Gas Exchange and Subscription Plan
Gas Exchange
Upon placing an order for CO2 gas cylinders (“Cylinders”) you must return used Cylinders to SodaStream Canada Ltd. SodaStream will ship the full capped Cylinders to the address provided by you upon placing the order including a pre-paid mail return label and box for the return of the used Cylinders via email.
For the return of used Cylinders, use the box in which you received the full Cylinders. Place the caps on your used Cylinders and place in the box, attach the enclosed pre-paid return shipping label and attach it to the box. Return options and additional relevant information can be found here. You must return used cylinders to SodaStream for receipt by SodaStream no later than 60 days after the order is placed.
Should you fail to return the used SodaStream Cylinders within such 60 days, SodaStream will charge your credit card $15.00 CAD plus tax for each used Cylinder not returned.
Used Cylinders returned to SodaStream must not be damaged or tampered with in any way. Cylinders that are damaged or that were tampered with will not be accepted.
Cylinders ordered at sodastream.ca are provided pursuant to the User License Agreement that accompanied either the Sparkling Water Maker or Cylinder, that enables you to receive the CO2 gas contents. The Cylinders will remain at all times the sole and exclusive property of SodaStream. You and/or anyone on your behalf will not have and/or claim to have any additional rights with respect to the Cylinders other than the usage rights specifically granted.
CO2 Subscription Service
1. The Terms
1.1 Please read these terms carefully before you submit your order to us. These terms set forth the details of the agreement between you and SodaStream Canada Ltd (“SodaStream”), 5450 Explorer Drive, Suite 202, Mississauga ON, L4W 5N1/ 1300-1969, for the SodaStream CO2 Subscription Service cylinders you selected (the “Subscription Service(s)” or the “Service(s)”). It includes how the terms may change, how the Service may end, and what to do if there is a problem, along with other useful and important information If you think that there is a mistake in these terms, please contact us at: 1-877-436-5866 M-FR 9AM-5PM or by submitting a contact us form by clicking the link here.
1.2 These terms and conditions, together with the Terms of Use of https://sodastream.ca/ (the “Website”) and our Privacy Policy, are available at https://sodastream.ca/pages/legal. All are collectively referred to as the “Terms.” These Terms will form our agreement with you, and the Terms will govern your use of the Service. By choosing to subscribe to the Service you agree to these Terms.
1.3 These Terms will apply in addition to any other terms and conditions applicable to the use of SodaStream cylinders containing the CO2 gas content and the cylinder delivered to you under the selected Service. These Terms do not supersede any other terms and conditions.
1.4 When you place your order for our Subscription Services, you will be required to give us certain personal information, including but not limited to your name, email address, mailing address, and payment information. We may also collect information about your usage of the Subscription Services, such as the pages you visit and the features you use, as well as information about your device and browser. This information and additional information as detailed in our privacy policy is collected to allow us to provide you with the Subscription Services, process your payments, and communicate with you about your account. We may also use this information for analytical purposes and to improve the quality and functionality of our services. By providing this information and/or purchasing and subscribing to our services, you consent to the collection, use, and storage of your personal information as described in our Privacy Policy and it sets forth how we will collect and use your personal information. It is important that you read our Privacy Policy in full.
1.5 We may make changes to these Terms from time to time. The reasons for these changes may include:
1.5.1 a change in permitted payment methods;
1.5.2 a change in delivery process;
1.5.3 a change to applicable law, rules, or regulations;
1.5.4 a change or development to the Service or its operation;
1.5.5 to clarify or further explain Terms.
1.6 Where we make a change to these Terms we will notify you of the change at least 30 days before making a change. You may exercise your right to terminate your Service at any time in accordance with Section 8 of these Terms if you do not agree to the changes. We will post updated versions of the Terms on Website.
1.7 When we use the words "writing" or "written" in these Terms, this includes emails.
2. How to Contact Us- 1-877-436-5866 M-FR 9AM-5PM.
2.1 Further contact details can be found on our Website by clicking the line here.
2.2 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided in your order.
