Terms and Conditions of Use
Kicking Horse Coffee Co. LTD. (“Kicking Horse® Coffee”)
Last updated: February 1, 2021
This Site is owned and operated by Kicking Horse Coffee Co. Ltd. (“Kicking Horse Coffee”, “we”, “us” or “our”). The Site provides information about Kicking Horse Coffee products and offers the opportunity to obtain additional information about the products or to purchase certain products.
This Site is offered and available to users who have reached the age of majority in the jurisdiction in which they reside and who reside in Canada, the United States or any of its territories or possessions. By using this Site, you represent and warrant that you have reached the age of majority and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
1. Access and Use of the Site
1.1 You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection or your account are aware of and comply with these Terms.
1.2 You agree to use the Site only for purposes that are permitted by these Terms and to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products through it.
1.3 To the fullest extent permitted by law, Kicking Horse Coffee may modify, update, discontinue, suspend, or withdraw any or all parts of the Site at its sole discretion and without notice to you. Kicking Horse Coffee shall not be liable to any user or other third party for any such modification, update, discontinuance, suspension, or withdrawal. Subject to full compliance with these Terms, Kicking Horse Coffee grants you a nonexclusive, non-transferable, non-sublicensable, terminable, revocable, limited license to access and use the Site and its Contents for your personal and non-commercial use. Without the express written consent of Kicking Horse Coffee, you agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site and its Contents for any purpose except for your personal and non-commercial use and as described in these Terms.
1.4 Kicking Horse Coffee reserves the right to investigate, suspend and/or terminate your account if you have misused the Site. You must not use the Site:
To the extent we become aware of any such breach, we may report it to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
1.5 You may not create hypertext links to the Site without Kicking Horse Coffee’s prior written consent.
1.6 You may need to create an account to access some of the features of the Site. You will be asked to provide personally identifiable information (“PII”) about yourself, including your name, email address, shipping address, and phone number. You agree that you will provide accurate, current, and complete information about yourself, and maintain and promptly update your PII contained in your account profile. You agree not to share your account password and to keep it confidential. You must notify us immediate in the event you become aware of any security breach or unauthorized use of your account.
1.7 We reserve the right to terminate access to your account any time if you have breached these Terms.
2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, know-how and products and other material provided by Kicking Horse Coffee on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.”
2.2 The Content may contain errors, omissions, or typographical errors or may be out of date. Kicking Horse Coffee may change, delete, or update any Content, including to correct any errors, omissions or inaccuracies, update information or cancel orders if any information on the Site is inaccurate, at any time and without prior notice (including after you have submitted an order). The Content is provided for informational purposes only and is not binding on Kicking Horse Coffee in any way except to the extent it is specifically indicated to be so.
2.3 As between you and Kicking Horse Coffee, Kicking Horse Coffee owns or licenses all Content. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, patents and other proprietary or intellectual property rights that are licensed or owned solely and exclusively by Kicking Horse Coffee. You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices.
2.4 Except as provided in the foregoing, Kicking Horse Coffee does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Kicking Horse Coffee, is strictly prohibited.
3. Submissions to the Site
3.2 Kicking Horse Coffee will appreciate comments, suggestions and indications from users of its Site. However, Kicking Horse Coffee has no obligation to accept any such material howsoever forwarded via the Site. In addition, any communication or material you transmit to Kicking Horse Coffee through the Site by electronic mail or otherwise, including without limitation any images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary and you grant to Kicking Horse Coffee, and/or its affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law, and waive any moral rights you may have in such Submission. Kicking Horse Coffee has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
3.3 Notwithstanding the above, you are not allowed to submit, upload, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights (including any intellectual property or privacy rights) of any party or may otherwise give rise to liability or violate any law or affect the corporate image of Kicking Horse Coffee.
4. Third Party Links
4.1 Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by Kicking Horse Coffee of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Kicking Horse Coffee, and we are not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
4.2 To the extent any Content is provided by third parties, it is provided for informational purposes only.
5.1 These Terms are effective until terminated by Kicking Horse Coffee. To the fullest extent permitted by applicable law, we may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
5.2 Kicking Horse Coffee shall also have the right without notice and at any time to terminate some or all of the Site or any feature or portion thereof, or any products offered through them, or to terminate any individual’s right to access or use the Site or any feature or portion thereof.
