TERMS AND CONDITIONS
1. INFORMATION ABOUT THE WEBSITE AND THE GOODS
a. This Website is directed at users in Canada only (and ships product to Canada only).
b. We try to make sure that all information on the Website, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Website as soon as reasonably possible and if we think that such an error has affected your order we will make all reasonable efforts to notify you via the contact information you provided to us on your account or during your order.
c. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of goods as shown on the Website will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Website are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and we may not be able to supply your order; (v) we will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); We reserve the right to adjust prices, goods and special offers at our discretion.
d. If at any time you have any questions or concerns, please contact us at the information found at “Contact us” section of our Website.
2. PURCHASING GOODS
a. Placing your Order
i. Once you have selected the goods which you would like, you will be asked to register your personal details with us by completing a registration form. Registration is not required; however we encourage registration in order to facilitate the checkout process during future orders on the Website.
ii. Prior to placing an order, we will show you a summary view that will clearly state the total amount of you would owe upon purchase, including shipping and estimated taxes.
iii. When you place an order for goods via the Website, your order constitutes an offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually.
iv. After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Website. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
v. In the event that your order contains an out-of-stock item, we will follow the guidelines you requested on the Shipping Information page during checkout. If your order does contain an out-of-stock order, this could delay the fulfillment of your order. We suggest for faster fulfillment to select to SUBSTITUTE out of stock items.
vi. By placing an order with us, you represent and warrant that you are legally capable of signing binding agreements
b. Order Acceptance
i. All orders are subject to acceptance by us. For all other goods, acceptance occurs when we send you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”). In either case, we will not be obligated to supply any goods until we issue an acceptance applicable to each good, specifically.
ii. Although we hope to be able to supply all goods ordered, we reserve the right, at our sole discretion, not to accept any offer. Should we reject your order, we will notify you as soon as reasonably possible (and, if payment has occurred, we would refund your payment).
iii. Most orders placed before 2:00 pm, Monday through Friday are shipped the next day. During checkout, you’ll see an order summary window on the top right that will provide an estimated shipping date for your order based on the items in your order. Each product’s detail page also provides information on the expected lead time to ship that item. The order details screen on the top right of the checkout process pages provide an estimated shipping date that your order is expected to ship on. Please note that this is only an estimate. Each product’s detail page provides an estimate of the lead time typically required before the item can ship. Most of our products can ship the same day. Cut to order items will always take at minimum one business day before they can reach our cut room to be cut.
Orders containing non-perishable items can ship out Monday – Friday. Orders containing perishable items will ship out using FedEx Standard Overnight or Priority Overnight service Monday through Thursday. After 2:00 pm on Thursday, there’s an option to ship perishable food orders for Saturday delivery, otherwise if your order contains any perishable items the order will ship on Monday.
i. We accept all major credit cards for payment, as well as payments with PayPal. We do not accept payments by check at this time. If you have any problems using your credit card to complete an order, please call our toll free number at 1800.503.1581 and we'll be happy to assist you. You will receive an email or post mail detailing what items have shipped from your order (the “Invoice Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time.
ii. Except where otherwise set out in these Terms of Sale, the price payable by you for the goods is the price given by the Website at the time you place your order. Applicable taxes and the delivery fee will be added at the time you place your order, but will not affect the base price of the goods.
d. Shipping and Delivery
i. After we send you your Order Confirmation e-mail, we will send you a separate Shipping Confirmation email. The Shipping Confirmation email will include a tracking number that you may use to track your order on our delivery service provider’s website and obtain an estimated delivery date.
ii. The goods will be delivered by a delivery service provider to the delivery address specified by you during the order process. Once the goods have been delivered to the address you provided, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction. At this time we are unable to offer delivery to P.O. boxes.
iii. If you are shipping to an apartment building or condo, the shipping carrier will not leave the package outside of your door. If you have a doorman or reception that typically receives packages the shipping carrier may leave the package with them. We cannot be responsible for a package if it is delivered to an apartment or condo and then not left at the door because nobody is home to receive the order. Also note that any order above $700 will require a signature, and someone must be home to receive the shipment. If you are shipping to a gated home, you must make sure that someone is available to open the gate when the shipping carrier arrives, as packages will not be left at the front of the gate. We cannot be responsible for packages that are not left at a gated home because nobody is at the residence when the delivery is made.
