TERMS AND CONDITIONS
Last Updated: March 10, 2016
Loblaw Companies Limited, together with its subsidiaries and affiliates (hereinafter referred to as “us”, “we” and/or “Loblaw”) is pleased to provide this Website for your personal and commercial use to order products for assembly and pick up (the “Website”). By using this Website, you are agreeing to be legally bound by these Terms and Conditions (the "Terms”) and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE. We suggest you print a copy of these Terms for your records.
OUR RIGHT TO CHANGE THESE TERMS:
We reserve the right, in our sole discretion, to modify all or a portion of these Terms at any time without prior notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms on the Website by indicating at the top of this page the date these Terms were last revised. Your continued access to and/or use of the Website after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms as revised. It is your sole responsibility to regularly check the Website to determine if there have been any changes to these Terms and to review such changes.
OUR RIGHT TO DISCONTINUE OR MODIFY THE WEBSITE
You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Website, including any products offered thereon, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modification(s) or discontinuance.
To place an order through this Website, you must register for an account. When registering for an account, you agree to provide accurate and current information about yourself and/or your business, as required to provide you the services requested, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You are responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the Website; and (c) all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware at email@example.com. Loblaw shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your account after you have reported a breach of security to us.
SIGNING UP FOR A BUSINESS MEMBERSHIP
Memberships are optional, non-transferrable, and available to those of legal age of majority or older, and who have a company with a valid business number. The benefits of becoming a member include:
- Exclusive member offers and promotions
- Flexible payment options
- Assembly & delivery
You must speak to a store manager or business development representative to enroll.
We reserve the right to require valid government-issued identification for Business Membership enrollments and changes. The owner or officer of a Business who registers for membership (“Primary Member”) shall have the sole authority to make changes to the Membership and receive and request account or access member profile information.
PLACING AN ORDER AND PAYMENT
Loblaw reserves the right to require a minimum order value before an order may be submitted through the Website. Loblaw may at any time, in its sole and unfettered discretion, vary or waive minimum order requirements.
Loblaw reserves the right to charge an assembly fee at its discretion. Assembly fees will be calculated based on 5% of the value of an order before taxes. All fees will be displayed at the time of checkout and prior to submission of your order.
You may only place an order through the Website if you are over the age of legal majority in the province/territory where you reside. You may only purchase or order items for personal or commercial purposes in accordance with all applicable laws. Unless otherwise indicated, all dollar amounts on the Website are in Canadian Dollars.
By completing the checkout and submitting an order through the Website, you are agreeing to pick-up your order and pay, in full, at the time of Order Pick-up, (as explained in “Picking up your Order” below), the prices of the final selection of items included in your order and all applicable taxes, either by credit card or other permitted payment method.
To complete your order, you may be required to provide certain additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment at the store selected, including without limitation, the credit cards the store will accept, at any time.
When you submit an order, we reserve the right to request credit card pre-authorization for up to 125% of the order total to accommodate updates to your order and the cost of variable weight items in the final order. If credit card pre-authorization is requested, during the authorization process when you submit your order, your card will be validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be received and prepared for pick-up as explained in “Picking up your Order” below. This authorization will be cancelled at the time of final checkout during Order Pick-up or when your order is cancelled by you prior to Order Pick-up or as a result of your order not being picked up. When you pick-up your order, you will only be charged for the actual items included in your order (including costs based on actual weight of any variable weight items priced by weight), less any redemption of coupons, or other promotional deductions.
If you fail to pay any fees or charges when due (including fees or charges for returned cheques, assembly fees, any other applicable fees, or damages arising from fraudulent use), we reserve the right to charge such amount directly to the credit card associated with your account, or the credit card provided by you at the time you submitted your order as applicable. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
You may cancel your order or modify the order (including adding or removing products, changing quantities, or changing Order Pick-up details) via the Website or through Customer Service at 1-844-295-8219 up until 11:59 pm the day prior to the pick-up date selected (“Cut-off Time”). Orders can be placed up to 14 days in advance of Order Pick-up.
Loblaw reserves the right to charge an assembly fee at its discretion. if an order is cancelled after the Cut-off Time. Cancellation fees will be disclosed at checkout prior to you submitting your order.
If you try to make any modifications after the Cut-off Time, we cannot guarantee that the modification will be made prior to Order Pick-up time. However, you may request modifications at the time of Order Pick-up.
