Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Phoenix Coffee Company Inc.. Throughout the site, the terms “we”, “us”, and “our” refer to Phoenix Coffee Company Inc.
Phoenix Coffee Company Inc. offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, customers, merchants, vendors, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all of the Terms, then you may not access the website or use any Services.
Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
Our online store is hosted by Shopify, which provides the e-commerce platform that allows us to sell our products and services.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your province, territory, or jurisdiction of residence, or that you are the age of majority and have provided consent for any minor dependents to use this site under your supervision.
You may not use our products or Services for any unlawful or unauthorized purpose, nor may you violate any applicable laws or regulations while using the Service, including intellectual property and copyright laws.
You must not transmit any worms, viruses, malware, or any destructive code.
A breach or violation of any of these Terms may result in suspension or termination of access to our Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service, limit orders, or cancel transactions where reasonably necessary, including in cases involving suspected fraud, abuse, unauthorized activity, or violations of these Terms.
You understand that your content (excluding payment information) may be transferred unencrypted across various networks and adapted to technical requirements of connecting devices or systems. Payment information is encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or website content without our express written permission.
Headings used in these Terms are for convenience only and do not affect interpretation.
SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Information provided on this website is for general informational purposes only and may not always be current, complete, or error-free.
We reserve the right to modify website content at any time without obligation to update information except where required by law.
Historical information may be provided for reference only and may not be current.
Your reliance on information from this website is at your own risk.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICING
Prices for products and services may change without notice.
We reserve the right to modify, suspend, discontinue, or limit any part of the Service without notice where reasonably necessary.
We shall not be liable for modifications, price changes, suspensions, or discontinuance of the Service, except as required under applicable law.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively online and may have limited quantities.
All products are subject to our Return & Refund Policy.
We make reasonable efforts to display product images, colours, and descriptions accurately; however, we cannot guarantee that your device or monitor will display colours or textures accurately.
Coffee tasting notes, aroma descriptions, flavour descriptors, and sensory characteristics are subjective in nature and may vary depending on brewing method, grinder calibration, water quality, freshness, preparation technique, and individual sensory perception. Product descriptions are provided as general tasting guidance only and do not constitute guarantees of specific flavour experiences.
Certain products sold by Phoenix Coffee Company Inc. are food or perishable products and may not be eligible for return, exchange, or refund except where required by applicable law or as outlined in our Return & Refund Policy.
We reserve the right, where reasonably necessary, to limit product quantities, discontinue products, refuse transactions, or restrict sales to particular individuals, regions, or jurisdictions.
We do not guarantee that products, services, or information obtained through the Service will meet every expectation or that errors in the Service will always be corrected immediately.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right, where reasonably necessary, to refuse, limit, or cancel orders, including orders that appear fraudulent, unauthorized, or intended for resale contrary to our policies.
You agree to provide current, complete, and accurate billing, shipping, and account information for all purchases.
You agree to promptly update your account information, including email addresses and payment details, so we can complete transactions and contact you when necessary.
For additional details, please review our Return & Refund Policy.
SECTION 7 — OPTIONAL TOOLS
We may provide access to third-party tools or services that we neither control nor monitor.
Such tools are provided “as is” and “as available” without warranties, representations, endorsements, or conditions of any kind.
Your use of third-party tools is entirely at your own risk and subject to the terms of the relevant third-party providers.
Future features, services, or tools introduced through the website shall also be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
Our Service may include links to third-party websites, products, services, or resources.
We are not responsible for examining or evaluating the content, accuracy, or practices of third-party websites and assume no responsibility or liability for third-party materials, products, or services.
Any concerns regarding third-party products or services should be directed to the applicable third party.
SECTION 9 — USER COMMENTS, FEEDBACK, AND SUBMISSIONS
If you submit comments, suggestions, ideas, reviews, feedback, or other materials to us, you agree that we may use, reproduce, edit, publish, distribute, and display such content without restriction or compensation.
We are under no obligation to:
- Maintain comments in confidence;
- Provide compensation for comments; or
- Respond to comments.
We may remove content that we reasonably determine to be unlawful, offensive, abusive, defamatory, obscene, misleading, or otherwise objectionable.
You agree that your submissions will not violate any third-party rights, including copyright, trademark, privacy, or other proprietary rights.
You are solely responsible for the accuracy and legality of any content you submit.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
By using the Service, you acknowledge that personal information may be collected, used, stored, and disclosed in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable.
SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be typographical errors, inaccuracies, omissions, or outdated information relating to product descriptions, pricing, promotions, shipping charges, availability, or transit times.
We reserve the right to correct errors, update information, or cancel orders where reasonably necessary, including after an order has been submitted.
We undertake no obligation to update information except where required by law.
SECTION 12 — PROHIBITED USES
You may not use the website or Service:
- For unlawful purposes;
- To violate laws or regulations;
- To infringe intellectual property rights;
- To harass, abuse, threaten, discriminate against, or defame others;
- To submit false or misleading information;
- To upload malicious code or malware;
- To collect personal information unlawfully;
- To spam, phish, scrape, crawl, or interfere with website security;
- For obscene, fraudulent, or harmful purposes.
We reserve the right to suspend or terminate access for violations of these Terms.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, the Service and all products and services provided through the Service are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind, whether express or implied, except as expressly required under applicable consumer protection laws.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be excluded under applicable law, including applicable consumer protection legislation.
To the fullest extent permitted by law, Phoenix Coffee Company Inc., its directors, officers, employees, affiliates, contractors, suppliers, licensors, and service providers shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising from the use of the Service or products purchased through the Service, including loss of profits, revenue, savings, business opportunities, goodwill, or data.
Nothing in this section limits liability that cannot legally be limited under applicable law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Phoenix Coffee Company Inc. and its affiliates, officers, directors, employees, contractors, licensors, suppliers, and service providers from claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees and disbursements, arising from your breach of these Terms or violation of applicable law or third-party rights.
SECTION 15 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.
SECTION 16 — TERMINATION
These Terms remain effective unless terminated by either you or us.
You may stop using the Service at any time.
We may suspend or terminate access to the Service where reasonably necessary, including where we believe these Terms have been violated.
Obligations and liabilities incurred prior to termination survive termination where necessary.
SECTION 17 — ENTIRE AGREEMENT
These Terms, together with any policies posted on this website, constitute the entire agreement between you and Phoenix Coffee Company Inc. regarding use of the Service.
Failure to enforce any provision shall not constitute a waiver of that provision.
SECTION 18 — GOVERNING LAW
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada.
Any disputes arising from these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
SECTION 19 — CHANGES TO TERMS OF SERVICE
We reserve the right to update, modify, or replace these Terms at any time by posting updates to this page.
Your continued use of the website or Service following any changes constitutes acceptance of those changes.
SECTION 20 — FOOD PRODUCTS & ALLERGY DISCLAIMER
Phoenix Coffee Company Inc. handles, stores, packages, and ships food products.
While we take reasonable care in handling and packaging, we cannot guarantee that products have been prepared or processed in allergen-free environments.
Customers are responsible for reviewing product information and determining whether products are suitable for their individual dietary, allergy, or health requirements.
Coffee products may contain naturally occurring caffeine unless specifically identified as decaffeinated.
SECTION 21 — CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
guestservices@arisingfromfire.com