These Terms of Service (the “Terms”) govern your access to and use of the website located at buxfombror.site and any related products, services, features, content, ordering functions, and customer support made available by De Mello Coffee Online Inc. (the “Company,” “we,” “us,” or “our”).
By accessing or using our website or placing an order with De Mello Coffee Online Inc., you agree to be bound by these Terms and to comply with all applicable laws in Canada, including applicable federal and provincial consumer protection, privacy, food safety, and e-commerce laws. If you do not agree to these Terms, do not use our website or services.
1. Introduction and Acceptance of Terms
These Terms form a legally binding agreement between you and De Mello Coffee Online Inc., located at 2489 Yonge Street, Toronto, ON M4P 2H6, Canada. By using the website, creating an account, placing an order, subscribing to communications, or otherwise engaging with our services, you confirm that you have read, understood, and accepted these Terms.
You represent and warrant that:
- you are at least the age of majority in your province or territory of residence, or you are using the website under the supervision and consent of a parent or legal guardian;
- all information you provide to us is true, accurate, current, and complete;
- you will use the website and our services only for lawful purposes; and
- if you place an order on behalf of an organization, you have authority to bind that organization to these Terms.
2. Scope of Services
De Mello Coffee Online Inc. is a coffee-shop business that may offer, among other things:
- online sales of coffee, beverages, food items, merchandise, and related goods;
- pickup, delivery, and/or shipping options where available;
- gift cards, subscriptions, promotions, and loyalty or rewards programs, if offered from time to time;
- customer account services, order tracking, and communications related to purchases; and
- website content, product descriptions, and customer support.
We may modify, suspend, or discontinue any service, product offering, feature, or availability at any time, subject to applicable law. Product availability may vary based on seasonality, inventory, geographic location, or operational capacity.
Any product images, descriptions, ingredient information, origin notes, and brewing or preparation suggestions are provided for general information only and may not be exhaustive. We make reasonable efforts to display products accurately, but actual products may vary in appearance, packaging, size, or availability.
3. User Obligations and Responsibilities
You agree to use the website and our services responsibly and in compliance with these Terms and all applicable laws. Without limiting the foregoing, you agree that you will not:
- use the website in any way that could damage, disable, overburden, or impair it;
- attempt to gain unauthorized access to accounts, systems, networks, or data;
- misrepresent your identity or provide false information;
- use automated means, bots, scraping tools, or similar methods without our prior written consent;
- upload or transmit viruses, malicious code, or harmful content;
- infringe or violate any intellectual property, privacy, or other rights of any person or entity;
- use the website for fraudulent, unlawful, or abusive purposes;
- resell products or services without our prior written authorization, where such authorization is required; or
- submit content that is defamatory, obscene, harassing, discriminatory, or otherwise objectionable.
You are responsible for maintaining the confidentiality of your account credentials, if any, and for all activities conducted through your account. You must notify us promptly of any unauthorized use of your account or any suspected security breach.
If you provide special instructions for orders, you are responsible for ensuring they are complete and accurate. We may not be able to accommodate all special requests, including dietary restrictions, allergy-related accommodations, or delivery instructions. You acknowledge that food and beverage products may contain or come into contact with common allergens, including milk, nuts, soy, gluten, and eggs, and that cross-contamination may occur.
4. Payment Terms and Conditions
Prices are listed in Canadian dollars unless otherwise stated. Applicable taxes, fees, shipping charges, delivery fees, service charges, and other amounts will be displayed at checkout or otherwise communicated before you complete your purchase, where required by law.
By placing an order, you authorize us and our third-party payment processors to charge your selected payment method for the full amount of the order, including applicable taxes and charges. Payment may be required at the time of order placement, at the time of shipment, or at the time of pickup, depending on the applicable service and checkout process.
We reserve the right to refuse, cancel, or limit any order for any lawful reason, including suspected fraud, unauthorized activity, inventory limitations, pricing errors, or violation of these Terms. If an order is cancelled after payment has been processed, we will issue a refund in accordance with our refund policy and applicable law.
If a payment is declined, reversed, charged back, or otherwise fails, we may suspend or cancel the related order and may recover any associated fees or collection costs permitted by law. You are responsible for ensuring that your payment information remains current and valid.
We may use third-party providers to process payments, manage subscriptions, or facilitate delivery. Your use of those services may also be subject to their own terms and privacy policies.
5. Cancellation and Refund Policy
Because we offer food and beverage products, some items may be prepared, packed, or shipped quickly and may be non-cancellable or non-refundable once processing has begun, except where required by law or where we determine otherwise in our discretion.
Order cancellations: If you wish to cancel an order, you should contact us as soon as possible at [email protected] or +1 416-556-5393. Cancellation requests are not guaranteed and may depend on whether the order has already been prepared, shipped, or handed off for delivery.
Refunds: Subject to applicable law, refunds may be issued in the following situations:
- the item delivered is incorrect, defective, or materially different from what was ordered;
- the order was charged in error or duplicated;
- the order was cancelled by us before fulfillment;
- a refund is required by applicable consumer protection law; or
- we decide, in our discretion, to issue a goodwill refund or store credit.
