Terms of service
TERMS & CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE MAKING A PURCHASE ON THIS WEBSITE. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOUR PURCHASE.
These Terms and Conditions (“Terms”) govern the offer, purchase, and sale of MO’S Coffee products through the website www.moscoffee.ca (hereinafter the “Site”) which is operated by MO’S COFFEE FROM DOWN UNDER LTD. (“MO’S Coffee”, “we”, “us” or “our”).
BY PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU MAY NOT ORDER NOR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU:
(A) DO NOT AGREE TO THESE TERMS;
(B) HAVE NOT REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE; OR
(C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
1. Access and Use of the Site
a) You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection or your account are aware of and comply with these Terms.
b) You agree to use the Site only for purposes that are permitted by these Terms and to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products through it.
c) To the fullest extent permitted by law, MO’S Coffee may modify, update, discontinue, suspend, or withdraw any or all parts of the Site at its sole discretion and without notice to you. MO’S Coffee shall not be liable to any user or other third party for any such modification, update, discontinuance, suspension, or withdrawal.
d) You may need to create an account to access some of the features of the Site, or receive specific discounts. You agree that you will provide accurate, current, and complete information about yourself and your payment information. You must notify us immediately should you become aware of any security breach or unauthorized use of your account;
e) We reserve the right to terminate access to your account or reject your Order at any time if you have breached these Terms. To the extent we become aware of any such breach, we may report it to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and record of activities to them.
f) You must not use the Site:
i. In any way that violates any applicable federal, provincial, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries);
ii. To impersonate or attempt to impersonate MO’S Coffee, a MO’S Coffee employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
iii. In any manner that could disable, overburden, damage, or impair the Site, or interfere with any other party’s use of the Site, or use any means to inhibit the safe use of the site or introduce any viruses that are malicious or technologically harmful.
2. Content
a) The text, images, photographs, graphics, logos, illustrations, descriptions, data, know-how and products and other material provided by MO’S Coffee Site are referred to collectively as the “Content.” You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices.
b) The Content may contain errors, omissions, or typographical errors or may be out of date. MO’S Coffee may change, delete, or update any Content, including to correct any errors, omissions or inaccuracies, update information or cancel orders if any information on the Site is inaccurate, at any time and without prior notice (including after you have submitted an order). The Content is provided for informational
purposes only and is not binding on MO’S Coffee in any way except to the extent it is specifically indicated to be so.
3. Products
a) Detailed descriptions of the products can be found on the products’ pages on the Site. Note that the pictures and colors of the products on the Site may vary from the real article depending on your Internet browser settings or the monitor settings you use.
b) All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the Order is submitted and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your products total and will be itemized in your shopping cart and in your Order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors. Please check the final prices before placing an Order and completing the purchasing procedure.
c) You agree that your Order is an offer to buy, under these Terms, all products listed under your Order. If you disagree with any of the Terms, we invite you not to place an order. All Orders must be accepted by us, and until such time as the Orders are accepted, we will not be obligated to sell the products to you. We may choose not to accept any Orders in our sole discretion.
d) Our acceptance of your Order and the formation of the contract of sale between MO’S Coffee and you will not take place until we have verified the data you provided with your Order and you have received your Order confirmation email, and then only in accordance with these Terms.
e) The Order will be filed in MO’S Coffee database to the extent it is necessary for MO’S Coffee to process it in compliance with any applicable law.
f) MO’S Coffee will not fill Orders that are incomplete and/or incorrect. In such cases, we will inform you that the Order has not been finalized nor processed, specifying the relevant reasons.
g) If any product(s) that was displayed on the Site either at the time of your last access or at the time you placed the Order become unavailable, MO’S Coffee will timely inform you about the unavailability, and in any event 48 hours after you placed the Order. In such event, if you have already paid for the products, the contract with respect to such products will be considered terminated and MO’S Coffee will refund the entire amount paid with respect to such products promptly.
h) Any liability, whether in contract or in tort, for direct or indirect damages to persons and / or property caused by the failure to accept an Order for the above reasons is expressly excluded.