6. Disclaimer of Warranties
6.1 To the fullest extent permitted by applicable law, you acknowledge and agree that Kicking Horse Coffee is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted in the Site, whether caused by users or any of the equipment or programming associated with or utilized in the Site; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/ or in connection with the Site.
6.2 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOLLOWING EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACCESS AND USE THE SITE AT YOUR OWN RISK. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES ARE SPECIFICALLY DISCLAIMED, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, OR WHETHER WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KICKING HORSE COFFEE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, KICKING HORSE COFFEE DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
KICKING HORSE COFFEE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KICKING HORSE COFFEE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
6.3 The Site may display links to other Internet sites or resources. Because Kicking Horse Coffee has no control over such sites and resources, you acknowledge and agree that Kicking Horse Coffee is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
7. Limitation of Liability
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES (SUCH AS, IN SOME CASES, CONSEQUENTIAL OR INCIDENTAL DAMAGES), IN SUCH JURISDICTIONS, KICKING HORSE COFFEE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KICKING HORSE COFFEE NOR ITS EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF YOU OR KICKING HORSE COFFEE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF KICKING HORSE COFFEE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE. IN NO EVENT WILL KICKING HORSE COFFEE OR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL KICKING HORSE COFFEE OR ANY OF ITS AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
8.1 You agree to defend, indemnify, and hold harmless Kicking Horse Coffee, Kicking Horse Coffee’s licensors and service providers, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
9.1 To the fullest extent permitted by applicable law, you agree that any Dispute between You and Kicking Horse Coffee shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. “Dispute” shall be interpreted broadly and shall include any claim or controversy arising from or relating to these Terms or your purchase or use of any products or services, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the cancelation or expiration of this agreement. “Dispute” shall not, however, include any issues relating to the existence, scope, or validity of this arbitration provision.
9.2 Notwithstanding anything in this arbitration provision to the contrary, either you or Kicking Horse Coffee may bring an individual action in small claims court if the claim is within the jurisdiction of that court.
9.3 For all Disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Kicking Horse Coffee's Customer Service. You and Kicking Horse Coffee agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration (or in small claims court, if applicable). You and Kicking Horse Coffee agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue though any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.
9.4 Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our Customer Service to begin arbitration: contact our Customer Service.
9.5 Any Dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Kicking Horse Coffee, the Dispute will be arbitrated by JAMS arbitration services. Unless we agree to use a different set of rules, the arbitrator will use the applicable JAMS arbitration rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS.
9.6 Upon filing of the arbitration request, we will pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs regardless of whether they would have been available in a court.
10. Waiver of Class Action
10.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. WE EACH WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. WE EACH MAY SEEK RELIEF ONLY ON BEHALF OF OURSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY OUR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. IF A CLAIM OR ACTION PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
11.1 No waiver by Kicking Horse Coffee of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kicking Horse Coffee to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
11.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
11.3 To the fullest extent permitted by applicable law, any and all disputes that may arise in connection with your purchase from this Site shall be governed by and construed in accordance with the laws of the Provinces of British Columbia without giving effect to any choice or conflict of law provision or rule.
11.5 These Terms have been drafted in English at the express request of the parties. Ces modalités de commerce électronique ont été rédigées en anglais à la demande expresse des parties.
E-COMMERCE TERMS AND CONDITIONS
Last updated: February 1, 2021
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE MAKING A PURCHASE ON THIS WEBSITE. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOUR PURCHASE.
BY PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE E-COMMERCE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE E-COMMERCE TERMS; (B) HAVE NOT REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, Kicking Horse Coffee reserves the right to change these E-Commerce Terms at any time without prior notice to you, and in its sole discretion. The latest version of these E-Commerce Terms will be posted at this page and will be effective upon posting. You should review them before purchasing any product through this Site. The E-Commerce Terms that are posted at the time your Order is made governs that Order.
1. CONTRACT PARTIES - COMMERCIAL POLICY
These E-Commerce Terms apply exclusively to the sale of Kicking Horse Coffee products. The sale of third party products that are linked to the Site, or that appear by means of banners or hyperlinks are not governed by these E-Commerce Terms. If you want to purchase any third-party product please check the product’s applicable website and online sales conditions. Kicking Horse Coffee does not control and is not responsible for the supply of goods or services offered by such third parties.
