Terms of service

PURPOSE

The purpose of the Website is to provide a simple, convenient and cost-effective service to supply any of the products (the “Products”) detailed on our Website to you. The supply of Products to you is strictly not for commercial or business use or resale consumers. 

SIGN UP

If you are a new user, you will need to enter an email address and create a username and password. You must keep your username and password confidential as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address.

ORDERS

1. Once you have found the desired product, you can add it to your shopping basket without obligation by clicking the button [Add to basket]. You can view the content of the shopping cart at any time by clicking the button [Basket] in the top right corner of the page. You can remove products from the cart by clicking on the button [Delete] at any moment. In order to purchase the products in your shopping cart, click on the button [Checkout]. Clicking the button [Next] will lead to the ordering page. Review all your ordering information once more making sure all specifications fit your requirements.
2. Once you have set up an account, you will be directed to the (shipping confirmation/ delivery options) page where you may select the type of delivery.
3. You will then proceed to the secure payment page where you may select the payment type and complete your order. Clicking the button [Purchase] will confirm your Order and complete the ordering process. This process can be aborted at any time by closing the browser window.
4. When you place an order (“Order”) through our Website, an email thanking you for your Order and confirming your Order has been received (the “Confirmation Email”) will be sent to you by us. Once your Order has been accepted, this represents an agreement between you and the Store. In case the product ordered is not available, we will notify you immediately and suggest the delivery of a comparable product, if applicable. Should no similar product be available or should you not wish to receive a similar product, then you will be reimbursed for any payments already made. In case your Order quantities are greater than available units per item, one of us will contact you to assist with your Order.

By placing an Order through the Website, you warrant that you are legally capable of entering into binding contracts.

PRICE AND PAYMENT

The price of any Products will be listed on our Website. Prices are quoted in Canadian Dollar (CAD$). Prices are liable to change at any time, but the changes will not affect orders in respect of which you have been presented with the Confirmation Email. 

Unless otherwise indicated, prices stated on our Website do not include any applicable Value Added Tax or other sales tax. The breakdown of any applicable VAT payable with your order is indicated on the invoice you will receive on supply/with the goods. VAT or other sales taxes may be charged where it is legally appropriate for us to do so.

The prices for the Products exclude any delivery costs, which will be added to the total amount due. Our delivery charges are as set out in these Terms and will be confirmed in the Invoice issued to you.

You may pay by MasterCard, VISA, Google Pay, PAY PAL,Shopify Pay

Please ensure if you are using a credit card that you provide the card holder's name as it is shown on the card, and the billing address corresponds as it appears on the card statement. Payment will be taken in, and if applicable, your card will be charged according to the exchange rate at that time.

 

CUSTOMS

When ordering goods for delivery outside Canada you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Please be aware that you must comply with all laws and regulations of the country in which you are receiving the goods.

OUR LIABILITY

You assume all responsibility and risk with respect to your use of the Website, which is provided “as is.” We disclaim all warranties, representations and endorsements of any kind, either express or implied, with regard to the information accessed from or via the Website including, without limitation, all content and materials, and functions and services provided on the Website, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness or usefulness, or content or information, uninterrupted access, and any warranties of title, non-infringement, merchant ability or fitness for a particular purpose. We do not warrant that the Website, or their functions or content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website will meet users' expectations or requirements. No advice, results, information or materials, whether oral or written, obtained by you through the website shall create any warranty not expressly made herein. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material. In no event shall coffee island, its affiliates, any of their respective directors, officers, employees, agents or respective content or service providers, be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action (whether in contract or tort, including, but not limited to, negligence, fault or otherwise) (collectively, “damages”) arising from or in any way related to the use of, or the inability to use, or the performance of the Website and the content or materials or functionality on or accessed through the Website including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales or any other type of damage, whether tangible or intangible in nature, even if coffee island or its affiliate or their respective representative or such individual has been advised of the possibility of such damages. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Some jurisdictions do not allow limitations on implied warranties or exclusions of liability for certain types of damages; as a result, the limitations or exclusions of liability contained herein may not apply to you in whole or in part. Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.

INTELLECTUAL PROPERTY

You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Website for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of us.

All copyright, trademarks and other intellectual property rights in this Website and its content (including without limitation the Website design, text, graphics, logos, icons, images and all software, databases and source code connected with the Website) are owned by or licensed to www.kindgrinds.ca  or otherwise used by www.kindgrinds.ca  as permitted by law. We are the sole and exclusive copyright owners of the Website and its content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world associated with the Website, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Website contains original works and has been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.

Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any of Kind Grinds trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of www.kindgrinds.ca  ; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation.

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Website will not infringe the rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Website infringes upon any copyright trademark, or other contractual, intellectual, or statutory rights.

LINKS FROM OUR WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Our Privacy Policy applies solely to the personal data collected on this Website and does not apply to third party websites you may access from here. We are not responsible for the privacy policies of third party websites and we advise customers to read the privacy policies of other websites before registering any personal data.

WAIVER

We shall not be responsible for any delay or non-performance of our obligations under this agreement arising from any cause beyond our control including, without limitation, any force majeure events.

AMENDMENTS TO THE TERMS

To the extent permitted by law, we may amend these Terms at any time by posting updated or revised Terms of Use at the Website. Please check frequently for any updates or revisions to these Terms. Unless otherwise indicated by us, any Amendments shall apply on the effective date of the Amendments. Your use of the Website after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

SEVERABILITY

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

YOUR RIGHTS AS A CONSUMER

Nothing in this Agreement will affect your legal rights as a consumer.

HOW TO CONTACT US

If you need any information or if you have any complaints, please contact Us by e-mail at kindgrindscoldbrew@gmail.com 

If you have any enquiries about your Order, please contact Us by e-mail at kindgrindscoldbrew@gmail.com 

APPLICABLE LAW

The validity, interpretation, construction, and performance of these Terms of Use shall be governed by the laws of Ontario, without giving effect to its principles of conflict of laws. EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF ONTARIO, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms (a “Dispute”), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered by under the rules of ADR Institute of Canada, Inc.’s Arbitration Rules. If the parties have not agreed upon the arbitrator within 14 days, the parties shall ask the ADR Institute of Canada, Inc. to appoint a single arbitrator. The seat of the arbitration shall be the same as the provincial or territorial law governing these Terms. The arbitration shall be heard in the capital of the seat, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. A party to the arbitration has no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY IN CONNECTION WITH THESE TERMS. You agree that you will not contest venue, and you waive any rights that you may have to initiate, transfer, or change the venue of any litigation arising from or related to these Terms.

WHEN WILL MY ORDER SHIP? / 01
All orders typically ship in 3-5  business days (Mon-Fri) 

To review your order status, login to your account. If you have any further questions or concerns, please let us know and we will do everything we can to help you with your order.

WHAT SHIPPING OPTIONS DO YOU OFFER & HOW LONG WILL IT TAKE TO GET MY ORDER?

Depending on where you are located, we ship differently. Please note all delivery time frames are estimates. Actual delivery time frames may vary due to weather, service delays, holidays etc

HOW DO I KNOW IF MY ORDER HAS SHIPPED? CAN I TRACK IT?
If you purchased tracking, you will get a tracking number 1-2 days after your order ships.  If you did not purchase tracking, you can not add tracking after the fact. 
Once your order ships, you will receive an email containing your tracking number. Tracking links take 1 to 2 business days to update in our shipping partner’s system, so give it some time to process.  

If for any reason you have not received your shipping confirmation email and your order date is past 5 business days, please email us at at kindgrindscoldbrew@gmail.com