TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.drkfactory.com (the "Site"). This Site is owned and operated by DrinkFactory Inc. This Site is a co-packaging, online shop, and consulting business.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of DrinkFactory Inc and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 19 years old. By using this Site, users agree that they are over 19 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;
Violate the rights of other users of our Site;
Violate the intellectual property rights of the Site owners or any third party to the Site;
Hack into the account of another user of the Site;
Act in any way that could be considered fraudulent; or
Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
Alcoholic Beverages; and
Non-Alcoholic Beverages.
The following services are available on our Site:
Consulting;
Procurement of raw materials;
Co-Packaging; and
Brand Development.
Recipe Development.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
Your subscription does not automatically renew. You will be notified before your next payment is due and must authorize that payment in order for your subscription to continue.
Payments
We accept the following payment methods on our Site:
Credit Card;
Debit; and
Direct Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Standard Delivery by Post. Delivery can take between 1-12 business days..
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
Refund requests must be made within 30 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
Good is broken;
Good does not match description; or
Good is the wrong size.
Refunds for Services
We provide refunds for services sold on our Site as follows:
Refunds are not available for services that have already been performed or for services that involve significant upfront costs, such as custom development work or consulting services. A cancellation fee of 40% may apply if the customer cancels a service after work has commenced but before completion. This fee covers the costs incurred up to the point of cancellation. Refunds may be issued at the discretion of DrinkFactory if the customer expresses dissatisfaction with the service and notifies DrinkFactory within 5 days of the service completion date. Refunds will not be granted for services that have been fully completed or if the customer fails to provide timely notice of dissatisfaction. To request a refund, customers must submit a written request to info@drkfactory.com providing a detailed explanation of the reason for the refund and any supporting documentation. Refund requests will be reviewed by DrinkFactory within 3 days of receipt, and decisions will be communicated to the customer promptly. Refunds will not be granted in cases of force majeure, including but not limited to natural disasters, acts of terrorism, or government-imposed restrictions that prevent DrinkFactory from fulfilling its obligations. DrinkFactory reserves the right to determine refund eligibility on a case-by-case basis, taking into consideration the circumstances and impact on service delivery.
Returns
Returns can be made in person at the following location(s): At our store.
Returns can be made by mail. To return a good by mail, follow the following procedure:
Pack your goods and attach the return label that was included in your package. Go to your nearest post office and pay the necessary postage.
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
DrinkFactory Inc and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless DrinkFactory Inc and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
Additional Terms
Intellectual Property Rights.
All intellectual property rights, including trademarks, copyrights, and patents, associated with our products, branding, and website content belong to DrinkFactory. You are prohibited from using or reproducing our intellectual property without permission.
Product Liability Disclaimer.
DrinkFactory is not liable for any damages or injuries caused by the consumption or use of our products. Customers assume all risks associated with the use of our products.
Order Acceptance.
Our acceptance of an order does not constitute a binding agreement until the order has been confirmed and payment has been processed. We reserve the right to refuse or cancel any order at our discretion.
Payment Terms.
Payment for our products and services is due at the time of purchase. We accept various payment methods, and all prices are in CAD. Taxes and fees may apply.
Shipping and Delivery.
We offer shipping to [list of shipping destinations]. Shipping costs and delivery times vary depending on the shipping method and destination. Delivery times are estimates and not guaranteed.
Returns and Refunds.
If you are not satisfied with your purchase, you may be eligible for a refund or exchange. Please review our returns and refunds policy for eligibility criteria and return procedures.
Limitation of Liability.
DrinkFactory is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our products or services.
Indemnification.
You agree to indemnify and hold DrinkFactory its affiliates, partners, officers, directors, employees, agents, and licensors from any claim, demand, loss, liability, damages, or expenses (including attorneys' fees) arising out of or in connection with your use of our website, services, or products, your violation of these terms and conditions, or your violation of any rights of a third party. This indemnity obligation will survive the termination of your use of our website, services, or products.
Governing Law and Jurisdiction
These terms and conditions are governed by and construed in accordance with the laws of Ontario. Any disputes arising from these terms and conditions will be subject to the exclusive jurisdiction of the courts in Ontario.
Modification and Termination.
We reserve the right to modify, update, or terminate these terms and conditions at any time without prior notice. Your continued use of our products or services constitutes acceptance of any changes..
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(416) 688-8895
info@drkfactory.com
Effective Date: 1st day of January, 2024