The products listed on the Site are Kicking Horse Coffee-branded products under Kicking Horse Coffee trademarks, or trademarks under license from others. Kicking Horse Coffee does not sell on the Site second-hand products, non-conforming products or products of quality standards lower than other products sold through traditional market channels (e.g. retail).
Detailed descriptions of the products can be found on the products’ pages on the Site. Note that the pictures and colors of the products on the Site may vary from the real article depending on your Internet browser settings or the monitor settings you use.
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the Order is submitted and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your products total and will be itemized in your shopping cart and in your Order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors. Please check the final prices before placing an Order and completing the purchasing procedure.
3. ENTERING INTO A CONTRACT WITH KICKING HORSE COFFEE
When you place your Order, we will provide you a summary showing a list of the products you selected to purchase, their main characteristic, their prices, taxes, and shipping and/or other additional costs (if any). You agree that your Order is an offer to buy, under these E-Commerce Terms, all products listed under your Order. If you disagree with any of the E-Commerce Terms, we invite you not to place an order. All Orders must be accepted by us, and until such time as the Orders are accepted, we will not be obligated to sell the products to you. We may choose not to accept any Orders in our sole discretion.
When we receive your Order, we will send you a confirmation email with your Order number and details of the items you have ordered. Our acceptance of your Order and the formation of the contract of sale between Kicking Horse Coffee and you will not take place until we have verified the data you provided with your Order and you have received your Order confirmation email, and then only in accordance with these E-Commerce Terms.
The Order will be filed in Kicking Horse Coffee database to the extent it is necessary for Kicking Horse Coffee to process it in compliance with any applicable law.
Kicking Horse Coffee will not fill Orders that are incomplete and/or incorrect. In such cases, we will inform you that the Order has not been finalized nor processed, specifying the relevant reasons.
If any product(s) that was displayed on the Site either at the time of your last access or at the time you placed the Order become unavailable, Kicking Horse Coffee will timely inform you about the unavailability, and in any event 48 hours after you placed the Order. In such event, if you have already paid for the products, the contract with respect to such products will be considered terminated and Kicking Horse Coffee will refund the entire amount paid with respect to such products promptly.
Any liability, whether in contract or in tort, for direct or indirect damages to persons and / or property caused by the failure to accept an Order for the above reasons is expressly excluded.
4. SHIPMENT AND DELIVERY
Products will be shipped to the address indicated in the Order through the carrier and the delivery service you choose while placing an Order:
To the fullest extent permitted by applicable law, title and risk of law pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guarantee. Kicking Horse Coffee is not liable for any delays in shipment depending on the carrier faults, omission or misconduct in conducting delivery services.
Payments must be received by Kicking Horse Coffee before our acceptance of the Order, and no Order shall be considered accepted until such payment has been received. Payments can be made Visa, MC, Amex, Shop Pay, Apple Pay, Google Pay and Interac.
You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
If you chose to pay via credit card your payment card information (e.g. card number, expiration date, security code, etc.) will be forwarded by encrypted protocol to the bank providing the electronic payment service. No third parties can access this data.
Your payment card information will never be used by Kicking Horse Coffee for any purpose other than processing your Orders, or to process a refund, or to prevent fraud or to report fraud cases to the competent authorities.
6. RETURN AND REFUNDS
Except for any products identified as non-returnable, we will accept a return of any product that is substantially intact for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 calendar days of the delivery date and provided that the product is returned in its original condition. Food products are non-returnable and other products may also be identified on the Site as non-refundable at the time of purchase. To return the product, you must Contact Us by giving us written request for a return, providing the Order information and the product you would like to return.
When we receive such written communication, Kicking Horse Coffee will contact you in a timely manner, in order to indicate the address where the products must be returned. You shall return the products following the instruction received and at your own expense within 14 days starting from the date we provide you with a return address. You bear the risk of loss during shipment. Once we receive the returned products in their original condition in accordance with these terms, we will process your refund back to the same payment method used to make the original purchase on the Site.
