Terms & Conditions

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. This Terms of Use Agreement states the terms and conditions under which you may access and use ChefMix.ca  (the ''Website''). By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. ChefMix may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

If for some reason your product has arrived damaged in some way, please let us know within the 3 days of receipt to minimize any delay in us providing you with a replacement. If this is the case, please contact us by email at info@chefmix.ca. PLEASE ENSURE ONCE YOU RECEIVE YOUR ORDER THAT YOU IMMEDIATELY CHECK FOR ANY DAMAGE AND INFORM US STRAIGHT AWAY. Don't forget to include the product name (serial number if appropriate), your order number, reason for return and your contact details.

 

1. Designation

"Seller" refers to ChefMix

"Buyer" means the person who purchases products from the Seller.

"Products" means the products which the Seller sells to the Buyer.

"Purchase Price" means the price to be paid by the Buyer for the Products, as set out in the Order Confirmation, and any applicable sales, use, excise, products and services / harmonized and other taxes, freight, shipping and handling.

"Order" means the Buyer's offer to purchase Products from the Seller, as submitted by the Buyer to the Seller via the Order page on the Website.

"Defective" means containing a fabrication defect,  and "Defect" has a corresponding meaning.

"Order Confirmation" means the Seller's confirmation that it will sell Products to the Buyer in accordance with an Order from the Buyer.

"Special Conditions" are any terms and conditions imposing additional restrictions, obligations and/or conditions on any Orders that are set out in the Order Confirmation.

"Terms and Conditions" means these terms and conditions of sale, the Order Confirmation, including any Special Conditions and any policy referred to herein.
 

2. Defining a Sale

  1. By submitting an Order, the Buyer is bound by these Terms and Conditions.
  2. These Terms and Conditions and any document referenced herein form the entire agreement between the parties for the ordering and the purchase and sale of Products. The parties expressly exclude any other terms, including any terms and conditions which the Buyer may purport to add to any Order or other document. To the extent that any provision in Buyer's Order or other document purports to supplement, amend or delete any provision in these Terms and Conditions, such provisions shall be deemed to be void, excluded and are not binding on the Seller.
  3. Any variation of these Terms and Conditions by the Buyer will only bind the Seller if agreed in writing between authorized representatives of the Seller and the Buyer and further provided that such writing specifically references this Section of these Terms and Conditions.
  4. The Seller's employees are not authorized to make any representations, warranties or conditions concerning the Products unless confirmed by the Seller in writing. The Buyer acknowledges that it does not rely on representations concerning the Products which are not confirmed in this way.

 

3. Orders

  1. All Orders are subject to acceptance by the Seller, evidenced as the Seller issuing an Order Confirmation. The Buyer's Order constitutes an offer to purchase Products at the Purchase Price in accordance with these Terms and Conditions, and is not binding on the Seller. The Buyer can cancel an Order for any reason as long as he has email confirmation from ChefMix  prior to Order being shipped out.
  2. The Seller reserves the right to reject the Buyer's Order in whole or in part without any liability to the Buyer, for any reason or for no reason, as determined by the Seller in its discretion, including if the Products are unavailable due to unforeseen circumstances (including Orders exceeding reasonably anticipated demand), or are in imperfect condition at the expected time of shipment.
  3. In the event of a rejection or cancellation as set out in Sections 3.1 and 3.2, the Seller has no liability or obligation to the Buyer whatsoever, including any obligation to source an alternate supplier of the Products, find a replacement Good, and/or pay any consideration to the Buyer.
  4. The Seller may make minor modifications / substitutions in the design and specification of the Products at any time without notice to the Buyer, even if an Order Confirmation has been issued. In the case of material modifications to the Products, the Seller shall notify the Buyer of such material modifications. The Buyer may accept or reject the Good as modified within 48 hours of the email being sent by the Seller. If the Seller has not received a response from the Buyer within this time period, the Seller will refund the Purchase Price as per the original payment method(s) and cancel the Order, even if an Order Confirmation has previously been issued.

4. Advertised Price, Payment and Currency

  1. All advertised prices shown on the Website are exclusive of applicable sales, use, excise, products and services / harmonized and other taxes, freight, shipping and handling. Any such fees and charges that are charged to or collected by the Seller are added to the advertised price, as shown in the Order Confirmation and are the responsibility of the Buyer.
  2. The Buyer will pay the Purchase Price in accordance with the procedures set out in the Seller's website.
  3. Payment is made by credit card. The Seller will charge the Buyer's credit card immediately upon acceptance of the Order.
  4. All prices shown are in Canadian dollars.

