Terms & Conditions

Purchase Terms and Web Site Terms of Use

You should read these Terms carefully before you purchase products or start to use the Site. These Terms significantly alter your legal rights, remedies and obligations.

Sections 9, 11 and 13 in particular contain important limitations on and exclusions of our liability to you.

WE CURRENTLY ONLY OFFER DELIVERY SERVICE WITHIN COMOX REGIONAL DISTRICT, ROYSTON, COURTNEY, CUMBERLAND BRITISH COLUMBIA.

WE CURRENTLY DO NOT DELIVER PRODUCTS OUTSIDE OF THESE TWO GEOGRAPHIC LOCATIONS IN BRITISH COLUMBIA. IN THE FUTURE WE WILL BE EXPANDING OUR DELIVERY SERVICE TO OTHER SURROUNDING AREAS OF BRITISH COLUMBIA.

The Site and these Terms relate to:

Store Operator: The Liquor Store Comox
Operator License: License #193343

Welcome to our web site! We provide this web site (“Site”) and sell and supply products (“Products”) through the Site subject to the following terms and conditions (the “Terms”).

Your access and use of the Site, including your purchase of any Products through the Site, constitutes your acceptance of these Terms. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PURCHASE ANY PRODUCTS FROM, OR OTHERWISE USE, THE SITE.

In these Terms, “Operator” refers to the store operator identified above, and “we” or “us” or “our” refer to the Operator alone and never refer to the combination of you and the Operator.

These terms are divided into two parts. The first part deals with the purchase and delivery or pick-up of Products; the second part has general terms about the Site and your use of the Site.

PRODUCT PURCHASE TERMS

1. Eligible Customers

In accordance with the BC Liquor & Cannabis Regulation Branch (LCRB), you must be at least 19 years old to use the Site and to order and buy Products. We will not deliver Products to, or allow Products to be picked up by, anyone who is not at least 19 years old. We may require to see your BC government approved photo identification to confirm your age when you pick up Products or when we deliver Products to you.
You may only purchase Products for your personal use, and not for resale or commercial use.

2. Ordering Products

After you place an order for Products through the Site, we will send you an e-mail acknowledging your order (“Acknowledgement”). This does not mean that we have accepted your order. Your order is an offer to us to buy a Product, and is subject to our acceptance. If we accept your order, we will confirm our acceptance by sending you an email confirming the order details (“Order Confirmation”).

The contract between you and us regarding the purchase of the Product(s) you order (“Purchase Contract”) will only be formed when we send you the Order Confirmation and will only relate to those Products identified in the Order Confirmation. We will not be obliged to supply any other Products that may have been part of your order until we confirm the availability of those Products in a separate Order Confirmation. You should check all emails carefully, including the Acknowledgement and the Order Confirmation, to ensure that their details are correct.

Your order may not be accepted for various reasons, including:

• the Product that you ordered being unavailable;
• our inability to obtain authorization for your payment;
• the identification of a pricing or Product description error;
• you not meeting the eligibility criteria set out in, or otherwise being in contravention of, these Terms.

If there are any errors in your order, or if you require further information, please contact us during business hours at the phone number or email address set out above.

3. Return Policy

You may cancel any order and return all unopened products from an order for any reason within 7 days after the original purchase. If you purchased multiple products through a single order then you cannot return only some of the products – you must return all of them.

• All returns must be made within 7 days of the original purchase.
• A copy of your receipt is required for all refunds.
• We will contact you to make arrangements for your return and a full refund.

Please contact us at the email address set out above and provide the following information:

• Reason for return
• Product name
• Date of purchase
• Customer first and last name
• Contact phone number and email address

If you cancel a Purchase Contract under section 3:

• We will reimburse to you all payments received from you, including the costs of delivery.
• We will make the reimbursement without undue delay and in any event as required by applicable law.
• We will otherwise make reasonable efforts to process refunds or exchanges within 30 days of the day you inform us that you wish to return the Product.
• You may also have the right to cancel a Purchase Contract within certain periods set out in BC’s consumer protection legislation if we do not comply with that legislation.

4. Prices

• The price of any Products will be as set out on the Site at the time of your purchase (except in cases of obvious error).
• Those prices do not include applicable taxes. You will pay those prices set out on the Site and all applicable duties and taxes for the Products you purchase from the Site.
• Applicable charges and taxes will be displayed when you are ordering Products, as well as in the Order Acknowledgement. All transactions will be processed in Canadian dollars.

Despite our efforts, it is always possible that some of the Products may be priced incorrectly due to typographical error or error in pricing or product information received from our suppliers.

• We will normally check prices but if the price is less than our stated price at the time of your payment, we will charge the lower amount.
• You will not receive a refund if Products’ prices changed between the time of your payment and the time of pickup or delivery.
• We reserve the right to reject or cancel any orders placed for Products listed at the incorrect price, whether or not the order has been confirmed and your credit card or debit card charged, and we do not have to provide the Products to you.
•  If your credit card or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card or debit card account in the amount of the charge.

5. Payment

• Payments must be made in advance through the Site, either through credit card or debit card.
• We may change our prices from time to time, but any such change will not affect orders in respect of which we have already sent an Order Confirmation.
• We do not accept payment through the third-party payment processors.
• If we allow you to pay us directly via credit card or debit card, then you authorize us to charge all amounts to the card number you provide to us.
• If your card payment is rejected or refused you will immediately pay us the amount due and provide us with an alternative card number for future payments.
• You represent and warrant to us that each card you use for payment to us belongs to you, and that you have the right to charge all such payments on the card(s).

6. Availability, Delivery and Pickup

You may arrange to have your Products delivered, or you may choose to pick them up at our store. The details for both options are set out on the Site. Delivery and pickup times may vary, and will depend partly on when you place your order and when our store is open.