Unless otherwise required by law, we may require proof of purchase, photos, return of the item, or other reasonable evidence before approving a refund or replacement. Refunds, if approved, will be issued to the original payment method where practicable and may take time to appear depending on your financial institution.
Non-refundable items: To the extent permitted by law, certain items may be non-refundable, including opened consumables, perishable goods, customized items, gift cards, promotional items, or items clearly marked as final sale.
Nothing in these Terms limits any non-waivable rights you may have under applicable Canadian law, including rights relating to goods that are not of merchantable quality or services that are not performed with due care and skill.
6. Liability Limitations
To the fullest extent permitted by applicable law, De Mello Coffee Online Inc. and its directors, officers, employees, contractors, suppliers, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the website, products, or services.
To the fullest extent permitted by law, our total aggregate liability for any claim arising from or related to these Terms, the website, or any product or service purchased from us shall not exceed the amount you paid to us for the specific product or service giving rise to the claim, or CAD $100, whichever is greater, except where a different limitation is not permitted by applicable law.
We do not guarantee that the website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We are not responsible for delays, service interruptions, or failures caused by circumstances beyond our reasonable control.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, gross negligence where such exclusion is not permitted, or any consumer rights that may not lawfully be excluded or restricted.
Food and beverage consumption involves inherent risks, including allergic reactions, sensitivity to caffeine, and temperature-related injuries. You are responsible for reviewing product information and exercising appropriate care when consuming products purchased from us.
7. Intellectual Property Rights
All content on the website, including text, graphics, logos, images, product names, designs, photographs, videos, software, page layouts, compilations, and trademarks, is owned by or licensed to De Mello Coffee Online Inc. and is protected by Canadian and international intellectual property laws.
Except as expressly permitted in writing by us, you may not copy, reproduce, distribute, modify, display, publish, transmit, create derivative works from, or exploit any content from the website for commercial or public purposes.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website solely for your personal, non-commercial use and for lawful ordering of our products and services, subject to these Terms.
If you submit reviews, comments, photographs, suggestions, or other content to us, you grant De Mello Coffee Online Inc. a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for business, marketing, operational, and customer service purposes, subject to applicable law and our Privacy Policy, if any. You represent that you have the necessary rights to grant this license and that your submission does not violate any third-party rights.
8. Data Protection and Privacy
We collect, use, disclose, and safeguard personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation, where applicable.
By using our website or services, you consent to the collection and use of your personal information as necessary to:
- process orders and payments;
- provide customer service and support;
- deliver products and communicate order updates;
- administer accounts, promotions, and loyalty programs;
- improve our website, products, and services;
- detect fraud, abuse, or security incidents; and
- comply with legal and regulatory obligations.
We may share personal information with service providers, payment processors, delivery partners, IT providers, analytics tools, and other third parties as reasonably necessary to operate our business and provide services, subject to appropriate safeguards and contractual restrictions where appropriate.
You acknowledge that electronic communications, including email, may not be perfectly secure. While we use reasonable administrative, technical, and physical safeguards, we cannot guarantee absolute security of information transmitted over the internet.
If we maintain a separate Privacy Policy, that policy forms part of these Terms by reference to the extent stated therein. In the event of a conflict regarding privacy matters, the Privacy Policy will govern to the extent of that conflict.
9. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from events beyond our reasonable control, including but not limited to natural disasters, fire, flood, severe weather, epidemic, pandemic, governmental action, labour disputes, supply chain disruptions, transportation interruptions, power outages, cyberattacks, equipment failures, or failures of third-party service providers.
If a force majeure event occurs, our obligations will be suspended for the duration of the event to the extent affected, and we will use commercially reasonable efforts to resume performance as soon as practicable.
10. Changes to Terms
We may update, amend, or replace these Terms from time to time to reflect changes in our business, technology, services, or legal obligations. Any changes will be effective when posted on the website, unless a different effective date is stated.
Your continued use of the website or our services after the updated Terms are posted constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.
If a material change affects your rights or obligations in a significant way, we may provide additional notice where required by law or where we determine it is appropriate to do so.
11. Applicable Law and Jurisdiction
These Terms, and any dispute, claim, or controversy arising out of or relating to them, the website, or our products or services, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Subject to any mandatory consumer protection rights you may have, you agree that the courts located in Toronto, Ontario shall have exclusive jurisdiction over any dispute arising from or related to these Terms. If any mandatory law requires a different forum or venue, that law will apply to the extent required.
12. Contact Information
If you have questions, concerns, complaints, refund requests, or notices regarding these Terms or our services, please contact us using the information below:
- Company: De Mello Coffee Online Inc.
- Address: 2489 Yonge Street, Toronto, ON M4P 2H6, Canada
- Email: [email protected]
- Phone: +1 416-556-5393
- Website: buxfombror.site
We will make reasonable efforts to respond to inquiries in a timely manner, subject to volume and complexity.
13. Severability Clause
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
If any invalid or unenforceable provision can be modified to make it valid and enforceable while preserving its intent, the provision shall be deemed modified accordingly. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
These Terms constitute the entire agreement between you and De Mello Coffee Online Inc. regarding the subject matter hereof and supersede any prior or contemporaneous understandings, communications, or agreements relating to the same subject matter, except to the extent expressly incorporated by reference.