Website Terms of Use
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Definitions
- Customer - Original individual or organization who made a purchase from us.
- Recipient - Individual or organization receiving a purchase.
- Gift Card - Method of payment. Available in physical and digital designations.
- Multiship – A single order containing more than one shipment
- Future ship date - Calendar option at checkout which allows for orders to have a future ship out date from our fulfillment facility. This is not date of expected delivery to destination.
- Processing times - Estimated time it takes for our fulfillment team to process an order.
- Delivery standards/Delivery times - Estimated times it takes for our courier partners to deliver an order once it has been shipped out.
- Shipping deadlines - Date you must place an order by to ensure delivery by a celebration (for example Christmas, Easter, Valentine’s)
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General Provisions
- By accessing our website, you, the user, agree to the terms and conditions we set out here. These terms and conditions may change at our discretion any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions.
- Use of and orders placed on this website are governed by the laws and the courts of the province of British Columbia, and by the applicable laws of Canada. The user is also responsible for complying with these laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
- We may correct errors or inaccuracies and change or update information on this website at any time without notice, including prices and item availability. All sizes and weights quoted are approximate. We do not guarantee the reliability of these descriptions and we will not be liable for any inaccuracy, error or omission in the information contained on this site in relation to the products and articles offered for sale by us, including their prices. All prices listed exclude applicable taxes and are in Canadian dollars, and all delivery and any additional charges will be clearly displayed where they apply and will be processed in Canadian dollars. All prices listed on this site are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.
- We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.
- By using this site, you represent that you are of the age of majority in your jurisdiction. If you are a parent or legal guardian agreeing to these terms and conditions, you must monitor and supervise the use of this site by the minor and you are fully responsible for the minor’s use of this site, including all financial charges and legal liability that he or she may incur.
- The sale of products on this site may be subject to additional terms that will be made available when you place your order.
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Passwords & Accounts
- You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. We are not under any obligation to verify the actual identity or authority of any user of a password and login name. We may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages or expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.
- You agree to notify us immediately if the confidentiality of your account or password is compromised. We have the right to take any actions that we deem reasonable in such event provided that we will have no liability for any act or omission on this regard.
- We may suspend or cancel your account at any time for any reason without notice or liability to you or any other person.
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Copyright Considerations
- YAll textual and graphic content on this site, its organization and presentation, and our organization and domain name are our property, and are therefore copyrighted by us. The materials on this site may not be copied, reproduced, posted, or republished in any way. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only. Otherwise, the republication or use of these materials on any other website without prior written consent from us is prohibited, and all rights are reserved.
- The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Purdys Chocolatier, and so your own use of them is prohibited.
- Images of people used on this site are used with permission or in accordance with applicable law. Reuse of them without permission may violate the privacy and publication rights of those persons.
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Using Linked Content
- This site provides links to other websites. All those sites are independent from Purdys Chocolatier’s, and therefore we have no control over, and no liability for, those websites or their contents, or their use. We provide these links for your convenience, and you decide to access them at your own risk.
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User-Provided Content
- By submitting content on or through this site, by email or telephone, or by otherwise disclosing, submitting or offering content in connection with your use of this site, you warrant that you have full right and authority to submit that content, and that you have sole copyright and proprietary right over that content.
- You grant us a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the content however we desire, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way
- You may not contribute, post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever.
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Site Security
- You are prohibited from violating or attempting to violate the security of the site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this site other than the search engine and search agents available from us on this site and other than generally available third party web browsers.
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Our Liability
- This website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be cancelled.
- We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.
- Purdys Chocolatier is not liable for any damages arising out of or related to access to or use of our site, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.
- This agreement between Purdys Chocolatier and you, the user, supersedes all prior agreements and understandings pertaining to.
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Registration
- Registered and Guest Shoppers must provide accurate information including (but not limited to) name, company name, organization name, email, and phone number, shipping address. And billing address. Purdys is not responsible for any inaccuracies or typos, or spelling mistakes.
