Legal & Policies

1. Acceptance of Terms

By accessing, browsing, or using the Aronia's Gift website (the "Site"), mobile applications, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing the Services. These Terms constitute a legally binding agreement between you and Aronia's Gift ("Company," "we," "us," or "our").

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

2. Eligibility and Account Responsibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use our Services. By using the Services, you represent and warrant that you have the legal capacity to enter into a binding agreement.

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

3. Products and Health Disclaimer

IMPORTANT HEALTH DISCLAIMER: The products sold through our Services are food products intended for general dietary consumption. They are NOT intended to diagnose, treat, cure, or prevent any disease or medical condition. Any statements regarding the health benefits of aronia berries or our products have not been evaluated by Health Canada, the Food and Drug Administration (FDA), or any other regulatory authority.

You should consult with a qualified healthcare professional before using any dietary supplement or making significant changes to your diet, especially if you are pregnant, nursing, taking medications, or have any medical condition. Individual results may vary, and past results do not guarantee future outcomes.

By purchasing our products, you acknowledge that you are doing so at your own risk and that Aronia's Gift makes no medical claims whatsoever. We disclaim all liability for any adverse reactions, health complications, or other consequences that may arise from the use of our products.

4. Product Information and Accuracy

We endeavor to display our products and their descriptions as accurately as possible. However, we do not warrant that product descriptions, photographs, pricing, nutritional information, or other content on the Site is accurate, complete, reliable, current, or error-free. Colors and appearances may vary due to monitor settings and photographic limitations.

Product formulations, packaging, and availability may change without notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price. All prices are displayed in Canadian Dollars (CAD) unless otherwise specified.

5. Orders, Payments, and Order Acceptance

Your placement of an order constitutes an offer to purchase and does not guarantee acceptance. We reserve the absolute right to accept, decline, or cancel any order at our sole discretion, for any reason, including but not limited to: product availability, errors in product or pricing information, suspected fraud, or concerns about order legitimacy.

Payment is processed through secure third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method. We are not responsible for any fees charged by your bank or payment provider. All payments are non-refundable except as expressly stated in our refund policy.

We reserve the right to limit order quantities and to refuse service to any person for any lawful reason.

6. Shipping, Delivery, and Risk of Loss

Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, natural disasters, pandemics, or any circumstances beyond our reasonable control.

Risk of loss and title for products purchased pass to you upon delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages once they have been transferred to the carrier, though we will work with you in good faith to resolve such issues where possible.

It is your responsibility to provide accurate shipping information. We are not responsible for orders shipped to incorrect addresses provided by you.

7. Returns, Refunds, and Cancellations

Due to the perishable nature of food products and health and safety regulations, all sales are generally final. Returns are only accepted for products that arrive damaged, defective, or materially different from what was ordered.

To request a return or refund, you must contact us within seven (7) days of receiving your order with photographic evidence of the issue. Refunds, if approved, will be processed to the original payment method within a reasonable timeframe. Shipping costs are non-refundable unless the error was ours.

We reserve the right to refuse returns or refunds if we determine, in our sole discretion, that the claim is fraudulent, abusive, or inconsistent with our policies.

8. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, images, audio, video, software, and the compilation thereof, is the exclusive property of Aronia's Gift or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any content without our express written consent.

The Aronia's Gift name, logo, and all related names, logos, product names, and service names are trademarks of Aronia's Gift. You may not use these marks without our prior written permission.

9. User Conduct and Prohibited Activities

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use any automated system, including robots, spiders, or scrapers, to access the Services
• Transmit any viruses, malware, or other harmful code
• Harass, abuse, or harm another person or entity
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any fraudulent activity, including placing orders with invalid payment information
• Resell our products without prior written authorization
• Collect or store personal data about other users without their consent

10. Third-Party Services and Links

Our Services may integrate with or contain links to third-party websites, services, or content, including but not limited to payment processors, shipping carriers, authentication providers, and product suppliers. These third-party services have their own terms and privacy policies, and we have no control over and assume no responsibility for their content, practices, or availability.

Your use of third-party services is at your own risk. We are not liable for any loss or damage arising from your interactions with third parties, including any disputes regarding payments, deliveries, or data handling.

11. Supplier and Partner Relationships

We source our products from third-party suppliers and manufacturers. While we select our partners carefully and believe in the quality of their products, we do not manufacture the products ourselves and cannot guarantee or warrant the actions, products, or services of our suppliers.

Any claims, representations, or information about products made by suppliers or displayed on their behalf are the responsibility of those suppliers. We disclaim all liability for any inaccuracies in supplier-provided information or any issues arising from supplier products or services.

12. Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY PRODUCTS WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR RESULTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARONIA'S GIFT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Services
• Any products purchased through the Services
• Any conduct or content of any third party
• Any unauthorized access to or alteration of your data
• Any other matter relating to the Services

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Indemnification

You agree to defend, indemnify, and hold harmless Aronia's Gift and its directors, officers, employees, agents, partners, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any claim that your use of the Services caused damage to a third party
• Your products or services if you are a distributor or reseller

This defense and indemnification obligation will survive termination of these Terms and your use of the Services.

15. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the ADR Institute of Canada.

The arbitration shall take place in Toronto, Ontario, Canada, and shall be conducted in English. The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, and waive any objection to venue in such courts.

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, epidemics, strikes, labor disputes, transportation disruptions, supply chain interruptions, or failures of third-party services.

18. Severability and Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Aronia's Gift regarding the use of the Services and supersede all prior agreements, representations, and understandings.

20. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

Aronia's Gift
Email: support@aroniasgift.com
Alternative Email: seasonscolour@gmail.com

We will respond to inquiries within a reasonable timeframe.