Last updated: March 22, 2020

‍

Thank you for visiting our website, mobile website, or mobile application (“app”) (collectively, the “Platform”).

These Terms of Purchase & Refund Policy, the Terms of Use of the www.bandedpeakbrewing.com site (the “Site”) and Privacy Policy (together, the “Terms of Purchase”) govern any order or purchase of product (each, a “Product”) you make on the Site.  The Terms of Purchase are an agreement between you and Banded Peak Brewing, Labatt Brewing Company Limited, Anheuser-Busch InBev and our subsidiary and affiliated entities, which include different brands (the “Company”).

‍

PLEASE CAREFULLY READ THE FOLLOWING TERMS, THE TERMS OF USE AND THE PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE.  BY INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF PURCHASE, YOU AGREE TO BE BOUND BY THESE TERMS, THE TERMS OF USE AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY, AND YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH COMPANY.

‍

PRIVACY

Please review our Privacy Policy, which also governs your purchase and is incorporated hereto by reference, to understand our practices. You can access our Privacy Policy by clicking here.

‍

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.

‍

ORDERS

Only residents of Canada who have reached the age of majority in their province of residence may place orders through the Site. Orders will be shipped to Canada only. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.

‍

Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Terms of Purchase and the additional terms and conditions included in your order.

‍

We may limit quantities available for sale and reserve the right to reject or correct any order for any reason.

‍

DELIVERY AND TIMING

The shipping process and available options, including delivery method, carrier and estimated date of delivery or time for delivery, are described during the purchase process. We reserve the right to use a substitute carrier for your purchase at any time, at our discretion.

‍

The delivery date of your purchase depends on the shipping method you have chosen. We will estimate the time it will take to deliver the Product(s) you purchase through the Site.  This time is provided as an estimate only, and Company shall not be responsible in any manner for deliveries made outside of this time frame.

‍

PAYMENT

Our store is hosted on WordPress with Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

‍

You can pay for any purchase you make online by using a MasterCard or VISA card. By submitting your payment by credit card, you authorize the Company to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted and the Company will have no obligation to fulfill your order.

‍

All references to currency on the Site are to Canadian currency and all payments shall be made in Canadian currency, unless specifically stated.

‍

CORRECTIONS

Company does not warrant that Product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. We will make reasonable efforts to correct the error on our Site if we discover that a Product’s price, description or specifications are incorrect

‍

RETURNS AND REFUNDS

If you are unsatisfied with your purchase, please review our refund policy

‍

WARRANTIES

OTHER THAN FOR EXPRESS, LEGAL OR IMPLIED WARRANTIES THAT MAY NOT BE DISCLAIMED OR EXCLUDED UNDER APPLICABLE LAW, THE PRODUCTS YOU RESERVE OR PURCHASE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.

‍

LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR BODILY OR MORAL INJURY, SO THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.  TO THE EXTENT NOT PROHIBITED BY LAW, YOU ACKNOWLEDGE AND CONSENT THAT IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE (i) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, EXTRA-CONTRACTUAL LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (ii) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SITE OR THE PRODUCTS, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SITE.

‍

APPLICABLE LAW

[Not applicable to consumers residing in Quebec] These Terms of Purchase shall be construed in accordance with and governed by the laws of the Province of Ontario, without reference to conflict of laws provisions, and the Federal laws of Canada applicable therein. You attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

‍

[For consumers residing in Quebec] These Terms of Purchase shall be construed in accordance with and governed by the laws of the Province of Quebec, without reference to conflict of laws provisions, and the Federal laws of Canada applicable therein. You attorn to the exclusive jurisdiction of the courts of the Province of Quebec located in the District of Montreal (Quebec).

‍

Your use may also be subject to other local, provincial, national, or international laws.

‍

MISCELLANEOUS

These Terms of Purchase may not be modified by you except by a writing executed by the duly authorized representatives of Company. These Terms of Purchase will enure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Purchase may be assigned by Company but may not be assigned by you without the prior express written consent of Company.

‍

If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof would be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.

‍

It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Purchase will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Purchase due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.

‍

The headings and captions contained herein will not be considered to be part of the Terms of Purchase but are for convenience only. The Terms of Purchase sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

‍

The parties have expressly requested that these Terms of Purchase and any ancillary documents be drafted in English. Les parties ont expressément requis que les présentes modalités d’achat et tous les documents y afférant soient rédigés en langue anglaise.

‍

CONTACT INFORMATION

Labatt Brewing Company Limited

207 Queens Quay W, Suite 299

Toronto ON M5J 1A7 Canada