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Orders
- Future ship orders – We may sometimes cancel preorders or future ship orders due to product availability issues. Whenever possible substitutions will be made.
- Gift Messages - We reserve the right to not print gift messages that may be not appropriate. We’re unable to have special formatting arrangements. Customers should ensure accuracy by checking the order confirmation.
- Cancellations and Order changes must be done before we start processing your order.
- Out of Stocks – Refunds may be done automatically if a product is out of stock for rest of a season. A product replacement of similar value may also be offered. We may delay your order If the out of stock product becomes available within reasonable time.
- Lost Orders – We will be glad to replace or refund lost orders. If an order shows delivered by our carrier partner our customer service team may to talk to the recipient or open an investigation or claim where the recipient may be contacted.
- Processing Times - We try to process and ship out your order as soon as possible. Processing times may change during season peak times or because of circumstances outside our control.
- Pricing – Product pricing at retail, purdys.com or other channels may differ. Pricing only applies to the specific channel and it cannot be matched through channels outside the specific channel. Pricing, offers and discounts are subject to change.
- Order discrepancies - Please check your order immediately upon arrival for damage, shortages, or wrong product. Errors should be reported within 3 business days.
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Custom Packs
- Our custom chocolate box pricing is ultimately determined by the weight of the box and the type of chocolate ordered. Piece count may vary due to the shape of the chocolate piece(s). For example, our 32PC/454 grams box of chocolates may vary in piece count but will always be at least 454 grams.
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Business Orders and Customizations
- Customization requests. Purdys reserves the right to take on tasks outside the scope of inhouse processes. Pricing of products may be adjusted through additional fees. Please allow for 3-4 business weeks for the processing of your orders not including delivery times.
- Multiship orders. We take great care in fulfilling orders with multiple shipments. Our business team will direct you to spreadsheet that can be easily filled in. We only accept our template.
- Please ensure address information and gift messaging information is accurate. Gift message is sent as it appears on the template, name of sender (person or organization) must be added to the gift message by you.
- During peaks allow 2-3 business days for us to provide you an estimate. Depending on the size and complexity of your order our fulfillment team may take around 2-3 days to fulfill your order. Once fulfilled, delivery estimates are 5-10 business days to most Canadian destinations.
- A cancellation fee of 20% will be applied if the order is cancelled once we have ordered supplies.
- Artwork and quantities may not be changed once and order has been approved by customer.
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Mail Orders
- As store mail orders take extra steps please allow for 2-3 additional extra days for the processing of your order. Shipping deadlines on purdys.com are for direct purdys.com orders.
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Taxes
- Taxes. Orders being sent out across Canada are subject to GST/HTS or PST/RST/QST. Taxes on products and shipping are calculated on the province/territory the orders are being shipped to or the place of supply. For example if you are in Alberta and you ship to Ontario, your order will be charged 13% HST Ontario tax.
- Documents for First Nations tax exemptions need to be received and completed by the customer services for purchases to qualify for tax exemptions. To qualify for the exemption, the goods purchased must be for the personal use of the First Nations individual or for the use of the band. Personal use means for the beneficial use of the purchaser and may include business or commercial use.
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Volume Discounts
- Volume discounts apply to non-discounted products. Almost perfects are excluded from Volume discounts. Mix and Match product discounts will not apply if an order qualifies for a volume discounts. Purchases through our retail shops or other channels do not count towards the amount needed to qualify for our volume discount on purdys.com. We reserve the right to change our volume structure at any time.
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Gift Guarantee
- We guarantee the quality of our products. Our products are meant to be consumed within 21 days upon arrival. Issues and quality concerns must be addressed within 5 business days of receiving the order. If you order is wrong or does not arrive in good condition we will gladly provide you with a refund or replacement. Proof of quality or damage will be required.
- If you purchased from one of our retail shops please return to your closest shop. For processing the guarantee please provide the following information: contact information (name, address, phone number and email). Date and store location of your purchase. Reason for requesting the guarantee.
