PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Cirka Distilleries reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the Cirka Distilleries Website, and you are advised to review the Cirka Distilleries Website regularly for any changes. These Terms and Conditions of Use were last updated on November 01, 2022. In any event, you agree that by accessing and usingCirka Distilleries Website you are bound by these terms and conditions as the same may be changed from time to time.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the "Materials") contained in the Cirka Distilleries Website including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of Cirka Distilleries and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part, without the prior written consent of Cirka Distilleries. You may print, in hard copy, portions of a Cirka Distilleries Website only for the purpose of placing an order with Cirka Distilleries.
TRADE-MARKS
Certain names, words, phrases, logos, marks and designs that appear on Cirka Distilleries Website are official marks, trade-marks or trade-names of Cirka Distilleries in Canada. Cirka Distilleries is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on a Cirka Distilleries Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of Cirka Distilleries. The names of other companies, products and services referred to on a Cirka Distilleries Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of Cirka Distilleries or of third parties without the prior written consent of the applicable party is strictly prohibited.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use the Cirka Distilleries Website and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of a Cirka Distilleries Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the Cirka Distilleries Website illegal, are not authorized to use the Cirka Distilleries Website.
USE AND RESTRICTIONS
You are only permitted to use a Cirka Distilleries Website for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from a Cirka Distilleries Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:
a. take any action that imposes or may impose (to be determined in the Cirka Distilleries’s sole discretion) an unreasonable or disproportionately large load on the Cirka Distilleries’s infrastructure;
b. interfere or attempt to interfere with the proper working of a Cirka Distilleries Website, or any activities conducted on or with a Cirka Distilleries Website;
c. bypass any measures the Cirka Distilleries may use to prevent or restrict access to Cirka Distilleries Website.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on Cirka Distilleries Website, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
OUTBOUND LINKING
Any link, (including hyperlinks, buttons or referral devices of any kind) used on a Cirka Distilleries Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on a Cirka Distilleries Website does not constitute an endorsement, recommendation or certification by Cirka Distilleries, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with Cirka Distilleries.
INDEMNITY
You agree to indemnify, defend and hold Cirka Distilleries harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:
a. your infringement of any Cirka Distilleries or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of a Cirka Distilleries Website;
b. any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, a Cirka Distilleries Website; (ii) use of a Cirka Distilleries Website for any illegal purpose; or (iii) use of a Cirka Distilleries Website to achieve any unauthorized or prohibited access to computer systems and data;
c. your use of a Cirka Distilleries Website; and
d. your breach of any of these Terms and Conditions of Use, the Cirka Distilleries’s Privacy Policy or any rule, regulation, guideline or policy of the Cirka Distilleries as may be established and changed from time to time and posted on the Cirka Distilleries Website.
DISCLAIMERS
YOU UNDERSTAND AND AGREE THAT:
A. USE OF CIRKA DISTILLERIES WEBSITE IS AT YOUR SOLE RISK. THE CIRKA DISTILLERIES WEBSITE IS PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. CIRKA DISTILLERIES DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE CIRKA DISTILLERIES WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CIRKA DISTILLERIES MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CIRKA DISTILLERIES WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON CIRKA DISTILLERIES WEBSITE. CIRKA DISTILLERIES WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
B. THE DOWNLOADING OF MATERIALS FROM A CIRKA DISTILLERIES WEBSITE IS DONE AT YOUR OWN RISK. CIRKA DISTILLERIES DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF CIRKA DISTILLERIES WEBSITE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CIRKA DISTILLERIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF A CIRKA DISTILLERIES WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM A CIRKA DISTILLERIES WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH A Cirka Distilleries Website. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF Cirka Distilleries ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
GOVERNING LAW
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Province of Québec and the laws of Canada applicable therein.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ONLINE ORDER. These Terms and Conditions govern the sale by Cirka Distilleries to you of products through the Cirka Distilleries's website located at www.cirka.ca (the "Cirka Distilleries Website"). Cirka Distilleries reserves the right to change these Terms and Conditions at any time without prior notice by posting changed Terms and Conditions on the Cirka Distilleries Website, and you are advised to review the Cirka Distilleries Website regularly for any changes. These Terms and Conditions of Sale were last updated on November 01, 2022. By placing an order through the Cirka Distilleries Website, you agree to be bound by the Terms and Conditions in effect at the time of such order.