4. Offers and Discounts
Offers may not be combined with any other coupons, discounts, offers, or promotions. Offers are not redeemable for cash or gift cards, nor valid toward previous or future purchases. Offers only valid for online purchases in Canada and continental United States of America. Void if altered, copied, transferred, auctioned or sold. Offers valid on in-stock items only. No rain checks issued. Other restrictions may apply.
5. Payments
a) Payments must be received by MO’S Coffee before our acceptance of the Order, and no Order shall be considered accepted until such payment has been received. Payments can be made Visa, MC, Amex, Shop Pay, Apple Pay, Google Pay and Interac.
b) You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
c) If you chose to pay via credit card your payment card information (e.g. card number, expiration date, security code, etc.) will be forwarded by encrypted protocol to the bank providing the electronic payment service. No third parties can access this data. Your payment card information will never be used by MO’S Coffee for any purpose other than processing your Orders, or to process a refund, or to prevent fraud or to report fraud cases to the competent authorities.
6. Returns or Refunds
ALL COFFEE PRODUCT PURCHASES ARE FINAL SALE.
We process your payment prior to preparing your custom order. You will receive an email confirming your order, followed by another notification once your order has been transferred to our designated carrier, at which point it the order is no longer under our control.
7. Shipment and Delivery
a) Products will be shipped to the address indicated in the Order through the carrier or delivery service selected by MO’S Coffee.
b) To the fullest extent permitted by applicable law, title and risk of law pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guarantee. MO’S Coffee is not liable for any delays in shipment depending on the carrier faults, omission or misconduct in conducting delivery services.
c) Shipping Discrepancies: We strive to ensure that all orders are accurate before shipping, but errors may occasionally occur. If you receive an item that does not match your order confirmation, please reach out to us promptly using our online CONTACT US form. You must contact us within 48 hours of receiving the shipment so we can assist you in resolving the matter.
d) Damaged Items: All coffee dispatched from our facility meets our stringent quality control criteria. If your shipment arrives with any damages to the product due to the carrier’s handling, please contact us immediately through our online CONTACT US form. We ask that you report any damage within 48 hours of receipt so we can help find a resolution.
8. Submissions to the Site
a) Any and all personal identification information that is electronically submitted by users to the Site will be protected and processed in accordance with applicable regulations and MO’S Coffee’s Privacy Policy
b) MO’S Coffee will appreciate comments, suggestions and indications from users of its Site. However, MO’S Coffee has no obligation to accept any such material howsoever forwarded via the Site. In addition, any communication or material you transmit to MO’S Coffee through the Site is and will be treated as non-confidential and non-proprietary and you grant to MO’S Coffee, and/or its affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Submission for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law, and waive any moral rights you may have in such Submission. MO’S Coffee has no obligation to review or implement your Submission, or to return to you all or part of any Submission for any reason.
c) Notwithstanding the above, you are not allowed to submit, upload, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights (including any intellectual property or privacy rights) of any party or may otherwise give rise to liability or violate any law or affect the corporate image of MO’S Coffee.
9. Third Party Links
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by MO’S Coffee of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by MO’S Coffee, and we are not responsible for any activity you engage in on those sites. Links to other sites are provided for your convenience only, and you access them at your own risk.
10. Termination
These Terms are effective until terminated by MO’S Coffee. To the fullest extent permitted by applicable law, we have the right without notice and at any time to terminate these Terms, some or all of the Site, or any feature or portion thereof, or any products offered through them. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
11. Disclaimer of Warranties
To the fullest extent permitted by applicable law, you acknowledge and agree that MO’S Coffee is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of:
(i) any incorrect or inaccurate content posted in the Site, whether caused by users or any of the equipment or programming associated with or utilized in the Site;
(ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings;
(iii) the conduct, whether online or offline, of any user;
(iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or
(v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/ or in connection with the Site.
The Site may display links to other Internet sites or resources. Because MO’S Coffee has no control over such sites and resources, you acknowledge and agree that MO’S Coffee is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, cookies, advertising, products or other materials on or available from such sites or resources.
12. Limitation of Liability
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES (SUCH AS, IN SOME CASES, CONSEQUENTIAL OR INCIDENTAL DAMAGES), IN SUCH JURISDICTIONS, MO’S COFFEE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MO’S COFFEE NOR ITS EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF YOU OR MO’S COFFEE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF MO’S COFFEE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE. IN NO EVENT WILL MO’S COFFEE OR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL MO’S COFFEE OR ANY OF ITS AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
13. Indemnification
You agree to defend, indemnify, and hold harmless MO’S Coffee, MO’S Coffee’s licensors and service providers, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.
