WELCOME
0892028 BC Ltd. (hereinafter referred to as “us”, “we” and/or “BIG ORANGE”) is pleased to provide this website (the “Application”) for your commercial use. By using the Application, you agree to be legally bound by the terms set out below, and to comply with all applicable laws and regulations.
We are pleased to offer you certain programs on the Application, namely the BIG ORANGE Online Shop – In-Store Pickup and the BIG ORANGE Online Shop – Delivery to Clients (collectively, the “Programs”) that are also subject to the terms set out below.
IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS BELOW, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APPLICATION OR PARTICIPATE IN THE PROGRAMS.
- TERMS OF USE FOR THE APPLICATION
OUR RIGHT TO CHANGE THESE TERMS OF USE
We reserve the right, in our sole discretion, to modify all or a portion of these terms of use at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these terms of use on the Application by indicating at the top of this page the date these terms of use were last revised. Your continued access to and/or use of the Application after any such changes constitutes your acceptance of, and agreement to be legally bound by, these terms of use as revised. It is your sole responsibility to regularly check the Application to determine if there have been any changes to these terms of use and to review such changes.
APPLICATION ERRORS
We take great pride in the Application and every effort has been made to help ensure that the information contained on the Application is correct. Unfortunately, however, there may sometimes be information on the Application that contains typographical errors, inaccuracies, or omissions – including those that may relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or modify or cancel orders if any information on the Application is inaccurate at any time without prior notice (including after you have submitted your order).
- GENERAL TERMS & CONDITIONS FOR THE PROGRAMS
OUR RIGHT TO CHANGE TERMS & CONDITIONS OF EACH PROGRAM
We reserve the right, in our sole discretion, to modify all or a portion of the terms & conditions of one or more of the Programs at any time without further notice and without incurring any liability or obligation. If we do this, we will post such changes to the terms & conditions on the Application by indicating at the top of this page the date the terms & conditions were last revised. Your continued access to and/or use of the Application after any such changes constitutes your acceptance of, and agreement to be legally bound by, the terms & conditions as revised. It is your sole responsibility to regularly check the Application to determine if there have been any changes to the terms & conditions and to review such changes.
REGISTRATION
In order to place an order through the Programs, you must log into your BIG ORANGE Online Shop Account (the “Account”) on the Application. If you do not have an Account, you can register for one through the Application. When registering for an Account, you agree to provide accurate and current information about yourself as requested and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the Application; 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 are or become. BIG ORANGE 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, or for any delay in shutting down your Account after you have reported a breach of security to us.
VERIFICATION
All orders are subject to verification at any time and for any reason. We reserve the right, in our sole discretion, to require proof of identity: (i) for the purposes of verifying the legitimacy of any order or other information; (ii) for compliance with all applicable laws; or (iii) for any other reason we deem necessary, in our sole discretion, for the purposes of facilitating or fulfilling an order in accordance with the applicable Program terms & conditions.
OUR RIGHTS REGARDING ORDERS
Without limiting the generality of these terms & conditions, we reserve the right to limit or refuse any order you place with us through the Programs. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these terms & conditions. We may, in our sole discretion, limit or cancel quantities purchased per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing address.
COMMUNICATIONS TO CUSTOMERS REGARDING ORDER STATUS
We reserve the right to contact you via your preferred method of communication selected at the time you set up your Account for matters related to your order such as availability of product or to let you know the order is available for pick-up or has been shipped. We are not responsible for inaccuracies or message delivery failures due to unforeseen circumstances or events that are beyond our control.
PLACING AN ORDER AND CHANGES TO YOUR ORDER
By submitting your order through the Application, you agree to (i) receive your all or a portion of your order through our authorized third party fulfilment and delivery providers and pay in full for the selected items included in your order and all applicable taxes, either by credit card or other permitted method, subject to any cancellation of your order; or (ii) pick-up all or a portion of your order from our warehouse and pay in full for the final selection of items included in your order and all applicable taxes, either by credit card or other permitted payment method, subject to any cancellation of your order. In order to complete an order, you may be required to provide certain additional information that is required to process your order. If you do not complete or improperly complete your order, it may not be accepted or acknowledged. We reserve the right to change the permitted methods of payment, including without limitation, the accepted credit cards, at any time.
