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WEBSITE TERMS OF USE

1.  Definitions

 

1.1  Purchaser

       Original individual or organization who made a purchase from us.

 

1.2 Recipient(s)

      Individual(s) or organization(s) receiving a purchase.

 

1.3  Gift Card 

       Method of payment that is available in digital designations.

 

1.4 Multi Delivery

      A single order containing more than one item going to different addresses.

 

1.5 Delivery Date

      Date option at checkout to select a delivery date.

 

1.6 Processing times 

      Estimated time it takes for a team sweet representative to process an order.

 

1.7 Delivery Standards/Delivery Times

      Estimated time it takes for our courier partners to deliver an order.

 

1.8 Ordering  Deadlines

      Date you must place an order to ensure delivery by a specific holiday 

      (ie.  Valentine’s Day, Easter, Easter, Christmas).

 

2.  General Provisions

 

2.1 By accessing our website, you, the user, agree to the terms and conditions we set out here. These terms and conditions may change at our discretion any time, and without notice. All orders and purchases made through this site are also governed by these terms and conditions.

 

2.2 Use of and orders placed on this website are governed by the laws and the courts of the province of Ontario, and by the applicable laws of Canada. The user is also responsible for complying with these laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

 

2.3 We may correct errors or inaccuracies and change or update information on this website at any time without notice, including prices and item availability. All prices listed exclude applicable taxes and are in Canadian dollars, and all delivery and any additional charges will be clearly displayed where they apply and will be processed in Canadian dollars. All prices listed on this site are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.

 

2.4 We will use reasonable efforts to deliver items within the time frame selected. However, we are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. Items may be delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to deliver to certain addresses.

 

2.5 By using this site, you represent that you are of the age of majority in your jurisdiction. If you are a parent or legal guardian agreeing to these terms and conditions, you must monitor and supervise the use of this site by the minor and you are fully responsible for the minor’s use of this site, including all financial charges and legal liability that he or she may incur.

 

2.6 The sale of products on this site may be subject to additional terms that will be made available when you place your order.

 

3.  ​Passwords & Accounts

 

3.1 You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. We are not under any obligation to verify the actual identity or authority of any user of a password and login name. We may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages or expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.

 

3.2 You agree to notify us immediately if the confidentiality of your account or password is compromised. We have the right to take any actions that we deem reasonable in such an event provided that we will have no liability for any act or omission in this regard.

 

3.3 We may suspend or cancel your account at any time for any reason without notice or liability to you or any other person.

 

4.  Copyright Considerations

 

4.1 All textual and graphic content on this site, its organization and presentation, and our organization and domain name are our property, and are therefore copyrighted by us. The materials on this site may not be copied, reproduced, posted, or republished in any way. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only. Otherwise, the republication or use of these materials on any other website without prior written consent from us is prohibited, and all rights are reserved.

 

4.2 The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of the Sweet Array, and so your own use of them is prohibited.

 

4.3 Images of people used on this site are used with permission or in accordance with applicable law. Reuse of them without permission may violate the privacy and publication rights of those persons.

 

5.  Using Linked Content

 

5.1 This site provides links to other websites. All those sites are independent from the Sweet Array, and therefore we have no control over, and no liability for, those websites or their contents, or their use. We provide these links for your convenience, and you decide to access them at your own risk.

 

6.  User-Provided Content

 

6.1 By submitting content on or through this site, by email or telephone, or by otherwise disclosing, submitting or offering content in connection with your use of this site, you warrant that you have full right and authority to submit that content, and that you have sole copyright and proprietary right over that content.

 

6.2 You grant us a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the content however we desire, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

 

6.3 You may not contribute, post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever.

 

7.  Site Security

 

7.1 You are prohibited from violating or attempting to violate the security of the site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this site other than the search engine and search agents available from us on this site and other than generally available third party web browsers.

 

8.  Our Liability

 

8.1 This website should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be canceled.

 

8.2 We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.

 

8.3 Sweet Array is not liable for any damages arising out of, or related to access to or use of our site, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.

 

8.4 This agreement between the Sweet Array and you, the user, supersedes all prior agreements and understandings pertaining to.

 

9.  Registration

 

9.1 Registered and guest shoppers must provide accurate information including (but not limited to) name, company name, organization name, email, phone number, shipping address and billing address. Sweet Array is not responsible for any inaccuracies, typos, and/or spelling mistakes.

 

10.  Orders

 

10.1 Pre-Orders

We may sometimes cancel preorders due to product availability issues. However, similar substitutions will be made at our discretion.

 

10.2 Enclosure Card Messages 

We reserve the right to not print gift messages that may be inappropriate. Special formatting is not available. Customers should ensure accuracy by checking the order confirmation.

 

10.2 Out of Stock Items

Refunds may be done automatically if a product is out of stock for the rest of a season. A product replacement of similar value and design may be substituted at our discretion. 

 

10.3 Lost Orders

We will be glad to replace or refund lost orders. If an order is delivered by our courier partner, our team sweet representative may follow-up with the recipient or open an investigation or claim where the recipient may be contacted.

 

10.4 Pricing 

Pricing, offers and discounts are subject to change.

 

11.  Taxes

 

11.1 Orders being sent out throughout the Niagara Region are subject to HST.  Taxes on products and shipping are calculated on an Ontario tax rate of 13%. 

 

11.2 Documents for First Nations tax exemptions need to be received and completed by a team sweet representative for purchases to qualify for tax exemptions. To qualify for the exemption, the goods purchased must be for the personal use of the First Nations individual or for the use of the band. Personal use means for the beneficial use of the purchaser and may include business or commercial use.

