TERMS OF USE AND SALE

Welcome to the Liberty Foods Store Ltd. online shopping website, http://libertyfoods.ca. BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE AND SALES, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. Your access to, and use of this Site is expressly conditioned on your acceptance without modification of the following Terms. By using this Site, you signify your acceptance of these Terms. If you do not agree with any part of the following Terms, you must not use this Site.
Liberty Foods Store Ltd. reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Liberty Foods Store Ltd. for other products or services. If you have any question regarding the use of the Site, please contact us by email at info@libertyfoods.ca

 

1.   REGISTRATION

To place an order through the Site, you must register for an account.  When registering for an account, you agree to provide accurate and current information as requested and to promptly update such information as necessary to ensure that it is accurate and complete.  As part of the registration, you will be asked to choose a unique username and password.  You agree to be responsible for:
(a)    the accuracy and completeness of all information that you provide to us;
(b)    maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned to you as a result of any registration or purchase made through the Site; and
(c)    all activities that occur under such password(s) or account(s). Further, you agree to notify us of any unauthorized use of your password or account of which you become aware at info@libertyfoods.ca.  Liberty Foods Store Ltd. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
(d)    during the registration process you will be prompted to include your phone number.  If you wish to collect loyalty points as a member of the Liberty Foods Store Ltd. loyalty reward program please ensure that the number entered is the phone number matches the one you use at the store.  Although points can be collected through this online store, any points collected and accumulated must be redeemed at the store. 

 

2.   PLACING AN ORDER AND PAYMENT

You may only place an order through the Site if you are over the age of legal majority in the province/territory where you reside.  Unless otherwise indicated, all dollar amounts on the Site are in Canadian dollars.

Once you place your order through the Liberty Foods Store Ltd. online store, you will receive an email notification that your order has been confirmed.  This online confirmation does not constitute acceptance of your order. A short time after, upon the reception of your order, you will receive another notification via email that your order has been received and reviewed at store level.  From this time, please allow up to 2 hours for your order to be completed and ready for pick-up.  When your order has been processed and is ready for pick-up you will receive a third notification that your order is ready for pick-up. 
All orders can be picked up during Liberty Food Store Ltd. store hours (9 am – 6 pm) any time after you have received the notification that your order is ready for pick-up.  Please report to a cashier or the front office to pick-up your grocery order. 
As Liberty Foods Store Ltd. desires to provide the best customer experience possible, all orders placed after 4 pm may not be available for same-day pick-up.  Please call (250) 367-9911
By completing the checkout and submitting an order through the Site, you are agreeing to pay the purchase price and applicable in full through Global Payments, a payment gateway provider that Liberty Foods Store Ltd. uses to process transactions.  It will take up to 10 days for the transaction to appear on your bank statement.  By ordering through the Site, you are agreeing to the Terms and our Privacy Policy as well as the terms of use and privacy policy of Global Payments.

To cancel or modify orders, please contact Liberty Foods Store Ltd before scheduled pick up time.  If your order has already been processed, you must request a refund when picking up your order at the store.  See the Refunds and Exchanges section below.

In some cases, you may order fresh weighted product of which Liberty Foods Store Ltd. can only offer an estimate of the value.  In such cases, Global Payments will authorize an amount 20% higher than the total estimated value.  Upon processing of the order, the correct weights will be entered and you will be charged the correct amount of your purchase.

 

3.   PRICING AND AVAILABILITY

The prices shown on the Site at the time of ordering reflect the in-store prices of the selected store for the pick-up or delivery date selected.  Once you submit your order, the prices of items, or price per weight of items where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price.

In the event that an item is listed at an incorrect price, Liberty Foods Store Ltd. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

The purchase of items on the Site is subject to availability.  Not all items available in store may be available online.  At times, Liberty Foods Store Ltd. may run out of stock that appears online.  In the event that any items you ordered become unavailable for any reasons, you can have the Liberty Foods Store Ltd. substitute a similar item by checking the applicable box in the pick-up section of the transaction, or alternatively you will not receive the product. 

Liberty Foods Store Ltd. reserves the right to limit the quantity of items ordered per person, per household or per transaction.

 

4.   REJECTION OR CANCELLATION OF ORDERS

Choices reserves the right after receipt of your order to reject or cancel a portion of or the entire order for any reason such as:

(a)    errors in published item or pricing information;
(b)    product recall on the item that you have ordered;
(c)    limitations on product quantities available for purchase;
(d)    Liberty Foods Store Ltd. identifies evidence of fraud or tampering; or
(e)    other violations of the Terms Liberty Foods Store Ltd. will advise you of any rejection or cancellation by email notification. 

 

5.   REFUNDS AND EXCHANGES

If you are not satisfied with any item purchased, you may return new, unopened item(s) back to Liberty Foods Store Ltd. within 7 days of the invoice date.  If the items you purchased are refrigerated, frozen or fresh produce or meat, please contact Liberty Food Store Ltd. within 24 hours to discuss an exchange.