You may only place an online order if you are over the age of legal majority in the province/territory where you reside. Unless otherwise indicated, all dollar amounts stated are in Canadian Dollars.
Given that we cannot guarantee that all of the products that you ordered through the Application are available at the time of order, and given that your total order cannot be determined until it has been assembled given the weights and cuts of certain products, as applicable, and the prices, discounts and coupons, all of which are validated during the order’s assembly, it is understood that the list and/or catalogue of products available for sale on the Application does not constitute an offer to sell but rather an invitation to place an order. For the same reasons, an order confirmation will not be considered as an acceptance of the offer. The transaction is complete, and the sales contract is formed at the time your order has been assembled and you have completed payment for your order.
ORDER PAYMENT
You will only be charged for the actual items included in your order (including costs based on actual weight of any variable weight items priced by weight, as applicable), less any promotional deductions. If you fail to pay any applicable fees or charges when due, we reserve the right to charge such amount directly to the credit card or other payment method provided by you at the time you submitted your order. You are responsible and liable for any fees, including legal costs and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
PRICING AND AVAILABILITY
Any applicable taxes will be calculated and displayed when completing checkout and prior to submission of your order. All taxes displayed are estimates and the final tax amount will be confirmed based on your final order total. Once you submit your order, the prices of items where applicable, is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price for a particular item. Although we make our best effort to ensure pricing is accurately reflected for each item on the Application, it is always possible that some of the products listed on the Application may be incorrectly priced. In those circumstances, we reserve the right to apply the correct current price to the item at checkout. If you are not satisfied with the current price, you have the right to remove the product from your order.
Please note that we reserve the right to limit your order or the quantity of a particular product you may order.
PRODUCT INFORMATION
We may provide you with recipes, health notices, nutritional and labelling information and other information regarding our products, to enhance your shopping experience. This information is general in nature and does not constitute medical or professional advice. Always consult a certified medical or health professional about the information you find on the Application, or in other materials we may provide prior to purchasing any product, or before you embark on any diet, exercise, or lifestyle change.
Because manufacturers may change information contained on a label without notifying us, we provide information as a guideline only. Always look critically at any information presented to you and always read current labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
We may list the possible countries of origin for many products on the individual product page to the best of our knowledge. Although we strive to maintain accurate information on the country of origin for our products, the country of origin for a particular product may change at any time due to unforeseen circumstances, and in some cases, a country of origin may not be available. If you would like to request information on the actual country of origin for any of the items you are purchasing, please contact our Customer Service.
- SPECIFIC TERMS & CONDITIONS FOR EACH PROGRAM
- BIG ORANGE ONLINE SHOP – WAREHOUSE PICKUP
The following provisions only relate to orders that you submit through the Application that will be picked up from warehouse:
PLACE YOUR BIG ORANGE ONLINE SHOP – WAREHOUSE PICKUP ORDER
You have to select a pickup time slot at checkout. Pickup time slots will be available from the earliest two days from the time you place the order to 14 days later.
CHANGES TO YOUR BIG ORANGE ONLINE SHOP – WAREHOUSE ORDER
For BIG ORANGE Online Shop – Warehouse Pickup orders, you may cancel your order via the Application or through Customer Service up until twenty-four (24) hours prior to the latest pick-up time on the date selected (“Cut-off Time”). You will not be able to request a refund if you attempt to cancel your order after the Cut-off Time and no modifications will be allowed after the Cut-off Time.
For more detailed information in respect of refunds and returns of your BIG ORANGE Online Shop – Warehouse Pickup orders, please refer to the BIG ORANGE Online Shop – Return and Refund Policy.