3. The Service
3.1 When you use the Subscription Service, we will provide you with ongoing CO2 in accordance with your order and the Terms. All orders will be shipped to the cylinder delivery address specified by you when you subscribed to the Service. Any person may subscribe to a maximum of two (2) Subscription Services at the same time.
3.2 As part of your initial order you may choose the frequency of the cylinder exchange under the Service in accordance with options set forth on the website on the “product page” (“Shipment Frequency”).
3.3 Cylinders can only be exchanged in quantities equivalent to the number of cylinders received according to the Service. For example, if you received four (4) cylinders in the cylinder order, you must return four (4) cylinders. The initial cylinder order and any subsequent cylinder exchange shall include a Purolator label for the return of either the initial cylinder order or any exchange cylinders.
3.4 After you receive a cylinder order you MUST return all the used cylinders that you have received under your Subscription Service within your Shipment Frequency plus 30 days (which means you have an additional 30 days following the upcoming exchange of cylinders in accordance with your Shipment Frequency). In order to return your used cylinders, Use the caps, return label and box provided to you with the cylinder order.
3.5 You must ensure, upon the used cylinders’ return, that the cylinders are in substantially the same condition as when you received them and in their original packaging with the original tamper proof seal intact. You will not be entitled to exchange cylinders determined by SodaStream to be damaged or tampered with in any way. In that event, SodaStream may at its discretion charge you for such cylinders as if they were missing cylinders according to Section 8.5 below.
3.6 In the event you fail to return all or any part of the used cylinders, we will contact you and ask you to send the missing cylinders. Should you fail to return the missing cylinders within Shipment Frequency plus (30) days as set out in Section 3.4 above, we will charge you for the missing cylinders in accordance with Section 8.5.
3.7 The Subscription Service shall start on the date that the initial cylinder order is placed and finalized, and shall be based on your Shipment Frequency. During the Subscription Service you will be entitled to ongoing CO2 gas supply up to the cylinder limit applicable to your subscription preferences as outlined in My Account. As part of your Subscription Service, you may be able to benefit from promotional offers available at the time you subscribe to your Service or made available to members from time to time.
3.8 The Services shall continue for as long as you adhere to the Terms, including payment, unless the Service was canceled or terminated in accordance with these Terms.
4. Payment
4.1 Your payment will be collected at the time of your order. Subsequent orders will be charged at the time of your next order date. You will be charged on a recurring basis based on your preferred Shipment Frequency as shown on My Account and your preferred method of payment as described in section 4.2 below. The final fee will be determined according to the quantity of cylinders ordered by you and shipped to the address you entered in My Account, under “Shipping address”. The shipping fee will be as displayed on our website. The full payment shall be inclusive of the shipping fee and all applicable taxes.
4.2 Payments can be made by Visa, MasterCard, American Express, and be made in one payment at the time you sign up. You consent to us collecting all fees in connection with the Subscription Service from your selected payment method. You may change your payment method at any time by visiting “My Account”.
4.3 You can cancel your consent as described in section 4.2 above at any time by notifying us or your credit card provider. If you contact your credit card provider to cancel this consent, please notify us. You will remain liable for any amounts due under the Subscription Service and will have to pay us by an alternative method as requested by us.
4.4 Depending on the payment establishment or payment service provider, payment by credit card may require an authorization. In the event SodaStream does not receive such authorization, SodaStream may cancel your Subscription Service and any outstanding order.
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4.6 To ensure that your selected payment method is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process with appropriate third party databases in accordance with Section 8 below and subject to SodaStream Privacy Policy. In performing these checks, personal information provided by you may, in accordance with Section 8 below, be disclosed to a credit bureau or personal information agent that may keep a record of that information.
4.7 No order will be shipped until payment is received or payment has been processed. The data registered by our payment system constitutes full proof of the financial transactions.
4.8 If you fail to pay the fee or any part thereof on the due date and you have not told us that you want to end your subscription, we may make reasonable attempts to contact you to understand why the payment has not been made and when you are able to make it. You will remain responsible for any uncollected amounts. In the event you do not set up a valid payment method within thirty (30) day following our request, SodaStream may terminate your subscription according to these Terms.
5. Orders
5.1 To subscribe to the Service, you must register and create a login for https://sodastream.ca/ and read and agree to the Terms.