- We reserve the right to verify information. We also may deny our guarantee in cases where fraud and abuse are suspected.
- International shipments do not qualify for our quality gift guarantee.
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Gift Card Purchases
- Gift cards purchases cannot be canceled, returned nor exchanged. Gift cards and pin numbers are needed for gift card redemptions. Gift cards are except from our volume discount program. The value of a gift card cannot be replaced if the card is lost, stolen or destroyed and there is no proof where gift card numbers can be verified.
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Returns and Exchanges
- Returns and Exchanges – We’re unable to accept returns and exchanges.
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Reselling
- The No Resale Policy applies to R.C. Purdy Chocolates Ltd. products (the “Products”) available in retail stores, on Purdys.com including but not limited to Fundraising or Group Savings programs. By purchasing Products from R.C. Purdy Chocolates Ltd., the Customer (the “Customer”) agrees to adhere to the following No Resale Policy. The Products under these Terms & Conditions are provided to Customer for its internal use and not with a view to, or for resale in connection with, the distribution or other disposition thereof unless otherwise agreed in writing by R.C. Purdy Chocolates Ltd. Customer is not permitted resell the Products purchased in retail stores, on Purdys.com including but not limited to Fundraising or Group Savings programs, on the Internet without the prior written consent from R.C. Purdy Chocolates Ltd. Customer is prohibited from selling ANY Products on any publicly accessible third-party marketplace, including but not limited to Amazon, eBay, Walmart Marketplace, or other Marketplaces.
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Product Images
- We try our best to keep our media images up to date. Chocolate assortments and packaging shown online or catalogues may sometimes differ from what's shown online due to inventory shortages or circumstances outside our control. We may change these without notice or liability.
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Promotions
- Promotions exclusive to purdys.com may not be used at our shops or our Group and Fundraising programs. Multiple promotions are not accepted unless clearly stated.
- Promotional codes must be used before placing your order. We reserve the right honor promotions once an order is placed.
- Promotional products maybe be substituted for items of a similar value if they become out of stock or unavailable.
- We reserve the right to cancel promotions at any time.
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Shipping
- Free Shipping Offers. Our free shipping promotions thresholds apply on a per shipping addresses basis. If you are sending to multiple addresses each address must reach the required minimum threshold. For example, if we offer free shipping for orders $99 plus and you have two shipments, both addresses must have a qualifying purchase amount of $99+. Offer is currently only available for Canadian destinations going to non-remote areas. Shipping promotions will not apply to past purchases. Business multiship orders do not qualify for shipping promotions.
- Ship Out Date. Our current shipping calendar at checkout allows for the request of a ship out date. Ship out date is defined as the date when the order should leave our fulfillment facilities. We’re unable to guarantee delivery times. We also reserve the right to ship out sooner if we have information about possible shipping delays.
- Shipping Deadlines. We provide shipping deadlines calendars for all our major seasons (ie. Christmas and Easter). Order placed passed the shipping deadlines may be delivered passed the season. We’re unable to provide refunds or adjustments if orders are placed passed our shipping deadlines. We may adjust our shipping deadlines due to circumstances outside our control. Please note that large orders require extra processing times.
- Delivery Standards. Shipping times Purdys is not responsible for delivery delays due to events outside out of our control (inclement weather, natural disaster or strike).
- Shipping Couriers. Most of our deliveries are done through Canada Post. We reserve the right to pick the most suitable courier partner for your destination. In the event we’re able to offer a different courier upon request, we may charge extra for the delivery.
- Delivery Protocols. Delivery protocols may vary by courier partners, circumstances or events. Canada Post may deliver to PO Box, Community Box, Canada Post pickup or directly to a residence. If you require a direct to residence delivery extra charges are likely to be incurred.
- International Deliveries. We’re unable to guarantee the quality of International Deliveries. Sender/Recipient are responsible for duties, broker, taxes and other additional fees associated with the delivery of the order. If the order is returned to Purdys we are unable to provide a refund.