14. Force Majeure
We shall not be liable for delay or failure to perform our obligations under these E-Commerce Terms due to any contingency beyond our reasonable control, including, but not limited to, war, acts of terrorism, riot or other civil unrest, political insurrection, acts or orders or expropriation by any government, governmental restrictions or controls on imports, exports or foreign exchange, changes in law, inability to procure or shortage of suppliers of necessary materials, fuel shortage, strike, lock out or other labor disturbances or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, epidemic, pandemic, fire, flood, explosion, earthquake, or other natural events.
15. Dispute Resolution
To the fullest extent permitted by applicable law, disputes arising from any sale of products from our Site shall be resolved in binding arbitration as described in our Terms and Conditions of Use.
16. Notice
To the fullest extent permitted by applicable law, MO’S Coffee reserves the right to change these Terms at any time without prior notice to you, and in its sole discretion. The latest version of these Terms will be posted at this page and will be effective upon posting. You should review them before purchasing any product through this Site. The Terms that are posted at the time your Order is made governs that Order. You should also carefully review our Privacy Policy before placing an Order for products through this Site. For any other information, you may need to contact MO’S Coffee Customer Service. These Terms have been drafted in English. Ces modalités de commerce électronique ont été rédigees en anglais à la demande expresse des parties.
COOKIE POLICY
MO'S COFFEE FROM DOWN UNDER LTD. (“MO's Coffee,” “we,” “us,” or “our”) serves as the controller of personal information collected via our website at www.moscoffee.ca (the “Website”). We want to inform you that our Website utilizes cookies and similar technologies to enhance your experience and recognize you during future visits. These technologies help perform specific functions and personalize content. We encourage you to review this Cookie Policy for detailed information about our use of these technologies. This Cookie Policy may be updated periodically to comply with new regulations or implement new technologies. We recommend that users review this policy regularly for any updates or changes.
WHAT ARE COOKIES & THEIR PURPOSE?
Cookies are small text files that are automatically downloaded to your browser or device when you visit our Website, including mobile versions. Some cookies are designed to secure our Website, while others help improve performance or customize content. Each cookie serves a distinct purpose and can be classified as technical, analytical, or profiling cookies.
Our Website also uses “third-party” cookies, which are installed by external entities such as Shopify.
There are three main types of Cookies that are sent directly from our Website to third parties. Functionality Cookies enable users to navigate the Website based on selected preferences, such as language or browser type, thus improving the service experience. Technical Cookies are used to optimize and enhance our Website’s functionality. For instance, they may store user preferences regarding cookie usage. Technical cookies are not employed for any other purposes and can be managed by us or third parties. Analytical Cookies collect data on the number of visitors to our Website and identify the most frequently visited pages. This information helps us assess the Website’s performance.
TAGGING TECHNOLOGY
Our Website also uses technologies similar to cookies, known as tagging technologies. These help us understand which content resonates most with our users and determine the relevance of our offers. Information gathered through tagging can be utilized to display products and promotions aligned with user interests.
Third-Party Cookies and Social Media Buttons
Third-party cookies are installed by external websites outside of our own, aimed at delivering targeted content or services. Our Website features social media buttons—icons that link directly to our social media pages (such as Instagram and Tik Tok). These buttons may also install third-party cookies from the respective social media networks.
HOW TO MANAGE COOKIES
Cookies can be categorized as Temporary (Session) Cookies, which store temporary information and connect actions during a specific browsing session that are deleted once the browser is closed, and Permanent (Persistent) Cookies, which retain information such as usernames and passwords, allowing users to bypass entering these details on subsequent visits. They remain on users’ devices until their expiration date or until manually deleted.
Users can adjust their cookie preferences through their browser settings to prevent non-partner third parties from installing cookies. The methods for managing cookie permissions and removal vary by browser. For more information, please consult your browser settings and help section.
For services offered by non-partner third parties, users can exercise their right to opt-out of tracking using the information provided in those third parties' Privacy Policies.