 

5. Delivery

  1. The place for delivery of the Products will be set out on the Order Confirmation.
  2. Any dates quoted for delivery of the Products are estimates only. Time for delivery will not be of the essence and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Products howsoever caused.
  3. In the event that the quantity of Products delivered is less than the quantity of Products as indicated on the accompanying invoice or bill of lading, the Buyer shall accept the Products delivered, shall note the shortage on the carrier's bill of lading, if possible, and shall notify the Seller of the shortage as set out in Section 5.5.
  4. If the Products are alleged to be damaged on delivery, a description of the alleged damage or Defect must be given in writing to the carrier at the time of delivery, if the alleged damage or Defect is obvious upon receipt. The Buyer must notify the Seller of the damage as set out Section 5.5.
  5. The Buyer must notify the Seller of any short delivery or Products damaged in delivery, in writing, within three days of delivery. If the Buyer fails to do so within this time, the Products are deemed to be delivered in good condition and in the quantities set out on the invoice and/or bill of lading. In each case, the notification must include the invoice number, Order Confirmation number, delivery note number and details of the claim. In the case of a valid claim for damaged Products, the Seller may, in its sole discretion, replace the Products (or the part in question) or refund to the Buyer the Purchase Price (or an appropriate proportion of the Purchase Price) exclusive of import/export or customs duties, tariffs, charges and/or other charges, as per the Buyer's original method(s) of Purchase. Damaged Products must be returned to the Seller. In the case of a short shipment, other than a shipment that has been partially cancelled, the Seller shall deliver the outstanding portion of the Order. In either case, the Seller will thereafter have no further liability to the Buyer for the short shipment or damaged Products.
  6. The Seller reserves the right to make delivery of the Products by instalments, without notice to the Buyer.
  7. If the Buyer fails to take delivery of the Products, the Seller may pursue any remedy legally available, including either or both of the following:
    1. The Seller may store the Products until actual delivery is effected and charge the Buyer for the cost (including insurance) of storage, together with any other reasonable incidental costs; and/or
    2. sell the Products at the best price readily obtainable by the Seller and (after deducting all storage and selling expenses) charge the Buyer for any shortfall below the Purchase Price.
  8. The Buyer must advise the Seller in advance, in writing, of any requested alteration, cancellation or deferral of delivery, which the Seller may accept or reject at its discretion. The Seller reserves the right to make a charge which will not normally be less than 20% of the cost of the Good altered, deferred or cancelled.
  9. Products may not be returned to the Seller except as provided in Sections 7 and 8 below.

 

6. Risk and Property

  1. Risk of damage to or loss of the Products will pass to the Buyer on delivery at the address set out in the Order Confirmation.
  2. In the case where no signature or other proof of receipt is required by the carrier (all Orders under $200), all such Orders reported as delivered by the carrier shall be deemed to be delivered to and received by the Buyer. The Seller is not responsible for any lost or stolen Orders; the Buyer is solely responsible for selecting a secure delivery location.
  3. In the case where a signature or other proof of receipt is required by the carrier upon delivery (required for all Orders over $200), any signature on that document, or other proof of receipt, will constitute conclusive evidence of delivery of the Order to the Buyer.

 

7. Product Returns

  1. The Buyer shall have the right to return Products in the following circumstances:
    1. for any reason, within thirty (30) days beginning on the day after the Buyer receives the Products, provided that this 30-day return period does not apply to:
      1. Products that have been used;
      2. Products that been assembled or installed by or on behalf of the Buyer, in whole or in part;
      3. Products that the seal of the original packaging or any of its components have been opened or tampered with
      4. Products that are missing any or all packaging component
      5. Products that are no longer in resalable condition.
    2. within ten (10) days of delivery in the case of Defective Products (other than damage that is or should have been apparent upon delivery, which is subject to the three-day notification period set out in Section 5). Upon the Seller's confirmation that the Good is Defective, the Seller will refund the Purchase Price excluding shipping fees as per the original payment method(s). However, this does not apply to Products with a minor Defect, as determined by the Seller, that are capable of rectification, and are so rectified by the Seller at the Seller's expense. In the case of a minor Defect, the Seller may rectify the Defect by repair and/or a partial refund, as determined by the Seller.
  2. Notice of the Buyer's wish to return the Products must be made in accordance with the notice provision in Section 11.2 below. The return package must be postmarked within the return periods noted above.
  3. The Buyer must comply with the return procedure in Section 8 to obtain a refund. Failure to comply with such procedure will result in the Products being rejected and returned to the Buyer.
  4. All Products returned by the Buyer to the Seller must be the original Products as delivered to the Buyer, in their original, undamaged packaging and must be in an unused condition (except only in the case of Products which have been discovered to be Defective).
  5. Under no circumstances will the Seller accept any returned Products, even if Defective, that have been tampered with, modified or replaced or switched with counterfeit and/or different products, in whole or in part, as determined by the Seller in its discretion. In such event, the Seller may reject the refund claim, retain the returned products, notify local law enforcement agencies in the Buyer's jurisdiction and/or pursue civil remedies against the Buyer.
  6. In the event that any return does not comply with these Terms and Conditions, the Seller reserves the right to refuse either all or some of the refund  which would otherwise be due in respect of such returned Products.

