Terms & Conditions
Last updated: November 30, 2023
About These Terms and Conditions
Global Retail Brands Limited Canada ("we", "us", the “Company”) operates a website, thecustomchef.ca(our "Site") and the Site, the products available for purchase on the Site (“Products”) and related services are made available to the Customer ("you") pursuant to the following Terms and Conditions, our Shipping & Delivery and Returns policies and any other policies posted on our Site from time to time, including any content, functionality, and services offered on or through the Site (collectively, the "T&C's"). Please read the T&C's carefully before placing any orders on our Site.
We recommend you should keep a copy of the T&C's for future reference. By accessing or using this Site, you agree to these terms & conditions of use. If you do not agree to these terms you may not use this site.
Use of Site
This Site is not intended for use by children under the age of 13. Use of the thecustomchef.ca website is void where prohibited by applicable law. By using this Site, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with us 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.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
NOTE: THESE T&C’S CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE T&C’S AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Variation
We may, at any time, and at our sole discretion, modify these T&Cs from time to time, with or without notice to you. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. Each time you use the Site, you should review the current T&C’s. You can determine when these T&C’s were last revised by referring to the legend at the top of these T&C’s. Your continued use of our services or this Site following any such modification constitutes your acceptance of these modified terms.
The information and material on this Site may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
Additional Terms
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on the Site.
General Content Guidelines
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site.
You may not upload to or in any way amend or deface our Site or allow it or cause it to be used for any purpose that is not lawful and you must abide by all applicable laws, regulations and codes of conduct.
In particular, you must not use our Site in any way to:
- Disparage, defame, abuse, harass, stalk, threaten or otherwise offend others including us.
- Send unsolicited emails or spam as though, from or via our Site.
You must also not use our Site in any way to send to others anything that contains viruses, or other computer code, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this Site on a temporary or permanent basis.
You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these T&C’s or any other legal obligation by you or your use of or conduct on our Site. These terms also apply to any social networking sites.
Social Networking Sites
All comments, images, videos and any other type of material posted on any third-party social networking site do not necessarily reflect our opinions or ideas or our employees and we are not responsible for any such content.
Third Party Websites
We may include links on this Site to other websites or resources operated by parties other than us. We have not reviewed all of the websites or resources linked to its Site and are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages or resources nor for the availability of such external websites or resources, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Privacy
By submitting your personal information and using our Site, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at Privacy Policy Page, as we deem necessary for use of the Site.
Liability Disclaimer
Except as explicitly provided in these T&C as amended from time to time, the Company makes no representations or warranties of any kind, express or implied, regarding the Site and/or any content provided on the Site, all of which are provided on an "as is" and "as available" basis. We do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Site, or any of the content or data found on the Site, and expressly disclaim all warranties and conditions in respect of the Site, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
We are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
We assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.
In no event shall we be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Site or content found herein, the operation of the Site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of the Site for purchases) even if advised of the possibility of damages.
Limitation on Liability
Except where such exclusions are prohibited by law, under no circumstance will the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, any linked websites or such other third-party websites, nor any website content, materials, posting, or information thereon.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these T&C or your use of the Site, including, but not limited to, your user submissions, third-party sites, any use of the Site’s content, services, and products other than as expressly authorized in these T&C.
General
Intellectual Property Rights
You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the us, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, trademarks, logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
- one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads.
Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print off, copy, or download any part of our Site in breach of these T&C, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Site or to any content on the Site, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these T&C is a breach of these T&C and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Compensation and Liability
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these T&C's.
No Waiver
You acknowledge that if you breach the T&C's and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C's. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C's in any way.
Assignment
You may not assign any rights and obligations under these T&C’s whether in whole or in part without the prior written consent of us. Any unauthorized assignment shall be deemed null and void.
Governing Law
All matters arising out of or relating to these T&C are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction).
Severability
If any provision of these T&C is invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these T&C.
Feedback
Any submissions by you to us (e.g., comments, questions, information, suggestions, data, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Terms and Conditions for Online Sales
Last updated: November 30, 2023
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system.
These terms and conditions (“T&C”) apply to the purchase and sale of products and services through thecustomchef.ca (the "Site"). These T&C are subject to change by Global Retail Brands Limited Canada (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these T&C will be in effect as of the "Last Updated Date" referred to on the Site. You should review these T&C before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These T&C are an integral part of the website terms and conditions of use that apply generally to the use of our Site. You should also carefully review our Website Privacy Policy before placing an order for products or services through this Site.
Eligibility to purchase
In order to make a purchase through the Site, you may be required to register and provide your personal details. In particular, you must provide your real name, phone number, email address and certain other requested information as indicated.
Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the billing information provided.
Acceptance of Your Order
How You Place Orders.
