Conditions d’utilisation

OVERVIEW

Welcome to Edible Cake Canada’s website. The terms "we," "us," and "our" refer to Edible Cake Canada. By accessing this website and using the information, tools, and services provided, you agree to comply with and be bound by these Terms of Service ("Terms").

By visiting our site or purchasing from us, you engage in our "Service" and agree to adhere to the following terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Continued use of or access to the website after any changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are either at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given consent for any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purposes, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. Any breach or violation of these Terms will result in the immediate termination of your Services.

CUSTOM DESIGN ITEMS

By agreeing to these Terms of Service, you warrant that you have the rights to use any content or designs you provide and will hold us blameless if not. Edible Cake Canada does not own the copyrights for images provided by the customer and does not intend to display any copyright-protected images. In no event shall Edible Cake Canada, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any copyright claims.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time, for any reason. You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) modifications to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without our express written permission. The headings in this agreement are for convenience only and do not affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this site is inaccurate, incomplete, or outdated. The material on this site is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain historical information, provided for your reference only and not necessarily current. We reserve the right to modify the contents of this site at any time but are not obligated to update any information. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Product prices are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We are not liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

International Orders Information

All fees are subject to local government taxes and other applicable charges.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services are available exclusively online and may have limited quantities. Returns or exchanges are subject to our Return Policy.

We strive to display product colors and images accurately but cannot guarantee your monitor's display will be accurate.

We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction on a case-by-case basis. We may also limit quantities and change product descriptions and pricing without notice. We reserve the right to discontinue any product at any time. Offers are void where prohibited.

We do not guarantee that the quality of products, services, information, or other material purchased will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - BILLING AND ACCOUNT INFORMATION ACCURACY

We reserve the right to refuse or limit any order at our discretion, including orders from the same account, credit card, or address. If we make changes or cancel an order, we may notify you using the contact information provided. We may limit or prohibit orders from dealers, resellers, or distributors.

You agree to provide accurate, current purchase and account information and to promptly update any changes. For more details, review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may offer access to third-party tools without control or input from us, provided "as is" without warranties or endorsements. Use these tools at your own risk, ensuring you agree with the third-party terms.

Future new services or features on the site will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Service may include content, products, and services from third parties. Links to third-party websites are not affiliated with us, and we are not responsible for their content or accuracy. We do not endorse and are not liable for any third-party materials, websites, products, or services.

We are not responsible for any harm or damages related to third-party transactions. Please review third-party policies and practices before engaging in any transactions. Direct any complaints or concerns regarding third-party products to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND SUBMISSIONS

By sending us comments (e.g., contest entries, ideas, suggestions), you agree that we may use them without restriction in any medium. We have no obligation to keep comments confidential, compensate for them, or respond to them.

We may monitor, edit, or remove content we deem unlawful, offensive, or violating intellectual property or these Terms of Service. Your comments must not violate third-party rights or contain unlawful, abusive, or obscene material. Do not use false information or mislead us or others about the origin of comments. You are solely responsible for your comments and their accuracy. We are not liable for any comments posted by you or others

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for details.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Our site or Service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct these errors and update or cancel orders without prior notice, even after an order has been submitted.

We are not obligated to update information in the Service or on any related website, except as required by law. No specific update or refresh date should imply that all information has been modified or updated.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content for: (a) any unlawful purpose; (b) soliciting others to perform unlawful acts; (c) violating any regulations or laws; (d) infringing on intellectual property rights; (e) harassment or discrimination; (f) submitting false information; (g) uploading viruses or malicious code; (h) collecting personal information; (i) spamming or scraping; (j) obscene or immoral purposes; or (k) interfering with security features. We reserve the right to terminate your use of the Service for violating these prohibitions.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content for any of the following purposes:

(a) Any unlawful purpose; (b) Soliciting others to perform or participate in unlawful acts; (c) Violating any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others; (e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) Submitting false or misleading information; (g) Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service, any related website, other websites, or the Internet; (h) Collecting or tracking the personal information of others; (i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) Any obscene or immoral purpose; or (k) Interfering with or circumventing the security features of the Service, any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 13 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Edible Cake Canada (referred to as “We,” “Us,” “Our”) offers a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “Agreement”). By opting in to or participating in the Program, you accept and agree to these terms and conditions, including resolving disputes with us through binding, individual-only arbitration as detailed in the “Dispute Resolution” section below. This Agreement is specific to the Program and does not modify other Terms and Conditions or the Privacy Policy that may govern your relationship with Us in other contexts.

User Opt-In

The Program allows users to receive SMS/MMS mobile messages by affirmatively opting in through online or application-based enrollment forms. Regardless of the opt-in method, this Agreement applies to your participation in the Program. By participating, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, understanding that consent is not required to make any purchase from Us. Message and data rates may apply.

User Opt-Out

If you no longer wish to participate in the Program or agree to this Agreement, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us to opt-out. You may receive a confirmation message. These are the only reasonable methods to opt-out; any other method, including verbal requests, is not acceptable.