Delivery:

1.  We will only deliver Products to locations where liquor can be legally possessed or consumed.
2. You are responsible for giving us your correct delivery details, and for making sure someone who is at least 19 years old is present to receive the delivery at the specified delivery time.
3. If you provide incorrect details, if no eligible person is present to accept delivery, or if we otherwise cannot complete the delivery then we reserve the right to apply a failed delivery charge, and we will arrange a new date and time for delivery with you.

Pickup: If you do not pick up the Products yourself at our store, the person doing so must have your written authorization or a copy of your purchase receipt.

Rules:

1. In accordance with the BC Liquor & Cannabis Regulation Branch (LCRB) all deliveries must be received, and all pickups must be made, by an individual who is at least 19 years old and who is not intoxicated (as determined by us in our sole discretion).
2. We will require proper photo identification, and we reserve the right to refuse to complete a delivery or pickup if no identification (or improper identification) is provided or if the individual appears to be intoxicated.

GENERAL TERMS

1. Terms May Change

We may change the Terms on occasion without notice, and you should revisit the Site periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from the Site.

2. Acceptance

Your access to and use of the Site and your purchase of Products through the Site is subject exclusively to these Terms. You will not use the Site for any purpose that is unlawful or prohibited by these Terms. By using the Site, including by purchasing Products, you are fully accepting the terms, conditions and disclaimers contained in these Terms.

Any sale of Products through the Site will be on the basis of these Terms. You may wish to print a copy of these Terms and retain them for your records.

3. Security and Viruses

We have implemented reasonable technology and security features to safeguard your information from unauthorized access or improper use.

While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Site demonstrates your assumption of this risk.

We have taken steps to ensure that the Site is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Site. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from the Site.

4. Privacy

We respect your personal privacy. You may use the Site without providing any personal information about yourself other than such personal information as you may specifically and knowingly provide (for example, to complete a purchase transaction).

We will collect, use and disclose personal information as described in our privacy policy, which is available here. You consent to the collections, uses and disclosures of your personal information for the purposes described in our privacy policy.

We may collect and maintain statistics relating to the number of visits to the Site, the types of browsers used to access the Site, the Internet Protocol addresses of computers accessing the Site, and similar non-identifiable information. This information is only used for internal purposes.

5. Proprietary Rights

This Site, its organization and design, and all information, images, artwork, text, video, audio, pictures and other material on the Site (collectively the “Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.

You may download information from the Site for your personal, non-commercial viewing, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from the Content without our prior written approval.

You do not acquire ownership rights to any Content by accessing or using the Site, and our posting of Content on the Site is not a waiver of any right in or to that Content.

6. Trademarks

We own our name, logo, and all of our other trademarks and trade names appearing on the Site. Unless otherwise indicated, all other trademarks appearing on the Site or on Products are owned by third parties and are used under license.

7. Linking

Any sites that are linked to from our Site are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us.

If you wish to provide a link to the Site from your own web site, you may only link to our home page. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.

8. Modifications

We may add new features to the Site, remove existing features from the Site, or otherwise modify the Site and the Content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.

9. Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any Purchase Contract that is caused by events outside our reasonable control. Our performance is deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period.

10. Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, This Site and the Content AND THE PRODUCTS are provided “as is” and “as available” and without representations or warranties of any kind, whether express, implied or statutory.

To the fullest extent permissible by applicable law, WE disclaim all representations and warranties, whether express, implied or statutory (including any warranties of merchantability OR fitness for a particular purpose). WE DO not represent or warrant that functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components.

The information and Content contained on the Site ARE prepared by US and ARE believed to be accurate but ARE provided for informational purposes only. WE DO not warrant or make any representations regarding the use or the results of the use of any Content in terms of completeness, correctness, accuracy, reliability, usefulness, timeliness, reliability or otherwise.

You acknowledge that your access to and use of the Site and the Content will not be free of interruptions, that the Site and the Content may contain bugs, errors, inaccuracies, VIRUSES or other limitations, and that the Site may be unavailable from time to time. You assume total responsibility and risk for your access to and use of the Site and the Content.

11. Limitation of Liability and Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE and OUR officers, directors, employees and representatives will not be liable to you or any other party for any indirect, special, consequential or incidental damages arising directly or indirectly from your use of (or your inability to use) the Site or the Content.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, You release US and OUR officers, directors, employees and representatives from all claims, actions, liabilities and damages of any kind relating to or arising from your access to and use of (or your inability to access and use) the Site or the Content.

If, despite the limitations set out above, WE become liable to you resulting from your access to and use of (or your inability to access and use) the Site or the Content or otherwise under these Terms, that liability will be limited to CAD$50.

12. Prohibited Activities

You will not use the Site for any purpose that is unlawful or prohibited by these Terms.

 In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Site:

• use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
• engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
• impersonate others, including our employees or representatives, or other members or visitors to the Site;
• interfere with, intercept, mine, scrape or expropriate any Content, data or personal information from the Site;
• upload to distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law; or
• upload any commercial content or solicit others to join or become members of any other online service or other organization.

13. Indemnification

You agree to indemnify and hold harmless us and our directors, officers, shareholders, employees and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Site.

14. Choice of Law Jurisdiction

These Terms, your access to and use of the Site and the Content, your purchase of Products, and any claims made against us or our directors, officers, employees and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with British Columbia laws (including federal laws applicable in British Columbia), without reference to British Columbia’s conflict of law rules.

You agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Site will be in the British Columbia courts sitting in Courtney, British Columbia.

15. General

If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by us will impair any of our rights or remedies that we do not expressly waive in writing. We will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.

16. Contact Information: Contact us here.