 

8. Procedure for Returned Products

  1. All returns must be made pursuant to the Returns Authorization procedure provided by ChefMIx customer support.
  2. Provided that the Buyer has complied with these Terms and Conditions with respect to any returned Products, the Seller shall issue a refund of the Purchase Price exclusive of any import/export or customs duties, shipping, tariffs, charges and/or other charges, subject to subsections 8.3 and 8.4 below. Refunds shall be made as per the original payment method(s).
  3. In the case of cancellation under Section 7.1.1 above, the Buyer is responsible for the costs of freight, shipping and handling and insurance to return the Products to the Seller. If this is paid by the Seller, the Seller may deduct such amounts from any refund due to the Buyer (or to charge the Buyer, as the case may be).
  4. In the case of cancellation under Section 7.1.2 above, the Seller shall be responsible for freight, shipping and handling (including initial and re-delivery charges (if any)) in respect of the Products, and shall refund the Purchase Price exclusive of any import/export or customs duties, tariffs, charges and/or other charges.

 

9. Warranties

The only express warranties that apply to the Products are those issued by the respective manufacturer, if applicable. Such warranties, if applicable, are exclusive and to the maximum extent permitted by law, the Seller expressly excludes all other warranties, representations, guarantees or conditions of any kind, including any statutory, oral, written, express or implied, and any implied warranty of merchantability or fitness for a particular or general purpose.

 

10. Limitation of Liability

  1. Except as provided in Section 10.2, the Seller, its agents, employees, subcontractors and suppliers will not be liable to the Buyer for any indirect, incidental, special or consequential loss or damage, any loss of profit, loss of opportunity or revenue, or other claims for compensation whatsoever directly or indirectly arising out of or in connection with these Terms and Conditions, including any Order or Order Confirmation, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Products or their use by the Buyer. Nothing in this Section 10.1 shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller's negligence.
  2. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with these Terms and Conditions, including any Order or Order Confirmation, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Products or their use by the Buyer, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the Purchase Price (excluding applicable sales, use, excise, products and services / harmonized and other taxes, freight, shipping and handling) for such Products. Such amount shall be the Buyer's sole remedy, and the Seller's sole liability for such matters.
  3. This limitation of liability shall prevail over any conflicting or inconsistent provision contained in any provision of these Terms and Conditions.

 

11. Notice

  1. Any notice given or made under these Terms and Conditions will be in writing and delivered pursuant to Section 11.2 below.
  2. A notice will be deemed to have been duly given or made as follows:
    1. if sent by personal delivery, including a nationally recognized courier (signature required upon receipt), upon delivery at the address of the receiving party;
    2. if sent by mail, five clear business days after the date of posting; or
    3. if sent by email, the first business day after mailing.

The foregoing time periods do not apply to emails sent by the Seller pursuant to Section 3 above, which notices shall be deemed to have been received immediately upon delivery. A "business day" means a day, other than a Saturday or a Sunday, excluding national and provincial (Quebec) holidays.

  1. For the purpose of these Terms and Conditions, notices will be given to the Seller at its address set out in Section 1, for the attention of the Company Secretary. Notices will be given to the Buyer at the address to which the Products have been delivered.
  2. The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address in accordance with this section. This notification will only be effective on:
    1. the date specified as the date on which the change is to take place; or
    2. if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.

