Terms & Conditions
(hereinafter the “Terms”)
Welcome to the Choices Market (“Choices”) online shopping website, Choices.Market (the “Site”). 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.
Choices 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 Choices for other products or services. If you have any question regarding the use of the Site, please contact us by email at [email protected]
1. REGISTRATION
To place an order through the Site, you must register for an account. Choices is part of the Pattison Food Group and uses a common customer account system with other Pattison Food Group companies. When registering for an account, you agree to accept the terms and conditions of the customer account system provider(s), and 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 [email protected]. Choices and the customer account system provider(s) 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.
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.
After you place an order on the Site, you will receive online confirmation that your order has been received by Choices. This online confirmation does not constitute acceptance of your order. Choices will advise you of the confirmation of acceptance of your order by your preferred communication method selected at the time you set up your account.
By completing the checkout and submitting an order through the Site, you are agreeing to have the order selected and made available to you and to pay the purchase price and all applicable deposits, taxes and specified fees (if applicable) in full through Choices payment processor, a payment gateway provider that Choices uses to process electronic payment transactions. It may 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 the privacy policy of Choices payment processor.
You may cancel or modify your order (including adding or removing products, changing quantities, or changing pick-up or delivery details) by accessing your account through the Site. The cut off time for cancelling or modifying your order is when we begin selecting items included in the order. To cancel or modify same day pick up orders, please contact your selected Choices store before scheduled pick up time or cancel the order through your account on the Site. If your order has already been processed or shipped, you must request a refund. See the Refunds and Exchanges section below.
3. PICK UP AND DELIVERY
Orders for delivery may be delivered by either Choices employees or a Third Party Delivery Company1 . By ordering through the Site, you are agreeing to the Terms and our Privacy Policy and, when applicable, the terms of use and privacy policy of our Third Party Delivery Company. Order number and identity verification by means of valid government issued picture identification will be required for pick-up and delivery. If your order will be picked up by a third party, you must provide Choices with authorization in the required form to release your order to the third party and such third party will need to show valid government issued picture identification. In the event that credit card or identity verification is not possible, Choices reserves the right to cancel the order.
4. PRICING AND AVAILABILITY
The prices shown on the Site at the time of ordering reflect the in-store prices of the selected store for that date. Once you submit your order, the prices of items, or price per weight of items where applicable, is assured unless you placed an order for an item where we have inadvertently listed the incorrect price (in which event Choices will follow the Scanner Price Accuracy Code of Practice), or a promotional price for that item has expired.
Promotional pricing is available by date. Promotional prices have expiry dates and should your order be scheduled for pickup or delivery after the promotional price has expired, you will be charged the full price for the item. As an example: Item X is on sale today, but the sale ends tomorrow. You order it online today, but schedule pickup for two days from now after the sale ends. Because our staff will not be selecting your order until your scheduled date of pickup or delivery, that is, after the item you have chosen is no longer on sale, you will be charged the regular price for Item X. As an alternative example: Item Y goes on sale starting tomorrow. You purchase it online today and schedule pick up for tomorrow. Our staff will select the item tomorrow based on your requested pick up time, and you will receive the sale price on Item Y.
In the event that an item is listed at an incorrect price, Choices 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. Should an item that you have ordered be unavailable, you will have the option to allow Choices staff to substitute the item with a suitable replacement. For further details on substitutions please visit our Help and FAQ page. Not all items available in store may be available online. In the event that any items you ordered become unavailable for any reasons, Choices will advise you by your Preferred Communication Method2 of such change and you will have no obligation to pay for such items.
Choices reserves the right to limit the quantity of items ordered per person, per household or per transaction.
5. 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) Choices identifies evidence of fraud or tampering; or
- (e) other violations of the Terms.
Choices will advise you of any rejection or cancellation by your Preferred Communication Method.
6. REFUNDS AND EXCHANGES
If you are not satisfied with any item purchased, except for fresh or refrigerated products, you may return new, unopened item(s) back to Choices within 30 days of the invoice date. You may return the item(s) to any Choices store or by mail. If you are returning by mail, contact Choices at [email protected] to make a return request. You are responsible for shipping and any additional fees associated with the shipping. Upon receipt of the returned item(s), you will receive a refund within 10 days.
If the items you would like to return or exchange are refrigerated items, produce and fresh meat, please contact your selected store or at [email protected] within 48 hours of receiving your order.
7. LINKING YOUR CHOICES PREFERRED SHOPPER ACCOUNT
If you include your preferred customer information with your order, you give Choices and the customer account system provider(s) permission to access all data related to your Choices Preferred Shopper account, including your past purchases and points balance.
8. COMMUNICATIONS TO CUSTOMERS REGARDING ORDER STATUS
Choices reserves the right to contact you via your Preferred Communication Method 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. Choices are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.
9. 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.
10. OWNERSHIP OF INTELLECTUAL PROPERTY
Choices or our third party licensors, developers or manufacturers own the copyright to all material on and from the Site. Notwithstanding any other term or condition in the Terms, Choices, or the applicable third party licensors, developers or manufacturers retain ownership to all 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 Choices or the respective copyright owner.
The Site contains many trademarks, trade names, logos, package designs that are either trademarks or service marks of Choices or its suppliers and licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Choices 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 Choices, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Choices or the respective owner.
11. 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 Choices 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. Choices reserves the right to monitor or review material transmitted or posted using the Site and to delete any material that Choices deems inappropriate. However, Choices is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using the Site.
12. RELIANCE
The information, products and services included in or available through the Site may include inaccuracies. Choices 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 an appropriate professional for specific advice for your specific situation.
13. 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 Choices vendors and are not independently verified by Choices. The accuracy of such information is the sole responsibility of the vendors. If vendors change ingredients or product information, Choices 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.
Choices 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.
14. LIMITATION OF LIABILITY
You agree that Choices, its directors, officers, agents, 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 Choices has been advised of the possibility of such damages).
15. INDEMNIFICATION
You shall indemnify and hold harmless Choices 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.
16. TERMINATION
You agree that Choices, 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 Choices believes that you have violated or acted inconsistently with the Terms or applicable laws or regulations. Choices 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 Choices 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 Choices shall not be liable to you or any third party for any termination or restriction of access to the Site.
17. 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 Choices of the linked web site or information contained therein. Choices 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.
18. 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.
19. 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.
20. 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.
21. PRIVACY
Without limiting the generality of the Terms, your use of the Site is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of the Terms. Please carefully review our Privacy Policy. By using the website, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.
1 “Third Party Delivery Company” is an independent contractor and not an employee of Choices that is contracted from time to time for the purpose of providing delivery services to customers of Choices.
2 “Preferred Communication Method” is the means by which you have told us you prefer to be contacted by Choices personnel. This may be by telephone, by SMS-text, by e-mail, through a mobile app or other method.
