Website Terms and Conditions
Please read these terms of service (“Terms”) carefully as they contain important information regarding your legal rights, remedies and obligations. These include various disclaimers,
limitations of liability, and a dispute resolution clause that governs how disputes will be resolved.
The website at https://www.delectabledesserts.ca/ (this "Website") is owned and operated by Delectable Desserts Inc. (the "Company", "we", "us", and "our"). Information contained in this Website is for information purposes only. Access and use of this Website in order to purchase the products created by us ("Products") is provided to a visitor (“you”) on the condition that you accept these Terms. By accessing or using this Website to purchase Products, you agree to these Terms. If you do not agree to these Terms, you may not access or use: (i) this Website; or (ii) purchase any Products through this Website.
The following constitutes a legal agreement between you and us with respect to our Website service, and the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. When purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Website, including all legal liability that he or she may incur.
These Terms, this Website, and the Products advertised on this Website may be amended or otherwise changed from time to time without notice. For the avoidance of doubt, The Company reserves the right to: (i) revise, modify, supplement or delete any information, materials, services and/or resources contained on this Website; and (ii) make such changes without prior notification to past, current or prospective visitors. It is your responsibility to check for such changes periodically. If you do not agree with any change, you must stop using or accessing this Website. Your continued access or use of this Website and purchase of the Products after any such change is posted on this Website will constitute your acceptance of the change.
TERMS AND CONDITIONS FOR PURCHASE OF PRODUCTS
1. This Website permits you to purchase our Products from us. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
2. Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an order confirmation (“Order Confirmation”) to
notify you of the fact we have received and accepted your order. The Order Confirmation will be accompanied by an invoice.
2.1 After you receive your Order Confirmation we will give you a delivery or pickup date for your order. Please note that we require a minimum 48 hours (after Order Confirmation)
for all orders.
2.2 If you notice an error in the Order Confirmation you must notify us by telephone within 28 hours of receiving the product.
2.3 If you wish to cancel your order for any reason, you must notify us by telephone or email within 48 hours before the due date.
2.4 If you wish to add to or change your order, or change the date or time of delivery or collection of your order, then we will do our best to accommodate you, provided that we
are given adequate notice of the changes.
2.5 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out
herein will become effective.
3. PRICE AND PAYMENT
3.1 The price to be paid by you for any Products will be as quoted on our Website except in the case of a direct written or verbal quotation given by us to you or in cases of obvious
error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect pricing.
3.2 All direct price quotations, written or verbal, are valid for 21 days from the date of quotation.
3.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
3.4 Any applicable taxes will be calculated and displayed on your invoice.
3.5 Payment for all Products must be by a method acceptable to us. When we contact you to confirm your order we will also confirm payment method. We will send you an invoice
upon receipt of payment.
4. AVAILABILITY, DELIVERY, & COLLECTION
4.1 The Products ordered by you can only be delivered to the address provided by you to us, or collected by you (or someone you designate to pick up the order) from our store
located at 50 Eileen Stubbs Avenue, Unit 112, Dartmouth, Nova Scotia.
4.2 A minimum charge for delivery, may be applied at a rate to be determined by us. This rate will be communicated to you prior to you receiving your invoice.
5. RISK & TITLE
5.1 The Products will be at your risk from the time you collect the Products from our shop or we deliver them to you.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
6. ALLERGY DISCLAIMER
6.1 Please be aware that all ingredients are processed on the same equipment (eggs, soy, wheat, coconut). Although we have strict processes in place to prevent cross-contact
there is still a slight risk of the presence of any allergen
7. RETURNS POLICY
7.1 We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, the color or wording is incorrect), or the order is incomplete, or a Product is in a damaged condition when you receive it, please notify us immediately by telephone at (902) 468-
2700. If a Product is not as on the Order Confirmation or damaged we will credit or refund your purchase. In the case of damaged goods you must retain the damaged Products and all packaging for inspection by us. Subject to our report on the claimed damage and to these Terms we will refund the price you paid for the returned Products together with the delivery charge, or at our option we will provide you with a credit for further products. We will have no liability to you for any indirect loss.
7.2 We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us
if we refund any such payment to you.
7.3 Since taste is a very personal matter and subjective we cannot accept the return of any Products merely because you do not like the taste.
7.4 The provisions of this clause do not affect your statutory rights.
8. OUR RIGHT TO VARY THESE TERMS & CONDITIONS
8.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in
technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
8.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
9. YOUR AGREEMENTS
YOU AGREE that:
9.1 you will not advertise or represent our Products as though they were made by you in an effort to resell and make a profit. An exception is made for the restaurants or businesses
that purchase our Products for display and resale in their establishments.
You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms for your use of the Website and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
11.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms.
11.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms in whole or in part.
12.1 We have the right to withdraw any Product from the Website for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost
as a result of such unavailability.
12.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
12.3 These Terms represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding or
arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
12.4 Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
12.5 Any headings and titles herein are for convenience only.
12.6 If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction,
shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
12.7 Any claims or disputes arising from, related to, or in connection with (i) these Terms, (ii) this Website, (iii) the Products, and (iv) your access, use, or reliance of any of the
foregoing (each a “Dispute”) will be resolved in accordance with the laws in the Province of Nova Scotia without regard to its conflict of law rules. Any such claims or disputes
must be brought before the courts in the City of Halifax, Nova Scotia and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the
foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief.
These Terms were last updated on Aug 31, 2020