PICKING UP YOUR BIG ORANGE ONLINE SHOP – WAREHOUSE PICKUP ORDER
You must pick-up your order during the timeslot you selected at the time of placing the order (“Order Pick-up”). We reserve the right to verify to our satisfaction the identity of any person seeking to pick up an order whether for themselves, or purportedly for another.. Although we will make every effort to have your order ready for your pick-up during your selected timeslot, please note that we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
Orders cannot be picked up prior to the beginning of the timeslot selected. If you arrive after your selected timeslot to collect the order, we cannot guarantee your order will still be available for pick-up. Please call Customer Service if you have arrived later than your order pick-up time. The pick-up location, in its sole discretion, may hold your order and make it available to you past your pick-up time, subject to these terms.
- BIG ORANGE ONLINE SHOP – DELIVERY TO CLIENTS
The following provisions only relate to orders that you submit through the Application that will be delivered by our authorized third party fulfilment and delivery providers:
CHANGES TO YOUR BIG ORANGE ONLINE SHOP – DELIVERY TO CLIENTS ORDER
You may cancel your [BIG ORANGE Online Shop – Delivery to Clients] order in the Application under “My Account” within 1 hour after the order is placed. Otherwise, you may apply for a refund in the Application under “My Account” within 14 business days after you received the order.
For more detailed information in respect of refunds and returns of your BIG ORANGE Online Shop – Delivery to Clients orders, please refer to the BIG ORANGE Online Shop – Return and Refund Policy.
BIG ORANGE reserves the right to charge a shipping fee for BIG ORANGE Online Shop – Delivery to Clients orders at its discretion. Fees may vary by delivery address, date and time. BIG ORANGE reserves the right to require a minimum order value before an order may be submitted. BIG ORANGE may at any time, in its sole and unfettered discretion, waive any minimum order requirements.
RECEIVING YOUR BIG ORANGE ONLINE SHOP – DELIVERY TO CLIENTS ORDER
Your [BIG ORANGE Online Shop – Delivery to Clients] order will be delivered by our authorized third party fulfilment and delivery providers. You may either have your order delivered to your designated address or an eligible office of such fulfilment and delivery provider that is close to you.
Although we and our authorized third party fulfilment and delivery providers will make every effort to have your order delivered within the indicated time frame when ordering, please note that we will not be liable if your order is delivered outside of the indicated time frame.
REFUNDS FOR BIG ORANGE ONLINE SHOP – DELIVERY TO HOME ORDERS
If you experience any quality issue with eligible item(s) in your order, you may return the product by contacting Customer Service within 14 days of receiving your order, and they will assist you with processing your return, subject to the BIG ORANGE Online Shop Return and Refund Policy. If your refund request is approved, we will send you an email notification and a credit memo will be issued to you to apply to your next order. Applicable return fees and eligible item(s) are set out in the BIG ORANGE Online Shop – Return and Refund Policy.
D.GENERAL TERMS APPLICABLE TO THE APPLICATION AND THE PROGRAMS
SAFE SHOPPING
Your safe and secure online shopping experience is our top priority. As such, we routinely monitor the Application for suspicious activity. However, the transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise on or within the Application, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide on or through the Application be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.
OUR RIGHT TO DISCONTINUE OR MODIFY THE APPLICATION AND PROGRAMS
You acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of: (i) the Application, including any products offered thereon; and (ii) the Programs, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modification(s) or discontinuance.
USE OF APPLICATION AND OWNERSHIP OF INTELLECTUAL PROPERTY
This Application contains many valuable trademarks (“Trademarks”), names, package designs, copyrighted works and other proprietary materials that are owned by BIG ORANGE, licensed to BIG ORANGE, or otherwise provided by a third party to BIG ORANGE (collectively “Proprietary Materials”). Notwithstanding any other term or condition in this document, BIG ORANGE, or the applicable third party, retains ownership of all Proprietary Materials in, on, and from this Application. All Proprietary Materials are protected by Canadian and international intellectual property laws.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right to use, copy or reproduce any of the Trademarks. Therefore, the use, copying or reproduction of the Trademarks for any reason without the express prior written permission of BIG ORANGE is strictly prohibited. All rights reserved.