- Purdys reserves the right to select carrier of choice.
- Signature Required. Purdys may select a signature requirement for deliveries deemed to be risky or of large value.
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3rd Party Transactional Data
- Purdys may need to share customer and recipient Information deemed necessary with 3rd parties for transactional purposes.
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Accessibility
- We use technologies to make our website accessible as much as possible. There may be sections that are not fully accessible. We will continue to strive and find ways to achieve optimal levels of accessibility as technological advancements allow. For more information please check our Accessibility Statement by clicking on Accessibility icon located at the bottom of our home page on purdys.com.
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Emails
- If you are newsletter member you may opt out from receiving emails by clicking on the Unsubscribe link located at the bottom of all our emails.
- You may receive other transactional including shopping cart abandonment and browse abandonment emails and you may unsubscribe from them as well.
- Promotional emails are prepared a few weeks in advance. Once unsubscribed please allow 2-3 weeks for the optout to take effect.
- Promotional emails may sometimes contain out of stock items. Item availability is based on inventory and demand.
- Once unsubscribed you may continue to receive other transactional related emails such as order notification, tracking emails, and review emails.
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Mobile Terms and Conditions
- Purdys offers its customers marketing and promotional mobile alerts by SMS message (the "Service") on 1-833-976-5008. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
- Signing Up and Opting-In to the Service: Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Purdys reserves the right to stop offering the Service at any time with or without notice. Purdys also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
- By opting into the Service, you:
a. Authorize Purdys to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
b. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
c. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
d. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, 1-833-976-5008. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails. - Content You May Receive: Once you affirm your choice to opt-in to the Service on 1-833-976-5008, your message frequency may vary. You may receive alerts about:
a. Sale promotions
b. Event information
c. Product launch announcements - Charges and Carriers: Standard message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
The Service may not be available on all wireless carriers. Purdys may add or remove any wireless carrier from the Service at any time without notice. Purdys and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. - To Stop the Service: To stop receiving text messages from Purdys, text the word STOP to 1-833-976-5008 any time or reply STOP to any of the text messages you have received from Purdys. After texting STOP to 1-833-976-5008, you will receive one additional message confirming that your request has been processed.
- Questions: You can text HELP for help at any time to 1-833-976-5008. This will provide you with 8330 Chester Street Vancouver, BC Canada V5X 3Y7 Tel: 1.888.478.739. You can also contact us at privacy@purdys.com.
- Changes to Terms: These Mobile Terms and Conditions are subject to change at any time without notice.
The information provided herein is for general informational purposes only and does not, and is not intended to, constitute legal advice. Please consult your own legal counsel for legal advice.
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Privacy
- Refunds – For instore purchases you may be asked to provide additional information including a piece of ID when providing a refund.
- Follow ups – Once you place an order we may reach out to you to learn about how you are using our programs and/or products, to see how satisfied are you with our services or just to say a big thank you.
- Product reviews – When submitting product reviews please ensure to not have detailed personal information in the Title or within the Review description area. For verification purposes we collect email addresses but these are not displayed. In the name area you should avoid putting your full name and last name and opt to use your first name or last name initial.
- Account and order Inquiries – We may need to verify your identity to help you with account and order cases.
- We use cookies in order to bring the best possible service and experience.
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Website
- Copyright and Trademarks. Content on our site may not be copied, reproduced, downloaded for commercial purposes without prior written consent.
- Feedback and Comments. Purdys will not compensate you for any submitted material such as feedback, ideas, suggestions, practices and techniques and such information will not be considered propriety nor confidential.
- Errors and Inaccuracies. As much as we strive to keep our content accurate we reserve the right to correct, adjust, update information containing errors or inaccurate information without prior notice. Corrections may include cancelling and refunding your order.
- External content. Purdys does not endorse nor is responsible or liable for content or services provided by a third party. Concerns should be addressed directly through the third party.
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Privacy
- Your consent to the use of the personal information you provide to Purdys Chocolatier is outlined in our Privacy Policy.