You may place an Order by selecting Products from our site, proceeding through our checkout and payment process and clicking the “Submit My Order” or "Pay Now" button. Once your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your Order, just a confirmation that we have received it. The confirmation of sale email and invoice (the "Sales Confirmation" and these T&C comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
Order Acceptance
By placing an Order, you make an offer to us to purchase the Products you have selected based on these T&C's. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation and invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
We reserve the right not to accept or reject your Order if:
We are unable to obtain authorization for payment;
The Product ordered is out of stock;
The Product does not satisfy our quality control standards and is withdrawn;
You do not meet the eligibility criteria set out within the T&C's;
The Product ordered is subject to an error on the website, for example, in relation to a description, price or image; or
An event beyond our control, such as storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the Product within a reasonable time.
To the extent permitted by law, we reserve the right to refuse to process and therefore accept a transaction, cancel an Order that we have previously accepted, refuse service to anyone, at any time and for any reason, at our discretion.
We will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.
Payment Methods
We currently accept Visa, MasterCard, AMEX, JCB, Discover, Diners, Elo, PayPal, GooglePay, ShopPay, Apple Pay.
We will email an invoice to you with your Order Confirmation. Payments will be debited and cleared from your account upon placing of your Order. By making a payment you confirm that the credit/debit card or payment account that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card or payment account to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
Prices and Taxes
All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.
Your Data - Use and Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy, which shall prevail in the event of any inconsistency with these T&Cs.
Credit Card Fraud
While we employ Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
We will take all reasonable care to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
Fraud Protection or Prevention Procedures
To help ensure we remain a safe and secure place for customers to transact we may ask you to confirm your identity by confirming information that you’ve provided us is correct. Our process is to contact you either by phone or email with a request to confirm certain information. This may occur when you open your account or when you make an online purchase. In addition, from time to time we may need to ask you for some extra information so that we can adequately identify who you are. This information will only ever be collected for the purposes of confirming your identity. Our process is entirely voluntary, however if you do choose not to confirm or provide the information we ask for then we may unfortunately not be able to continue to process your order. If we need to confirm your identity, we’ll attempt to contact you soon after you have placed your order. If we can’t confirm your identity within 7 days we will cancel your order and process a refund within 24 hours of our last attempt to contact you.
Disclaimers
- Colors
We have made every effort to display as accurately as possible the colors of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
- Pricing and Stock availability
We always seek to list Products with the most competitive prices. We are constantly revising our offerings of products, and we may discontinue products at any time without notice. All pricing for our products is subject to change. We reserve the right to change prices for Products displayed on the Site at any time before you submit an Order. We otherwise reserve the right to make adjustments due to changing market conditions,
currency fluctuations, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart. Please refer to Shipping Charges below for more details.
Unless otherwise stated, any accessories shown in any image of products are not included in the price.
- Errors
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. The site may contain errors, omissions, faults or inaccuracies and may not be complete and current. We reserve the right to make changes and corrections in prices, products, and specifications without notice. If there is a pricing error on the website we will endeavor to correct as soon as possible. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If your order is cancelled after you have paid for the goods, you will receive a full refund in the same tender as your original purchase.
Coupons and Discounts
Any coupon codes, including free shipping or discount offers, are valid at the time of order placement only and must be entered in correctly at the relevant point in the payment process for you to be eligible for the offer promoted by the coupon. Coupon offers will not be valid or honored on Orders successfully placed if used incorrectly or inappropriately. We reserve the right to cancel any order relating to a coupon code that we deem to have been used incorrectly or inappropriately.
Coupon codes are also not to be shared publicly. Sharing codes on a public forum is a breach of our T&C’s. It is your responsibility to read specific details about a coupon code, which may outline what it can or cannot be used for. For example, whether it requires a minimum spend or whether it applies to a specific range of products or available to a specific group of people only.
Promotional Sales
We reserve the right to extend or withdraw a promotional or sale offer at any time without notice. Promotion codes are not valid on gift cards or online gift vouchers. Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the website (e.g., duration of the promotion or sale, method of calculation of savings etc.). Please read these additional terms and conditions carefully. We take personal and non-personal data as disclosed in our Privacy Policy on this website and you agree and accept the terms therein. Please refer to our Privacy Policy.
Privacy
Our network is committed to protecting your privacy. We will handle any personal information collected from you for the purposes of managing a refund, credit, exchange or repair in accordance with our Privacy Policy.
Promotional Sales
We reserve the right to extend or withdraw a promotional or sale offer at any time without notice. Promotion codes are not valid on gift cards or online gift vouchers. Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the website (e.g., duration of the promotion or sale, method of calculation of savings etc.). Please read these additional terms and conditions carefully. We take personal and non-personal data as disclosed in our Privacy Policy on this website and you agree and accept the terms therein. Please refer to our Privacy Policy.
Force Majeure
To the extent permitted by law, we are not liable for any delay in performing any of its obligations under these T&C’s if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Waiver of Recourse to the Courts and Binding Arbitration.
- YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the ADR Institute of Canada¸ under its ADRIC Arbitration Rules.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration clause is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.