You are prohibited from using this Application 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. BIG ORANGE may from time to time monitor or review material transmitted or posted using this Application and reserves the right to delete any material we deem inappropriate. However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this Application.
DISCLAIMER
Your use of this Application, material from this Application and the Programs is at your own risk.
To the extent permitted by the applicable law, neither Big Orange, any of its agents, nor any other party involved in creating, producing, or delivering this Application or the Programs are liable for any damages whatsoever arising out of your access to, or use of, this Application, any material from this Application, any products offered on this Application or the Programs. Without limiting the foregoing, this Application, the material provided on this Application, the products offered on this Application and the Programs, are provided “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APPLICATION ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE APPLICATION IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Big Orange MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE APPLICATION WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE APPLICATION WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APPLICATION WILL BE SECURE; (V) THE USE OF THE APPLICATION WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APPLICATION WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
Big Orange WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE APPLICATION OR THE PROGRAMS. YOU EXPRESSLY ACKNOWLEDGE THAT Big Orange HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE APPLICATION AND THE PROGRAMS AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Big Orange. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
TERMINATION
If you breach any provision of these terms we may decide that you are no longer eligible to participate in one or more of the Programs or to use the Application. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Application, the Programs or any part thereof, any of their features, or any products offered on the Application or through the Programs, at any time, for any reason, without any notice or liability to you or any other entity. If your permission to use the Application or the Programs is terminated by us for any reason, the agreement formed by your acceptance of these terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Application or the Programs and anything relating to or arising from such use. If you are dissatisfied with the Application, the Programs or with these terms, then your sole and exclusive remedy is to discontinue using the Application, the Programs or both.
MATERIAL ERRORS, TECHNICAL PROBLEMS OR FRAUD
We reserve the right to withdraw or temporarily change or suspend all or part of the Application or the Programs in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Application or the Programs as set out in these terms. Any attempt to deliberately damage the Application or the Programs or to undermine the legitimate operation of the Application or the Programs in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
LINKS: Big Orange has not reviewed any or all of the sites that may be linked to this Application and is not responsible for any sites linked to this Application. Your linking to any sites from this Application is at your own risk. By linking to a site or permitting a link to this Application, Big Orange does not endorse the site operator or the content of the linked site.
IDEA SUBMISSION/USE OF INFORMATION
Big Orange does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to Big Orange, you agree that the idea becomes and remains the sole and exclusive property of Big Orange without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favor of Big Orange.
If you respond to Big Orange with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of Big Orange, and your submission of information shall constitute an assignment to Big Orange of all worldwide rights, titles, and interests in such information. Big Orange will not be liable for any use or disclosure of such information. Big Orange will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. BIG ORANGE will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
BIG ORANGE welcomes your comments and suggestions on this Application and products, but BIG ORANGE does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its sites, products or any new products. By submitting information, you warrant that BIG ORANGE may publish such information, use it as part of its operations, and incorporate its concepts in BIG ORANGE products without liability or compensation to you.
SEVERED PROVISIONS AND ENTIRE AGREEMENT
If any provision of these terms is unenforceable, that provision shall be deemed severed from this document and shall not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between the parties relating to the subject matter.
PRIVACY
Without limiting the generality of these terms, your use of the Application is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this document. Please carefully review our Privacy Policy. By using the Application, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy.
APPLICABLE LAW
For all Canadian residents (excluding Quebec), to the extent permitted by the applicable law, you agree that the laws of the Province of British Columbia, Canada govern any use of this Application and the Programs, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this Application, material from this Application or the Programs. The courts of the Province of British Columbia shall have exclusive jurisdiction over all claims.