this policy. If you do not want us to share your personal information with these service providers, we may not be able to process your request.
LEGAL DISCLOSURE
SaucesPiquantes.ca may disclose your information as permitted or required by law. For example:
To a government institution or any other person or entity that has made a lawful request for this information.
If we have reasonable grounds to believe it might be useful in an investigation into illegal activity.
To comply with a subpoena, warrant, or court order, issued by a person or entity with the legal authority to require the disclosure of this information.
To comply with court decisions regarding the submission of reports and information.
To our legal counsel.
RETENTION OF PERSONAL INFORMATION
We retain your personal information as well as the history of your orders. You have the right to access and correct your personal information, and you can request its removal from our records at any time. To exercise these rights, you can log into your online SaucesPiquantes.ca account or write to us at [email protected].