7. LIMITED WARRANTY
Kicking Horse Coffee warrants that the products purchased on the Site will be free from any defects for a period of time of 30 (thirty) days starting from the date of the Order (“Warranty Period”).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, WE LIMIT THE DURATION AND REMEDIES OF ANY IMPLIED WARRANTIES TO THE WARRANTY PERIOD.
THIS LIMITED WARRANTY ONLY EXTENDS TO THE ORIGINAL PURCHASER OF PRODUCTS FROM THE SITE. IT DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER OWNER OR TRANSFEREE OF THE PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO 1) TRANSPORTATION; 2) STORAGE; 3) IMPROPER OR NEGLIGENT USE; 4) FAILURE TO FOLLOW PRODUCT INSTRUCTIONS; 5) MODIFICATIONS; 6) COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY KICKING HORSE COFFEE; 7) UNAUTHORIZED REPAIR; 8) NORMAL WEAR AND TEAR; OR 9) EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL.
THE WARRANTY PERIOD IS NOT EXTENDABLE IF WE REPAIR OR REPLACE A WARRANTED PRODUCT. WE MAY CHANGE THE AVAILABILITY OF THIS LIMITED WARRANTY AT OUR DISCRETION, BUT CHANGES WILL NOT BE RETROACTIVE.
TO OBTAIN THE WARRANTY: YOU MUST SEND THE WARRANTED PRODUCT ALONG WITH ALL DOCUMENTS (I.E. ORDER CONFIRMATION EMAILS) PROVING THE PURCHASE AND THE DELIVERY DATE TO OUR CUSTOMER SERVICE.
WE WILL, IN OUR SOLE DISCRETION, EITHER (i) REPAIR OR REPLACE THE WARRANTED PRODUCT OR ITS DEFECTIVE PART OR (ii) REFUND THE PURCHASE PRICE OF SUCH PRODUCTS. WE WILL ALSO PAY FOR SHIPPING AND HANDLING FEES TO RETURN THE REPAIRED OR REPLACEMENT PRODUCT OR PART TO YOU IF WE ELECT TO REPAIR OR REPLACE THE DEFECTIVE PRODUCT OR PART.
8. LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
9. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products from the Site for your own personal use only, and not for resale or export.
10. INTELLECTUAL PROPERTY USE AND OWNERSHIP
Kicking Horse Coffee and its licensors will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
11. FORCE MAJEURE
We shall not be liable for delay or failure to perform our obligations under these E-Commerce Terms due to any contingency beyond our reasonable control, including, but not limited to, war, acts of terrorism, riot or other civil unrest, political insurrection, acts or orders or expropriation by any government, governmental restrictions or controls on imports, exports or foreign exchange, changes in law, inability to procure or shortage of suppliers of necessary materials, fuel shortage, strike, lock out or other labor disturbances or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, epidemic, pandemic, fire, flood, explosion, earthquake, or other natural events.
12. DISPUTE RESOLUTION
To the fullest extent permitted by applicable law, disputes arising from any sale of products from our Site shall be resolved in binding arbitration as described in our Terms and Conditions of Use.
13. NO WAIVERS
No waiver by Kicking Horse Coffee of any term or condition set out in these E-Commerce Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kicking Horse Coffee to assert a right or provision under these E-Commerce Terms shall not constitute a waiver of such right or provision.
You will not assign any of your rights or delegate any of your obligations under these E-Commerce Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these E-Commerce Terms.
15. ENTIRE AGREEMENT
If any provision of these E-Commerce Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these E-Commerce Terms and will not affect the validity or enforceability of the remaining provisions of these E-Commerce Terms.
For any other information about the usage of the Site please read the Terms and Conditions of Use (listed above).
18. APPLICABLE LAW
To the fullest extent permitted by applicable law, any and all disputes that may arise in connection with your purchase from this Site shall be governed by and construed in accordance with the laws of the Province of British Columbia without giving effect to any choice or conflict of law provision or rule.
19. CUSTOMER CARE SERVICES
For any information or complaint, please contact the Kicking Horse Coffee Customer Service:
Customer Service – via e-mail, live chat or Telephone 1-888-287-5282 or by mail 491 Arrow Road, Invermere, British Columbia, Canada V0A 1K2