 

6.   LINKING YOUR LIBERTY FOODS STORE LTD. LOYALTY ACCOUNT

When you link your Liberty Foods Store Ltd. Loyalty account to your account for the Site, you give Liberty Foods Store Ltd. permission to access all data related to your Liberty Foods Store Ltd. Loyalty account, including your past purchases and points balance

 

7.   COMMUNICATIONS TO CUSTOMERS REGARDING ORDER STATUS

Liberty Foods Store Ltd. reserves the right to contact you via email for matters related to your order such as modifications, availability of items, or to let you know that the order is available for pick-up or delivery.  Liberty Foods Store Ltd. are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our' control.

 

8.   ORDER HISTORY

By default, the Site will display a customer's order history for the preceding three month period.  You may select a different option for length of time your order history is displayed. 

 

9. OWNERSHIP OF INTELLECTUAL PROPERTY

Liberty Foods Store Ltd. or our third party licensors or manufacturers own the copyright to all material on and from the Site.  Notwithstanding any other term or condition in the Terms, Liberty Foods Store Ltd., or the applicable third party licensors or manufacturers retain ownership to the copyright in the Site and all materials on and from the Site.  Except as stated herein, none of the material on and from the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Liberty Foods Store Ltd. or the respective copyright owner.
The Site contains many trademarks, trade names, logos, package designs that are either trademarks or service marks of Liberty Foods Store Ltd. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Liberty Foods Store Ltd. or its suppliers or licensors.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Liberty Foods Store Ltd., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Liberty Foods Store Ltd. or the respective owner.

 

10. USE OF THE SITE AND SITE MATERIAL

Except as expressly stated herein, the Site is provided for your personal non-commercial use only.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You warrant to Liberty Foods Store Ltd. that you will not use the Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, infringing, or profane material or any material that could constitute or encourage unlawful conduct.  Liberty Foods Store Ltd. reserves the right to monitor or review material transmitted or posted using the Site and to delete any material that Liberty Foods Store Ltd. deems inappropriate.  However, Liberty Foods Store Ltd. is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using the Site.

 

11. RELIANCE

The information, products and services included in or available through the Site may include inaccuracies.  Liberty Foods Ltd. may make changes, corrections and/or improvements to the Site at any time.  You hereby acknowledge that any reliance upon any materials, information, and advice included in or available through the site shall be at your own risk.  You should not rely on advice received via the Site for any personal, nutritional, medical, business, technical, legal or financial decisions.  Please consult appropriate professional for specific advice for your specific situation.

 

12. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

Your use of the Site is at your sole risk.  The Site and the materials therein are provided "as is" and "as available" basis.  Product descriptions, representations, warranties, guarantees and performance claims that appear on the Site are provided by Liberty Foods Store Ltd. vendors and are not independently verified by Liberty Foods Store Ltd..  The accuracy of such information is the sole responsibility of the vendors.  If vendors change ingredients or product information, Liberty Foods Store Ltd. cannot guarantee that the information will be updated on the Site.  You should refer to the actual physical items and their labels for most up to date information.
Liberty Foods Store Ltd. expressly disclaims all representations and warranties, express or implied, of any kind with respect to the Site, its use, contents, information or materials, including but not limited to information provided by other users of the Site, websites accessible by hyperlink from the Site, and websites linking to the Site.

 

13. LIMITATION OF LIABILITY

You agree that Liberty Foods Store Ltd., its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, access to or use of the Site.  You agree that this limitation of liability, is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Liberty Foods Store Ltd. has been advised of the possibility of such damages).

 

14. INDEMNIFICATION

You shall indemnify and hold harmless Liberty Foods Store Ltd. and its officers, directors, employees and agents against any claim, damages, loss, liability or expense, including legal fees, arising out of your use of the Site, its content or the unauthorized use of your account or password, in any way contrary to the Terms or any applicable law.

 

15. TERMINATION

You agree that Liberty Foods Store Ltd., in its sole discretion, may terminate your password, account or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if Liberty Foods Store Ltd. believes that you have violated or acted inconsistently with the Terms or applicable laws or regulations.  Liberty Foods Store Ltd. may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms may be effected without notice, and acknowledge and agree that Liberty Foods Store Ltd. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Liberty Foods Store Ltd. shall not be liable to you or any third party for any termination or restriction of access to the Site.

 

16. LINKS

The Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Liberty Foods Store Ltd. of the linked web site or information contained therein.  Liberty Foods Store Ltd. shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites.

 

17. GOVERNING LAW

The use of the Site shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site or material from this Site.

 

18. SEVERABILITY

The Terms shall be deemed severable.  In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

19. ENTIRE AGREEMENT

The Terms together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.