 

12.  Guarantee

 

12.1 We guarantee the quality and freshness of our products. Our products are meant to be consumed within 3 days upon arrival. Issues and quality concerns must be addressed within 5 business days of receiving the order. If your order is incorrect or does not arrive in good condition we will gladly provide you with a refund or replacement. Proof of quality and/or damage will be required.

 

12.2 We reserve the right to verify information. We also may deny our guarantee in cases where fraud and abuse are suspected.

 

13.  Gift Cards

13.1 Gift card purchases cannot be canceled, returned or exchanged. Gift cards and pin numbers are needed for gift card redemptions. Gift cards are exempt from use towards holiday exclusives and promotions.  The value of a gift card cannot be replaced if the card is lost, stolen or destroyed and there is no proof where gift card numbers can be verified.

 

14.  Returns and Exchanges

 

14.1 We do not accept returns and exchanges.

 

15.  Product Images

 

15.1 We try our best to keep our product designs and media images up to date. Box assortments and packaging shown online may sometimes differ from what is received due to inventory shortages or circumstances outside our control. 

 

16.  Promotions

 

16.1 Promotional codes must be used upon placing your order. We reserve the right to honor promotions.

 

16.2 Promotional products may be substituted for items of a similar value if they become out of stock or unavailable.

 

16.3 We reserve the right to cancel promotions at any time.

 

17.  Delivery

 

17.1 Free Delivery Offers

Our free delivery promotion thresholds apply on a per delivery address basis. If you are sending to multiple addresses, each address must reach the required minimum threshold. For example, if we offer free shipping for orders $100+ and you have two shipments, both addresses must have a qualifying purchase amount of $100+.  Delivery promotions will not apply to past purchases. 

 

17.2 Delivery Date

Our current delivery calendar at checkout allows for the request of a delivery date. Delivery date is defined as the date when the order will leave our facility. We are unable to guarantee delivery times. We also reserve the right to deliver sooner if we have information about possible delivery delays.

 

17.3 Delivery Times

A window of time shall be selected at checkout.  All efforts will be made to deliver within that time frame.  Requests for specific time frames may be made under the note section.  However, we cannot guarantee delivery times.

 

17.4 Holiday Delivery Times

During busy holiday seasons, residential delivery times may be made as late as 8:00 PM.

 

17.5 Residential Deliveries

If there is no one to receive the delivery at the address provided, the item will be left near the main entrance and a phone message will be left at the phone number provided for the recipient.  Items will only be left weather permitting (ie.  temperature, available coverage).

 

17.6 Business Deliveries

The delivery may be left with the front desk, security, or the receptionist with instructions to refrigerate immediately.  Sweet Array is not responsible for items not properly handled.  If business is closed, delivery will be attempted the next business day.  All business deliveries will be made before 4:00 PM.

 

17.7 P.O. Boxes

The Sweet Array cannot deliver to P.O. Boxes.

 

17.8 Confirmation Before  Delivery with the Recipient 

It is the purchaser’s responsibility to ensure the recipient is able to receive the delivery and that the  address is correct.  The purchaser must request in the note section at checkout should they want Sweet Array to call recipient ahead to confirm delivery date and time. 

 

17.9 Delivery Deadlines

We provide delivery deadline calendars for all our major seasons (ie. Valentine’s Day, Mother’s Day, Christmas and Easter). Orders placed past the delivery deadlines may be delivered past the season. We’re unable to provide refunds or adjustments if orders are placed past our delivery deadlines. We may adjust our delivery deadlines due to circumstances outside our control. 

 

17.10 Delivery Standards

Sweet Array is not responsible for delivery delays due to events outside out of our control (ie.  inclement weather or natural disaster).

 

18.  Accessibility

 

18.1 We use technologies to make our website accessible as much as possible. There may be sections that are not fully accessible. We will continue to strive and find ways to achieve optimal levels of accessibility as technological advancements allow. 

 

19.  Emails

 

19.1 You may receive transactional emails including shopping cart abandonment and browse abandonment emails.

 

19.2 Promotional emails are prepared a few weeks in advance. Once unsubscribed please allow 2-3 weeks for your email removal to take effect.

 

19.3 Promotional emails may sometimes contain out of stock items. Item availability is based on inventory and demand.

 

19.4 Once unsubscribed you may continue to receive other transactional related emails such as order notification, tracking emails, and review emails.

 

20.  Privacy

 

20.1 Follow ups

Once you place an order we may reach out to you to learn about how you are using our programs and/or products, to see how satisfied you are with our services or to thank you for your support.

 

20.2 Product reviews

When submitting product reviews please ensure to not have detailed personal information in the title or within the review description area. For verification purposes we collect email addresses but these are not displayed. In the name area you should avoid putting your full name and last name and opt to use your first name or last name initial.

 

20.3 Account and order Inquiries 

We may need to verify your identity to help you with account and order cases.

 

20.4 Cookies

We use cookies in order to bring the best possible service and experience.

 

21.  Website

 

21.1 Copyright and Trademarks

Content on our site may not be copied, reproduced, downloaded for commercial purposes without prior written consent.

 

21.2 Feedback and Comments

The Sweet Array will not compensate you for any submitted material such as feedback, ideas, suggestions, practices and techniques and such information will not be considered proprietary or confidential.

 

21.3 Errors and Inaccuracies

As much as we strive to keep our content accurate we reserve the right to correct, adjust, update information containing errors or inaccurate information without prior notice. Corrections may include canceling and refunding your order.

 

22.  Privacy

 

22.1 Your consent to the use of the personal information you provide to the Sweet Array is outlined in our Privacy Policy.

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