5.2 Orders of cylinders take place online through the Website.
5.3 When you place an order, we will send you an order confirmation by e-mail confirming receipt of your order and its details.
5.4 We will notify you in writing once we have shipped your order and the estimated time for delivery.
5.5 To change the shipping address please update in My Account.
5.6 To terminate your Subscription Service (in accordance with the Terms) you must tell us by either calling 1-877-436-5866 M-FR 9AM-5PM or by submitting a contact us form by clicking the here or you can make it by yourself by visiting "My Account”. We will send you an acknowledgement of receipt by email.
5.7 You may make the following changes to your subscription from your “My Account”: The cylinder type; the number of cylinders delivered each time; and the Shipment Frequency of the subscription. Please note that if a subscription order has already been packed for shipment, the changes done will take affect from next scheduled shipment.
5.8 Changes to the subscription noted in sections 5.5-5.7 above and section 6 below, can also be made by contacting one of our customer care agents. The customer care agents can also, at your request, skip or cancel a shipment, change cylinder type, change Shipment Frequency and the amount of cylinders delivered each time on behalf of the customer through Zendesk.
6. Skip
You have the option to skip a subscription shipment if needed by going to "My Account”. The next shipment will be based on your selected Shipment Frequency. For example, a monthly subscription planned for March 10th, can be skipped and the next shipment will be April 10th. You are not allowed to skip more than one time within one Shipment Frequency.
7. Delivery
7.1 SodaStream will provide you cylinders under the Subscription Service subject to receipt of the fee and stock availability and factors beyond SodaStream’s reasonable control.
7.2 SodaStream will not be responsible for late delivery under the Subscription Service, or for not supplying any part of your order if this is caused because you did not give us the information we need to process and fulfil your order. SodaStream and/or companies authorized by SodaStream may contact you by text, telephone and/or email with information regarding your order and delivery in accordance with our "Privacy Policy”.
7.3 We list availability information related to the cylinders on our Website. As we process your order, we will inform you by e-mail as soon as possible if any part of the order is unavailable. You will not be charged for any part of your order that cannot be filled.
7.4 In the event that our stock of cylinders is insufficient for all deliveries to be timely filled because of reasons beyond our control, you agree that SodaStream is entitled to defer delivery. SodaStream will act reasonably and will do its best to fulfill the orders on time.
7.5 Please note that unless otherwise stated on the Website, delivery estimates are not guaranteed delivery times and should not be relied upon as such.
7.6 We will not be held responsible for any delay or failure to comply with our obligations under the Terms if the delay or failure arises from any event or situation which is beyond our reasonable control. If an event of this sort occurs then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. If there is a risk of substantial delay, you may contact us to end your Subscription Service and receive a refund for unfulfilled order amount paid by you from the date you placed your order for any undelivered Services and until the effective time you end your Subscription Service with us. This condition does not affect your right to have the cylinder orders sent to you within a reasonable time.
7.7 You may contact SodaStream’s customer support by calling 1-877-436-5866 M-FR 9AM-5PM or by filling out a “contact us” form by clicking here.
8. Ending your Subscription
8.1 You may terminate your subscription at any time by visiting your personal account (“My Account”.)
8.2 If you terminate your subscription Service under this Section you will remain responsible for any cylinders not returned or pay for the cylinders not returned. Such unreturned cylinders will be considered missing cylinders as stated in Section 8.5 below.
8.3 SodaStream reserves the right to terminate your subscription Service in any of the following events:
8.3.1 your payment method fails according to Section 4.8 above, and you did not make any payment when it is due;
8.3.2 we are not able to validate your personal information and delivery address;
8.3.3 your delivery address changes to an area in which there is no delivery coverage;
8.3.4 you fail to comply with any of the Terms; or
8.3.5 you are engaged in illegal or fraudulent use of the Services.
Upon termination of your Subscription Service for any reason whatsoever, you must return all cylinders in your possession no later than Shipment Frequency plus 30 days following such termination. In order to do so, download a return label from "My Account”.
or contact us at 1-800-763-2258 M-F 9A-7P EST or submit a contact us form by clicking the link here.