PRICING AND AVAILABILITY
The prices shown on this Website at the time of ordering reflect the in-store prices of the selected store for the pick-up date selected. Any applicable taxes will be calculated and displayed when completing checkout and prior to submission of your order. All taxes displayed are estimates and the final tax amount will be confirmed based on your final order total. Once you submit your order, the prices of items, or price per weight of items where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price for a particular item. Although we make our best effort to ensure pricing is accurately reflected for each item on our Website, because our Website contains a large number of items, it is always possible that some of the products listed on our Website may be incorrectly priced. In those circumstances, we reserve the right to apply the correct current price to the item at checkout during Order Pick-up. If you are not satisfied with the current price, you have the right to remove the product from your order. In cases where we custom-cut, or select variable weight items (such as certain meats or produce or other items priced by weight (e.g. kg/grams)) , the per-item price you see in your shopping cart for such items is estimated based on the weight you select on the Website. The final price of these items will be based on the same price per weight indicated on the Website when you completed your checkout and submitted your order, but the final price is determined once we have prepared and weighed your order, and will appear on the invoice you receive at the time of Order Pick-up. As the actual weight of the products may differ slightly from the order placed on the Website, the final price of the items may differ slightly. For such products, the prices you pay are always based on the actual final weight of your products. If you are not satisfied with the final price and weight, you have the right to remove the product from your order.
Although our goal is to fulfill 100% of each order, from time to time, products may be unavailable due to the perishability of items, market conditions, or other conditions beyond our control. We will not be liable to you if we are not able to provide you with any particular product. At times when we have an item that is very similar to the item you ordered, we may contact you via your preferred communication method to suggest a substitution. At the time you are notified, you may accept or reject the substitution. If we do not receive a response, we may include the substitution item with your order, and if you are not happy with this replacement, you may reject it at the time of Order Pick-up.
Please note that we reserve the right to limit your order or the quantity of a particular product you may order.
We may provide you with recipes, health notices, nutritional and labelling information and other information regarding our products, to enhance your shopping experience. This information is general in nature and does not constitute medical or professional advice. Always consult a certified medical or health professional about the information you find on our Website, in-store, or in other materials we may provide prior to purchasing any product, or before you embark on any diet, exercise, or lifestyle change.
Because manufacturers may change information contained on a label without notifying us, we provide information as a guideline only. Always look critically at any information presented to you and always read current labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
We may list the possible countries of origin for many products on the individual product page to the best of our knowledge. Although we strive to maintain accurate information on the country of origin for our products, the country of origin for a particular product may change at any time due to unforeseen circumstances, and in some cases, a country of origin may not be available. If you would like to request information on the actual country of origin for any of the items you are purchasing, please request this information from the concierge at the time of Order Pick-up.
REFUNDS & EXCHANGES
Prior to completing the transaction, if any product in your order is not to your satisfaction, you may remove the item at that time.
For all refunds or exchanges, the return policy of the store you selected when placing your order will apply.
PICKING UP YOUR ORDER
You must pick-up your order during the timeslot and at the location you selected at the time of placing the order (“Order Pick-up”). In order to complete your Order Pick-up, you or your designated representative must present your order number and, for Business Members, your business membership card or phone number associated with the account, to the Concierge. We reserve the right, but are under no obligation, to verify to our satisfaction the identity of any person seeking to pick up an order whether for themselves, or purportedly for another.
Although we will make every effort to have your order ready for your pick-up during your selected timeslot, please note that we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
Orders cannot be picked up prior to the beginning of the timeslot selected. If you arrive after your selected timeslot to collect the order, please speak to the concierge at the dedicated collection point. The store, in its sole discretion, may hold your order until store closing on the same day of Order Pick-up. However, if you do not arrive by end store day to pick-up your order, we reserve the right to charge you the cancellation fee that was disclosed to you prior to you submitting your order. This cancellation fee will be charged to the card you provided at the time of submitting your order, if applicable.
At the time of Order Pick-up, you will have the ability to reject any substitutions, and to remove or add items to the order. You will only be charged for the actual items purchased. You can also choose to pay by: using the credit card provided at the time of submitting the order (if one was provided), another credit card, or any method of payment accepted by the applicable store.
Your order will be carefully packed to help ensure product quality. For optimum freshness, please properly store your order within one hour after you have picked up your order. We cannot guarantee quality of any items that are not properly stored within that time frame.
We may make various promotional offers from time to time on our Website. Offers and/or promotions on the Website are based on your selected store and pick-up date. Some offers may be informational, web-based only and not available as an in-store offer or promotion. Not all offers and/or promotions available in store may be available on the Website. We ask that you review the guidelines associated with each special offer, as they will differ and may include restrictions such as limits and expiration. If you redeem any coupon or gift cards, this will be reflected at checkout at the time of Order Pick-up and is subject to validation of any redemption requirements.
Manufacturers’ coupons and warranties are the responsibility of the individual manufacturers. Coupons offered by the manufacturers may each have relevant information about the duration and limitations of the coupon.
All promotions and advertisements on this Website are invitations to purchase and not offers to sell. Loblaw reserves the right, at its sole discretion, to accept or reject an order once the order form has been completed and submitted in the event we have inadvertently made a typographical error on any coupon or special offer.
