Terms of Purchase

TERMS OF PURCHASE & REFUND POLICY

Updated: March 22, 2020

Thank you for visiting our website, mobile website, or mobile application (“app”) (collectively, the "Platform").

These Terms of Purchase & Refund Policy, the Terms and of Use of www.babecanada.com (the “Site”) and Privacy Policy (together, the “Terms of Purchase”) govern any order or purchase of product (each, a “Product”) you make on the Site.  The Terms of Purchase are an agreement between you and BABE Canada, Labatt Brewing Company Limited, Anheuser-Busch InBev and our subsidiary and affiliated entities, which include different brands (the “Company”).

PLEASE CAREFULLY READ THE FOLLOWING TERMS, THE TERMS OF USE AND THE PRIVACY POLICY WHIICH ARE HEREBY INCORPORATED BY REFERENCE.  BY INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF PURCHASE, YOU AGREE TO BE BOUND BY THESE TERMS, THE TERMS OF USE AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY, AND YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH COMPANY.

PRIVACY

Please review our Privacy Policy, which also governs your purchase and is incorporated hereto by reference, to understand our practices. You can access our Privacy Policy by clicking here.

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.

ORDERS

Only residents of Canada who have reached the age of majority in their province of residence may place orders through the Site. Orders will be shipped to Canada only. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.

Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Terms of Purchase and the additional terms and conditions included in your order.

We may limit quantities available for sale and reserve the right to reject or correct any order for any reason.

DELIVERY AND TIMING

The shipping process and available options, including delivery method, carrier and estimated date of delivery or time for delivery, are described during the purchase process. We reserve the right to use a substitute carrier for your purchase at any time, at our discretion.

The delivery date of your purchase depends on the shipping method you have chosen. We will estimate the time it will take to deliver the Product(s) you purchase through the Site.  This time is provided as an estimate only, and Company shall not be responsible in any manner for deliveries made outside of this time frame.

PAYMENT

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

You can pay for any purchase you make online by using a MasterCard or VISA card. By submitting your payment by credit card, you authorize the Company to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted and the Company will have no obligation to fulfill your order.

All references to currency on the Site are to Canadian currency and all payments shall be made in Canadian currency, unless specifically stated.

CORRECTIONS

Company does not warrant that Product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. We will make reasonable efforts to correct the error on our Site if we discover that a Product’s price, description or specifications are incorrect

RETURNS AND REFUNDS

If you are unsatisfied with your purchase, please contact us at:

Returns
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Additional non-returnable items:
Gift cards
Downloadable software products
Some health and personal care items

To complete your return, we require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted (if applicable)
Book with obvious signs of use
CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at babemerchstore@labatt.com.

Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at babemerchstore@labatt.com.

Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping
To return your product, email babemerchstore@labatt.com to start the return process.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

WARRANTIES

OTHER THAN FOR EXPRESS, LEGAL OR IMPLIED WARRANTIES THAT MAY NOT BE DISCLAIMED OR EXCLUDED UNDER APPLICABLE LAW, THE PRODUCTS YOU RESERVE OR PURCHASE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.

LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR BODILY OR MORAL INJURY, SO THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.  TO THE EXTENT NOT PROHIBITED BY LAW, YOU ACKNOWLEDGE AND CONSENT THAT IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE (i) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, EXTRA-CONTRACTUAL LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (ii) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SITE OR THE PRODUCTS, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SITE.

APPLICABLE LAW

[Not applicable to consumers residing in Quebec] These Terms of Purchase shall be construed in accordance with and governed by the laws of the Province of Ontario, without reference to conflict of laws provisions, and the Federal laws of Canada applicable therein. You attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

[For consumers residing in Quebec] These Terms of Purchase shall be construed in accordance with and governed by the laws of the Province of Quebec, without reference to conflict of laws provisions, and the Federal laws of Canada applicable therein. You attorn to the exclusive jurisdiction of the courts of the Province of Quebec located in the District of Montreal (Quebec).

Your use may also be subject to other local, provincial, national, or international laws.

MISCELLANEOUS

These Terms of Purchase may not be modified by you except by a writing executed by the duly authorized representatives of Company. These Terms of Purchase will ensure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Purchase may be assigned by Company but may not be assigned by you without the prior express written consent of Company.

If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof would be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.

It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Purchase will be deemed to constitute either party as the agent or representative of the other party or both parties as joint ventures or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Purchase due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.

The headings and captions contained herein will not be considered to be part of the Terms of Purchase but are for convenience only. The Terms of Purchase sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

The parties have expressly requested that these Terms of Purchase and any ancillary documents be drafted in English. Les parties ont expressément requis que les présentes modalités d’achat et tous les documents y afférant soient rédigés en langue anglaise.

CONTACT INFORMATION

BABE Beverage Co.

207 Queens Quay W, Suite 299

Toronto ON M5J 1A7 Canada

babemerchstore@labatt.com