8.4 To the extent there are missing or damaged cylinders, or in the event that cylinders are not returned to us in a satisfactory and re-useable condition according to these Terms, you agree to pay us 15.00 CAD for each missing cylinder.
8.5 If a cylinder is not returned in good and usable condition according to Section 3.5 above or it is not returned within the Shipment Frequency (+30 days from the end of the Term) it shall be deemed to be a missing cylinder.
8.6 You agree that SodaStream may at its discretion (which shall not be unreasonably exercised) charge you all amounts that are due and payable under the Subscription Service and these Terms using your selected payment method. Amounts due may include but not limited to missing cylinders.
9. Cylinder Ownership
9.1 The Cylinders are provided to you pursuant to the User License Agreement (the “License Agreement”) that can be found on our website at _________. By placing an Order, you confirm your agreement to the terms of the License Agreement.
Your receipt of the Subscription Service is conditional upon your agreement to the terms of the License Agreement. You hereby acknowledge that the cylinders will remain at all times the sole and exclusive property of SodaStream. You and/or anyone on your behalf will not have a claim to have any additional rights with respect to the cylinders other than the usage rights specifically granted under these Terms.
9.2 For your safety and protection the cylinders shall only be refilled and maintained by SodaStream. You must return your empty cylinders to SodaStream for refill and maintenance. Cylinders serviced by third parties could be extremely risky and may result in bodily injuries. Unauthorized refilling may also violate the law and infringe on SodaStream's rights.
10. Our responsibility for loss or damage suffered by you
10.1 Please see the applicable warranty instructions attached to each of the cylinders. This information is also posted on our website.
10.2 Our warranty for the cylinders will only apply to cylinders refilled by SodaStream and bearing a SodaStream tamper proof valve seal.
10.3 Please see the applicable product literature and warranty documentation that accompanied your SodaStream’s sparkling water maker and the cylinder. This information is also posted on our website.
10.4 To the fullest extent permitted by law, our maximum liability to you, whether in contract, tort (including negligence), civil liability or otherwise, in connection with the Subscription Service, will be limited to the price you actually paid for the last twelve months (12) of the Subscription Period, prior to the loss or damage you suffered.
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12. Miscellaneous
12.1 These Terms form the agreement between you and us. No other person shall have any rights to enforce any of these Terms.
12.2 To the fullest extent permitted by applicable law, these Terms are governed by and shall be construed in accordance with the laws of Ontario, Canada, without reference to conflict of laws principles, and the federal laws of Canada applicable therein, and not the United Nations Convention on Contracts for the International Sale of Goods the application of which is hereby expressly excluded. To the fullest extent permitted by applicable law, we both agree to submit to the non-exclusive jurisdiction of the courts of Ontario, Canada and any courts which have the jurisdiction to hear appeals from them.
12.3 We do not sell products for purchase by children. You must be a resident in Canada and have reached the age of majority in the province or territory in which you reside.
12.4 To find more information about our Service or if you need assistance with your account, please contact us at 1-877-436-5866 M-FR 9AM-5PM or submit a contact us form by clicking here.
12.5 In the event of any conflict between these Terms and information provided by customer support or in other portions of our Website, these Terms will control with respect to the Subscription Service.
12.6 If one or more parts of these Terms are deemed to be unenforceable the remaining parts of these Terms rare not waived and remain in full force and effect.
12.7 If we do not insist immediately that you do anything you are required to do under These, or if we delay in taking steps against you in respect of your breaching these Terms, this will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Any delay by SodaStream in enforcing its rights under the Subscription Service or its rights against you including your responsibility(ies) under the Subscription Service shall not be considered a waiver by SodaStream of its rights.
12.8 We will send you information relating to your account in electronic form only sent to the email address provided during registration or through your account on the Website.
12.9 We reserve the right to transfer our rights or obligations under these Terms to any company, firm or person provided this does not negatively impact your rights under these Terms.
12.10 These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else, and no third party is entitled to benefit under these Terms.
11.11 (For Quebec residents) You acknowledge that you have been provided with a French version of these Terms and have elected to be bound by the English version. Vous reconnaissez avoir reçu une version française des présentes modalités et avoir choisi d’être lié par la version anglaise.
