Terms & Conditions
1. Agreement and definitions
These Terms govern your use of https://vancouverchocolate.co/ (the "Site") and every purchase from Smitties, operated by Smitties ("we", "us"), Vancouver, BC, Canada. "You" means the person browsing or ordering. By using the Site or placing an order you accept these Terms together with our Privacy, Cookie, Shipping, and Refund & Returns Policies, which are incorporated by reference.
2. Eligibility
You must be of legal age in your jurisdiction — and meet any product-specific age requirement stated in our Age & Compliance Policy — to use this Site. You warrant that all information you provide is accurate and that you are purchasing for lawful personal use.
3. Your account
You are responsible for the confidentiality of your credentials and for all activity under your account. Notify us immediately of unauthorized use. We may suspend accounts involved in fraud, abuse, or violation of these Terms.
4. Orders and acceptance
Your order is an offer to purchase. A contract forms only when payment clears and we issue an order confirmation. We may refuse or cancel any order — including after confirmation — where fraud is suspected, stock is unavailable, verification fails, or a material error affected the listing; in every such case you receive a full refund of amounts paid.
5. Pricing and errors
Prices are shown in local currency and may change without notice; the price at checkout governs your order. Where a pricing or description error is obvious and material, we may cancel affected orders and refund in full rather than fulfil at the erroneous price.
6. Payment
We accept the payment methods shown at checkout. Payment is due at checkout. You represent that you are authorized to use the payment method provided. Payment details are processed by our payment providers; we do not store full card numbers.
7. Shipping and risk of loss
Orders ship from Vancouver, BC via , with free shipping on orders over $135. Delivery estimates are provided in good faith and are not guaranteed. Risk of loss passes to you on carrier delivery to your address; our Shipping Policy sets out how we handle delayed, lost, or misdelivered parcels — we investigate every case.
8. Returns and refunds
Returns are accepted within 30 days of delivery under the conditions in our Refund & Returns Policy, which forms part of these Terms.
9. Product information
We work to keep descriptions, imagery, and specifications accurate, but colours may render differently on screens and packaging may vary between production runs. Product information is not professional advice; consult a qualified professional where your use depends on health or safety considerations.
10. Intellectual property
The Site, its design, text, imagery, and software are owned by or licensed to Smitties and protected by intellectual-property law. You may browse and print pages for personal use; any other reproduction or commercial use requires our written consent. Trademarks appearing on the Site belong to their respective owners.
11. Acceptable use
You agree not to: interfere with the Site's operation or security; scrape or harvest data at scale; misrepresent your identity or age; use the Site for unlawful purposes; or resell products in breach of applicable regulation. We may restrict access for violations.
12. Disclaimer of warranties
Except for warranties that cannot lawfully be excluded, the Site and products are provided "as is" and we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. Statutory consumer guarantees in your jurisdiction remain unaffected.
13. Limitation of liability
To the maximum extent permitted by law, our total liability arising from any order or use of the Site is limited to the amount you paid for the order concerned, and we are not liable for indirect, incidental, or consequential loss. Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot lawfully be limited.
14. Indemnification
You agree to indemnify us against claims and costs arising from your breach of these Terms or unlawful use of the Site, except to the extent caused by our own breach or negligence.
15. Force majeure
We are not liable for delay or failure caused by events beyond our reasonable control, including carrier disruption, natural disaster, labour action, or government measures. We will resume performance as soon as reasonably possible.
16. Governing law and disputes
These Terms are governed by the laws of British Columbia, Canada. Before formal proceedings, contact [email protected] — most issues are resolved within days. Unresolved disputes are subject to the exclusive jurisdiction of the courts of British Columbia, Canada, without prejudice to mandatory consumer protections in your place of residence.
17. General provisions
If any provision is held unenforceable, the remainder stays in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor of the business. These Terms plus the incorporated policies are the entire agreement between us regarding the Site. We may update these Terms; the version posted at the time of your order applies to that order.