AGE
You must be 18 years of age or older to enter this website and purchase Products. By submitting an order for Products, you represent that you are 18 years of age or older and you are not purchasing Products for anyone who is younger than 18 years of age. When you or your designated alternate person picks up the Products ordered you may be required to present proof that you are 18 years of age or older. Acceptable proof includes a valid driver’s licence, passport or citizenship card.
THIRD PARTIES ACTING ON CIRKA DISTILLERIES BEHALF
Your personal information is provided by Cirka Distilleries to third parties in order to facilitate payment and delivery of Products. Cirka Distilleries only transfers your personal information to third parties who have agreed to comply with appropriate privacy and security standards.
PAYMENT BY CREDIT CARD
Cirka Distilleries uses a payment gateway provider’s server to act as the link between Cirka Distilleries and the Cirka Distilleries’s bank. Cirka Distilleries does not store any credit card information on its systems.
By submitting your order, you represent that you are authorized to use the designated credit card and you authorize Cirka Distilleries to charge your order to that credit card. When entering your billing information during the checkout process, you must enter the billing address associated with your credit card. Cirka Distilleries reserves the right to obtain authorization from the issuer of that credit card and reserves the right to decline to accept any proposed credit card transaction.
PAYMENT BY DIGITAL WALLET
Cirka Distilleries may allow payment to be made by a digital wallet or any other electronic payment system on your mobile or wearable device, tablet, watch or other device that supports the Digital Wallet.
By submitting your order, you represent that you are authorized to use the Digital Wallet.
Cirka Distilleries is not the provider of the Digital Wallet and is not responsible for its use and function. You should contact the Digital Wallet provider’s customer service if you have questions about how to use the Digital Wallet or if you experience problems with the Digital Wallet or your Device. Cirka Distilleries is not responsible for any failure of the Digital Wallet or your Device or your inability to use the Digital Wallet for any transaction. Cirka Distilleries is not responsible for any loss, damage or inconvenience you suffer as a result of (a) Cirka Distilleries refusing to accept the Digital Wallet payment; or (b) any damage to your Device caused by the Digital Wallet.
ORDER QUANTITIES
Cirka Distilleries reserves the right to limit order quantities. Minimum and maximum order quantities as well as order values will be set and changed from time to time by the Cirka Distilleries. Cirka Distilleries may reject an order if it appears you are attempting to circumvent an order limit.
PRICING
Prices quoted on the Cirka Distilleries Website are in Canadian dollars. Prices are subject to change without notice.
Shipping Rates
PLEASE NOTE ASIDE FROM Société des alcools du Québec (SAQ) IT IS ILLEGAL TO SHIP ALCOHOLIC BEVERAGES IN QUÉbec.
For non-alcohol based Products shipping rates vary depending on region and are calculated when your shipping information is entered during the checkout process. Most orders ship within 1-2 business days from the time of the order is placed. Please note that transit times for the delivery method you select do not include order processing time.
Duties and Taxes
Orders shipping to a Canadian address outside of the province of Québec will ship from our Québec location and are subject to GST. Orders shipped within the province of Québec are subject to GST and QST.
Refund Policy
Your satisfaction is very important to us and thus we insure our products & services with satisfaction guarantees. Please contact us for the latest information on your order and our refund policy. If refunds are available for you purchase please prepare your receipt or equivalent proof of purchase.
If you have been wrongly billed or are unclear of the invoice please contact immediately.