 

12. Governing Law and Jurisdiction

  1. To the extent permitted by law and except if restricted or prohibited by law, these Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein without giving effect to the choice of laws provision thereof.
  2. The parties expressly exclude the operation of the United Nations Convention on Contracts for the International Sale of Products.
  3. These Terms and Conditions apply to the extent permitted by law and unless restricted or prohibited by law. The Buyer may have additional rights in its local jurisdiction that these Terms and Conditions cannot change. If any term or provision in the agreement is found to be void or unenforceable, including for reasons of being against public policy, by a court of competent jurisdiction, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified (including if the court elects not to do so for any reason), then the same shall be deemed deleted in its entirety, and the remainder of these Terms and Conditions shall survive with the said offending provision eliminated.
  4. NOTHING IN THESE TERMS AND CONDITIONS SHALL OPERATE TO DENY OR LIMIT ANY RIGHTS OF, OR THE SELLER'S LIABILITY TO, ANY BUYER WHO IS A CONSUMER AS DEFINED PURSUANT ANY APPLICABLE LEGISLATION IN THE BUYER'S LOCAL JURISDICTION, WHICH RIGHTS SUCH BUYER MAY HAVE AT LAW. IN THE EVENT OF CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND ANY SUCH RIGHTS, THE LATTER SHALL PREVAIL IN FAVOR OF THE BUYER.

 

13. Intellectual Property

  1. The ChefMix.ca logo, name, and other marks indicated on the Website are trade-marks and/or registered trade-marks of ChefMix, Limited in Canada, the United States and/or other jurisdictions. ChefMix.ca's graphics, logos, page headers, button icons, scripts and service names are the trade-marks or trade dress of ChefMix.ca. ChefMix.ca's trade-marks and trade dress may not be used in connection with any product or service that is not ChefMix.ca's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ChefMix.ca. All other trade-marks not owned by ChefMix.ca that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ChefMix.ca.

 

14. The Buyer is the end user of products

The Buyer agrees that all purchases are for personal use and will not be resold to other persons for any reason whatsoever.

 

15. Copyright Complaints

  1. User acknowledges that ChefMix.ca is a "service provider" under the United States Digital Millennium Copyright Act (the "DMCA") and is therefore immune from liability under the DMCA. Consistent with the DMCA, ChefMix.ca may accommodate standard technical measures used to identify and protect copyrighted works.
  2. ChefMix.ca respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ChefMix.ca's copyright agent with the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • Description of the copyrighted work that you claim has been infringed;
    • The location of the material that you claim is infringing is located on the ChefMix.ca website;
    • Your address, telephone number, and e-mail address;
    • A statement that your claim of infringement is based on a good-faith belief;
    • A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

16. Miscellaneous

  1. No Waiver. If the Seller does not exercise a right or power when it is able to do so, this will not prevent it from later exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner. The Seller's rights and remedies are additional to and not in derogation of, any other rights and remedies it may have at law.
  2. Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms and Conditions.
  3. English Language. THE PARTIES HERETO CONFIRM THAT THEY UNDERSTAND WRITTEN ENGLISH AND IT IS THEIR WISH THAT THIS AGREEMENT, AS WELL AS ALL OTHER DOCUMENTS RELATING HERETO, INCLUDING ALL NOTICES, HAVE BEEN AND SHALL BE DRAWN UP IN THE ENGLISH LANGUAGE ONLY. LES PARTIES AUX PRÉSENTES CONFIRMENT LEUR COMPRÉHENTION DE L'ANGLAIS AINSI QUE LEUR VOLONTÉ QUE CETTE CONVENTION, DE MÊME QUE TOUS LES DOCUMENTS, Y COMPRIS TOUT AVIS, QUI S'Y RATTACHENT, SOIENT RÉDIGÉS EN LANGUE ANGLAISE.

17. Privacy

The Buyer consents to the collection, use and disclosure of the Buyer's personal information by the Seller and its third party providers and distributors in accordance with the terms and for the purposes set forth in the Privacy Policy found on www.ChefMix.ca, the terms of which are hereby incorporated by reference. The Buyer agrees that the terms of such policy are reasonable.

18. Emails

ChefMix and its affiliates reserve the right to send you communications electronically either via email or via site postings. You agree that all notices, agreements, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Should the user wish to stop receiving communications from the Seller, he may opt out at any time by clicking on the opt out link inside any one of our emails.

19.  Shipping and Deliveries

Orders placed on Chefmix usually ship within 2 business days from the initial time of purchase. In the event that an item is deemed "out of Stock", the item in question can take up to 10 working days to be shipped (pending product availability). If it has been over ten (10) days since the initial order was placed and you have yet to receive a shipping confirmation, we will contact you regarding the status of your order. 

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