Duty to Notify and Indemnify

If you intend to stop using the mobile number subscribed to the Program, you must complete the User Opt-Out process before discontinuing use. Failing to notify us of changes may result in your responsibility for all costs (including attorneys’ fees) and liabilities incurred by Us or any party assisting in message delivery. This duty survives any cancellation or termination of your participation in the Program.

You agree to indemnify, defend, and hold Us harmless from any claim or liability resulting from your failure to notify Us of a change in your provided information, including any claim under the Telephone Consumer Protection Act (47 U.S.C. § 227, et seq.) or similar state and federal laws and regulations.

Program Description

The Program includes marketing messages concerning the sale of digital and physical products, services, and events.

Cost and Frequency

Message and data rates may apply. The Program involves recurring mobile messages, with additional messages sent periodically based on your interactions with Us.

Support Instructions

For support, text “HELP” to the number you received messages from or email us at customediblecake@gmail.com. Note that email is not an acceptable method of opting out.

MMS Disclosure

The Program will send SMS messages if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times. We are not liable for delays or failures in receiving mobile messages. Delivery is subject to effective transmission from your wireless service provider, which is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements

You must have your own wireless device capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers support this service.

Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years old. If you are between thirteen (13) and eighteen (18) years old, you must have your parent’s or legal guardian’s permission. By using or engaging with the Platform, you confirm you meet these age requirements and have appropriate permissions.

Prohibited Content

You agree not to send prohibited content over the Platform, including:

• Fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any unlawful product, service, or promotion;
• Content implicating or referencing personal health information protected by HIPAA or HITEC Act;
• Any other content prohibited by applicable law in the jurisdiction from which the message is sent.

  SECTION 14 - DELIVERY

  Estimated delivery times are provided once your order is placed, commencing from the shipping date, not the order date. These are guides subject to order approval. We aim to fulfill orders within 14 business days (Monday to Friday, excluding holidays).

  We are not responsible for postal service delays due to severe weather, natural disasters, transportation delays, civil unrest, postal mistakes, or power outages, and we cannot refund orders due to these delays. Please order early to avoid such issues.

  Delivery dates may vary based on carrier practices, delivery location, method, and items ordered. Products may be delivered in separate shipments. Free shipping may be available based on order amount or location; check current options at checkout.

  Shipping costs are based on volume, weight, and delivery method. Add items to your cart and proceed to checkout to see charges. Provide a correct non-PO Box address; the buyer is responsible for any expenses due to incorrect addresses or customer unavailability.

  We are not responsible for damage, delays, or loss during shipping. We may cancel orders if requested express delivery is not available or suitable.

  Orders usually take 1-2 business days to process before shipping, potentially longer during high-volume periods. Custom orders require an additional 1-3 business days for creation and customer approval.

  Expected delivery dates are provided by the courier and subject to change. Contact the courier directly for questions. If tracked, shipping progress will appear in the system the next business day.

  For non-trackable Standard Canada Post packages:

  Canada: 6-12business days

  USA: 6-12 business days

  These times exclude weekends, holidays, and customs delays.

  SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  We do not guarantee that our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the service will be accurate or reliable. We may remove or cancel the service at any time without notice.

  Your use of the service is at your sole risk. The service and all products delivered through it are provided 'as is' and 'as available,' without any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

  Edible Cake Canada and its affiliates, agents, and licensors are not liable for any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or replacement costs, arising from your use of the service or products obtained through it. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.

  SECTION 16 - INDEMNIFICATION

  You agree to indemnify and hold harmless Edible Cake Canada and its affiliates, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

  SECTION 17 - SEVERABILITY

  If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted by law, and the unenforceable portion will be deemed severed from these Terms, not affecting the validity of the remaining provisions.

  SECTION 18 - TERMINATION

  Obligations and liabilities incurred before the termination date survive termination. These Terms of Service are effective until terminated by either you or us. You may terminate them by notifying us that you no longer wish to use our Services or by ceasing to use our site.

  If we believe you have violated any term of these Terms of Service, we may terminate the agreement without notice, and you will remain liable for all amounts due up to the termination date. We may also deny you access to our Services.

  SECTION 19 - ENTIRE AGREEMENT

  Failure to enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms, along with any policies or rules posted by us, constitute the entire agreement between you and us, superseding any prior agreements or communications. Ambiguities in these Terms will not be construed against the drafting party.

  SECTION 20 - GOVERNING LAW

  These Terms of Service and any separate agreements for our Services are governed by the laws.

  SECTION 21 - CHANGES TO TERMS OF SERVICE

  You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates on our website. It is your responsibility to check periodically for changes. Continued use of our website or services after changes are posted constitutes acceptance of those changes.

  SECTION 22 - CONTACT INFORMATION

  Questions about the Terms of Service should be sent to customediblecake@gmail.com