iv. Packages are shipped using FedEx and we offer 4 shipping options, Priority Overnight, Standard Overnight, 2nd Day, Ground. Please note that Priority Overnight service may not be available in all areas, and an order that ships with a Priority Overnight service may arrive in the afternoon, depending on your delivery postal code, as determined by FedEx. We cannot offer any shipping refund for packages that miss their estimated delivery time by FedEx.
v. All orders are subject to verification at any time and for any reason. We reserve the right, in our sole discretion, to require proof of identity: (i) for the purposes of verifying the legitimacy of any order or other information; and/or (ii) for any other reason we deem necessary, in our sole discretion, for the purposes of fulfilling an order in accordance with these Terms of Sale.
vi. If a specific promotion is in effect, all promotional delivery charges will be identified according to which province they apply to.
We reserve the right to modify shipping promotions from time to time, and/or modify provinces to which the shipping promotion can be applied to. If there is no indication to which customers the shipping promotion is applied to, the default promotion will be extended to only Ontario and Quebec (unless otherwise stated).
4. PRODUCT FRESHNESS
a) We hold the highest quality standards of freshness and quality. To ensure that you receive all your products in optimal condition, we carefully pack them in an insulated Styrofoam box with frozen gel packs, depending on the products included in the order. This packaging is designed to maintain full product freshness while in transit.
Our stringent packing methods and temperature control packaging allows our products to remain fresh and in their original condition even if ambient temperatures change during their transportation period.
b) All orders that include perishable items require Overnight shipping. We strongly encourage that you or someone else be available at the delivery address to sign for the package and refrigerate perishable items upon delivery. You may choose for the package to be left at your door, but we cannot take responsibility should the items spoil while being left at your door.
5. CANCELLING AN ORDER AND RETURNING GOODS
a. We cannot accept returns of any perishable items. We just wouldn't feel comfortable reselling a perishable food item that hasn't always been in our control, and we hope you'll feel comfortable knowing that you're only ever going to receive products that are always within our control. Many other food companies do allow their customers to return perishable food items - that just doesn't feel "right" to us. Furthermore, we cannot except returns of any non-perishable items either. After they are all food products, so we believe that if you have read and agreed on all the product specifics found on each one of our products – it means that you were convinced about the product when the order was placed.
c. We explicitly reserve the right to reject any order or cancel any purchase at any time in the following cases, subject to any applicable refund: (i) the goods are not available/not in stock; (ii) the data you provide to us in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems; (iv) we have reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the goods; (vi) we have reason to believe that you are under 18 years old and do not have parental consent; or (vii) we cannot deliver the goods to the address you have provided.
d. We take all measures possible to assure your order is received intact and in proper condition. Sometimes though the route to your house gets a bit more bumpy than anyone can control. In the event that you receive a defective or damaged product, please contact us immediately after receiving your order. Do not throw anything out or discard any items, as we may require them to be sent back. The easiest way to help us resolve any defective or damaged merchandise is to take a picture of the item and then email it to us at [email protected] Please then call us at 1800.503.1581. Depending on the issue, order issues may be resolved with a replacement product being issued, a store credit, a credit to your order, or any other means we feel is appropriate.
6. GENERAL TERMS ABOUT OUR RELATIONSHIP WITH YOU
a. Limitation of Liability. These Terms and Conditions of Sale set out the full extent of Taste for Luxury’s obligations and liabilities in respect of the Products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us save for the ones expressly described in these Terms and Conditions of Sale. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. To the extent permitted under applicable laws, in no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory whatsoever, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, loss of profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not we are advised of the possibility of such damages, resulting from the use of, or the inability to make use of, the Products, the Web Site or the articles, materials, product information, data and other information set out on the Website.
b. Warranties. Except as otherwise expressly set forth in the warranty policy, to the maximum extent permitted by applicable law: (i) this website and all goods purchased by you through the website are provided on an “as-is” basis; and (ii) Taste for Luxury makes no representations or warranties about the website or any goods purchased by you through the website for any purpose, and expressly disclaims all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.
c. Events Beyond Our Reasonable Control (Force Majeure). We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
d. Waiver. Delay in our exercising or our failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
e. Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.