We may also offer our Customers the opportunity to participate in contests, sweepstakes or other promotions as decided by us. In each case, the promotion may have additional terms and conditions which apply in addition to these terms and conditions. Please review the terms and conditions associated with the particular promotion to determine your eligibility and any participation requirements.
COMMUNICATIONS TO CUSTOMERS REGARDING ORDER STATUS
We reserve the right to contact you via your preferred method of communication selected at the time you set up your account for matters related to your order such as substitutions, availability of product or to let you know the order is available for pick-up. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.
OUR RIGHTS REGARDING ORDERS:
Without limiting the generality of these Terms, we reserve the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing address. Not all products available in store may be available online.
We take great pride in our Website and every effort has been made to help ensure that the information contained on the Website is correct. Unfortunately, however, there may sometimes be information on the Website that contains typographical errors, inaccuracies, or omissions – including those that may relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or modify or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
All orders are subject to verification at any time and for any reason. We reserve the right, in our sole discretion, to require proof of identity at Order Pick-up: (i) for the purposes of verifying the legitimacy of any order or other information; and/or (ii) for any other reason we deem necessary, in our sole discretion, for the purposes of fulfilling an order in accordance with these Terms.
Your safe and secure online shopping experience is our top priority. As such, we routinely monitor our Website for suspicious activity. However, the transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Website, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.
USE OF THE WEBSITE AND WEBSITE MATERIAL:
Except as expressly stated therein, this Website is provided for your personal, commercial use and you may not copy material from this Website for commercial use. You may copy material in limited quantities from this Website for your personal non-commercial use provided that our copyright and/or trade-mark notice(s) remain affixed to the copied material. Loblaw reserves the right to restrict your use of this Website at any time, which may include terminating your permission to make personal copies of material from this Website.
You are prohibited from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, infringing, or profane material or any material that could constitute or encourage unlawful conduct. Loblaw may from time to time monitor or review material transmitted or posted using this Website and reserves the right to delete any material we deem inappropriate. However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this Website.
OWNERSHIP OF INTELLECTUAL PROPERTY:
Loblaw or our third party licensors or manufacturers own the copyright to all material on and from this Website. Notwithstanding any other term or condition in these Terms, Loblaw, or the applicable third party licensor, or manufacturer retains ownership to the copyright in this Website and all material on and from this Website.
This Website contains many of the valuable trade-marks, names, package designs, copyrights and other proprietary material owned and used by Loblaws Inc., its affiliated companies and/or third party licensors or manufacturers – including, but not limited to, Joe Fresh® (the "Trademarks").
The Trademarks on this Website are protected from copying or reproduction under national and international trademark and copyright laws and nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary right. Therefore the use of the Trademarks is strictly prohibited. All rights reserved.
Your use of this Website and material from this Website is at your own risk.
To the extent permitted by the applicable law, neither Loblaw, any of its agents, nor any other party involved in creating, producing, or delivering this Website are liable for any damages whatsoever arising out of your access to, or use of, this Website, any material from this Website, or any products offered on this Website. Without limiting the foregoing, this Website, the material provided on this Website, and the products offered on this Website, are provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
LOBLAW MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
LOBLAW WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE. YOU EXPRESSLY ACKNOWLEDGE THAT LOBLAW HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE WEBSITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LOBLAW. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
If you breach any provision of these Terms you may no longer use the Website. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part thereof, any of its features, or any products offered on the Website, at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Website is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything relating to or arising from such use. If you are dissatisfied with the Website or with these Terms, then your sole and exclusive remedy is to discontinue using the Website.
Loblaw has not reviewed any or all of the sites that may be linked to this Website and is not responsible for any sites linked to this Website. Your linking to any sites from this Website is at your own risk. By linking to a site or permitting a link to this Website, Loblaw does not endorse the site operator or the content of the linked site.
IDEA SUBMISSION/USE OF INFORMATION:
Loblaw does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Loblaw, you agree that the idea becomes and remains the sole and exclusive property of Loblaw without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favour of Loblaw.
If you respond to Loblaw with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Loblaw, and your submission of information shall constitute an assignment to Loblaw of all worldwide rights, titles, and interests in such information. Loblaw will not be liable for any use or disclosure of such information. Loblaw will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Loblaw will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
Loblaw welcomes your comments and suggestions on this Website and products, but Loblaw does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its sites, products or any new products. By submitting information, you warrant that Loblaw may publish such information, use it as part of its operations, and incorporate its concepts in Loblaw products without liability or compensation to you.
For all Canadian residents (excluding Quebec), to the extent permitted by the applicable law, you agree that the laws of the Province of Ontario, Canada govern any use of this Website, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this Website or material from this Website. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The courts of the Province of Ontario shall have exclusive jurisdiction over all claims.
For residents of Quebec, you agree that the laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, govern any use of this Website, without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of this Website or material from this Website.
SEVERED PROVISIONS AND ENTIRE AGREEMENT:
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between the parties relating to the subject matter.