Conditions d’utilisation

This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.

By placing an order for coffee, coffee machines and related products ("Products") on this website, you represent that you are of legal age to enter into this Agreement and that you accept and are bound by these terms and conditions. If you place an order on behalf of a company or business, you represent that you have the legal authority to bind that company or business to these terms and conditions.

You may not order or obtain Products from this website if you: (i) do not accept these terms and conditions; (ii) have not reached the age of majority in your province, territory or state of residence; or (iii) are prohibited by applicable law from accessing or using this website or any of its content or products.

These terms and conditions (these "Terms") apply to the purchase and sale of products through https://escape.cafe (the "Site"). These Terms may be changed by Café Escape inc. (referred to as "we", "us" or "our", as the context requires) at any time, without prior written notice and in our sole discretion. Any changes to these Terms take effect as of the "Last Updated Date" shown on the Site. You should review these Terms before purchasing any product available on this Site. Your continued use of this Site after the "Last Updated Date" constitutes your acceptance of those changes.

These Terms form an integral part of the Website Terms of Use that generally apply to the use of our Site. You should also carefully review our Website Privacy Policy before ordering Products through this Site.

Order acceptance and cancellation

You agree that your order constitutes an offer to purchase, under these Terms, all Products listed in your order. All orders must be accepted by us, failing which we will not be obligated to sell you the Products. We may decide not to accept any order at our sole discretion, even after we have sent you a confirmation email with your order number and the details of the items you ordered.

Prices and payment terms

All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a Product will be the price advertised on this Site at the time the order is placed, subject to the terms of any applicable promotions or discounts. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or shipping and handling charges. These taxes and charges will be added to your total and itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may inadvertently make typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.

We must receive payment before we accept an order. We accept the following payment methods for all purchases: major credit cards, Apple Pay, Google Pay, Shop Pay and PayPal. You represent and warrant that (i) the payment information you provide to us is true, correct and complete, (ii) you are duly authorized to use that payment method for the purchase, (iii) charges incurred by you will be honoured by your credit card company or by Apple Pay, Google Pay, Shop Pay or PayPal, as applicable, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Shipping, delivery, title and risk of loss

We arrange for the delivery of our products by courier or by mail. Please refer to each product page and to our Shipping and Return Policy for specific delivery options.

Title and risk of loss pass to you upon delivery. Delivery times may vary and do not include weekends or statutory holidays. We are not responsible for shipping delays or for deliveries to the wrong address or the wrong person based on inaccurate or incomplete information you provided to us.

Returns and refunds

We will accept a return of our Product for a refund of your purchase price only for the reasons and within the time frames set out in our Refund Policy.

Limited warranty

The warranties that apply to our various products are set out in our Shipping and Return Policy.

Limitation of liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS SOLD THROUGH THE SITE.

The limitation of liability set out in Section 7(b) does not apply to (i) liability resulting from the seller's gross negligence or intentional fault, or (ii) death or bodily injury resulting from the seller's acts or omissions.

Products not for resale or export

You represent and warrant that you are purchasing Products on the Site for your personal use only, and not for resale or export.

Privacy

We respect your privacy and are committed to protecting it. The Privacy Policy of our website, https://escape.cafe/, governs the processing of all personal information collected from you in connection with your purchases of Products on the Site.

Governing law and choice of forum

All matters arising out of or relating to these Terms are 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 any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Quebec or of any other jurisdiction), and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this website and under these terms and conditions will be instituted in the courts of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the jurisdiction of such courts and to their exercise of jurisdiction over you.

Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No waiver

Our failure to exercise, or delay in exercising or enforcing, any right or provision of these Terms does not constitute a waiver of the future enforcement of that right or provision. The waiver of any right or provision will be effective only if made in writing and signed by a duly authorized representative of Café Escape inc.

No third-party beneficiaries

These Terms do not confer, and are not intended to confer, any rights or remedies on any person or entity other than you.

Notices

To you. We may give you any notice under these Terms by: (i) sending a message to the email address you provided to us, which you agree we may use; or (ii) posting a notice on the Site. Notices sent by email take effect when the email is sent, and notices provided by posting on the Site take effect upon posting. It is your responsibility to keep your email address up to date.

To us. To give us notice under these Terms, you must contact us as follows: (i) by email at hello@escape.cafe; or (ii) by personal delivery, overnight courier, or registered or certified mail to:

Café Escape inc., 8961 rue Salley, LaSalle, Quebec H8R 2C8, Canada

We may update the email or physical address for notices to us by posting a notice on the Site. Notices delivered in person or sent by email take effect immediately. Notices sent by overnight courier take effect one business day after they are sent. Notices sent by registered or certified mail take effect three business days after they are sent.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire agreement

Our order confirmation, these Terms, our Website Terms of Use and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.