Terms and Conditions
Terms Of Purchase
Updated March 30, 2022
These terms and conditions of purchase ("Terms of Purchase") govern the sale of products by SodaStream Canada Ltd. ("SodaStream", "we", "us" and "our") to you through the SodaStream Canada website at sodastream.ca ("Website”).
1. OUR CONTRACT
The sale of articles through this Web Page is carried out by SodaStream Canada Ltd, a Canadian company with registered offices at 325A Annagem Blvd., Mississauga, registered in Ontario, and with telephone 1-877-436-5866 and e-mail email@example.com.
The advertisements on our Website are invitations for purchase offers, and are not offers to sell. Your order is an offer to SodaStream to buy the product(s) in your order. When you place an order to purchase a product from SodaStream, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order. It does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we dispatch the product to you. Your contract is with SodaStream.
These Terms of Purchase only apply to products which you buy directly from the Website. They do not apply to any SodaStream products you buy from a third party such as a retailer or other distributor. These third parties will have their own terms of sale which apply to your purchase.
You may only purchase products from our Website if you are over the age of majority in your jurisdiction of residence, or, if you are under the age of majority in the location from which you are using or accessing the Website, you have consent from a parent or guardian. By placing an order on our Website, you are confirming that you meet these requirements.
At sodastream.ca you can make a purchase as a GUEST or create a Customer Account. Account creation is very simple; we will only ask for the necessary information to speed up the purchase process. You will always have at your disposal the information of your order by logging into your account if you are a registered customer.
The images of the products on our Website are for illustrative purposes only. Although the products will materially conform to their description on the relevant product information page(s), they may differ in appearance from the images.
3. PRICING AND AVAILABILITY
All payments must be made in full prior to delivery.
All prices on our Website do not include legally applicable sales taxes and/or delivery costs.
Despite our efforts, it is always possible that some of the products may be priced incorrectly on our Website. We will normally check prices as part of our dispatch procedures so that, where the products' correct price is less than our stated price, we will charge the lower amount when dispatching the products to you. If the products' correct price is higher than the price stated on our Website, and the error could reasonably have been recognized by you as mispricing (for example, it was too good to be true), we reserve the right to reject or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your payment card charged, and we do not have to provide the products to you. If your payment card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your payment card account in the amount of the charge.
We list estimated availability information for products sold by us on our Website on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Such estimated availability information does not constitute a guarantee that the relevant products are available. As we process your order, we will inform you by phone or e-mail as soon as possible if any products you order turn out to be unavailable, and you will not be charged for those products (or, if you have already made payment, we will refund you the full amount).
Please note that we reserve the right not to accept an order and to cancel one for any reason (other than availability), such as: the billing information was not approved, is not accurate or not verifiable, our system security didn’t confirm the order, we could not deliver to the address given by you etc.
4. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our Website, policies, and terms and conditions, including these Terms of Purchase, at any time. We will publish changes on our Website. You will be subject to the Terms of Purchase and any other policies in force (displayed on our Website) at the time that you place your order for products from us and order will act as an acceptance of such policies, unless any change to those terms and conditions, policies or these Terms of Purchase is required to be made by law or government authority (in which case it may in this situation only apply to orders previously placed by you).
If any section of these Terms of Purchase is deemed invalid, void, or for any reason unenforceable, that section will be deemed severable and will not affect the validity and enforceability of any remaining section.
Delivery costs will be as displayed to you on our Website.
We do not ship to PO Boxes or APOs.
Please note that, unless otherwise stated on the Website, delivery time estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. Whilst we will endeavour to ensure that products are delivered as soon as possible, delivery may be managed by a third party and we are not responsible for any delays in delivery that are outside of our control. We will make reasonable endeavour to inform you of such delays.
7. TITLE AND RISK AND USER LICENSE TERMS
Title and risk in the products you order, other than our SodaStream CO2 Cylinders, transfers to you upon the completion of delivery. Our SodaStream CO2 Cylinders remain the property of SodaStream or related affiliates of SodaStream at all times and are provided to you under licence. Please see our Cylinder Exchange Information page for further details about returning and exchanging empty SodaStream CO2 Cylinders and the User License of the SodaStream CO2 Cylinders printed on the sleeve thereof and in the user manual.
8. APPLICABLE LAW
These Terms of Purchase are governed by and construed in accordance with the laws of Ontario, Canada, and not the United Nations Convention on Contracts for the International Sale of Goods the application of which is hereby expressly excluded. 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.
9. SODASTREAM WARRANTY
Consumers in Quebec, Canada: Quebec’s Consumer Protection Act (CQLR c P-40.1) provides you with certain rights, including warranties as to acceptable quality, safety, durability, accurate description and against hidden defects. Nothing in this section is intended to limit or replace any of your rights under the Consumer Protection Act (CQLR c P-40.1). and to the extent that it is prohibited by law, the exclusion hereunder does not apply to Quebec consumers. The exclusion set out below will otherwise apply to the fullest extent permitted by applicable law in Quebec.
In addition to and without limiting your mandatories rights under applicable consumer regulations and law, we provide a limited warranty, (for Sparkling Water Makers purchased directly from the Website), that your Sparkling Water Maker will be free of defects in materials and workmanship under normal home use for 2 (two) years following the date of purchase (“SodaStream Warranty”).
Usually we deliver all items purchased in one order at the same time, but we reserve the right to split the delivery in certain events (e.g. if some items are unavailable). Of course, you won’t be charged for any additional delivery costs
If the SodaStream Warranty is ongoing and your product is deemed faulty we are happy to replace the item with an equivalent model or, if the item you purchased is no longer available, with another item which offers substantially the same functionality. No refunds shall be given.
Other than pursuant to the SodaStream Warranty and to the fullest extent permitted by applicable law and regulations, we make no representations or warranties in relation to the products.
Please visit our help centre and see the terms of SodaStream’s limited warranty provided with your purchase and for more information on the SodaStream Warranty, including how you may exercise your rights under it.
Consumers in Quebec, Canada: Nothing in this section 10 will limit SodaStream’s or its providers’ liability with respect to the consequences of their own acts or the acts of their representatives, which is prohibited Quebec’s Consumer Protection Act (CQLR c P-40.1.).
Subject to sections 8-10 above and to the fullest extent permitted by applicable laws, applies and provides otherwise, our maximum liability to you, whether in contract, tort (including negligence) or otherwise, in connection with any purchase by you from our Website, will be limited to the price you paid for the relevant products.
Except to the fullest extent the applicable law applies and provides otherwise, SodaStream will not be liable in any circumstances for any indirect, special, or consequential loss (including loss of use, loss of profit or loss of revenue) arising in connection with any purchase by you from our Website.
In addition to Quebec, the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
If you breach these Terms of Purchase and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Purchase.
12. FORCE MAJEURE
We are not liable for any failure or delay in the performance of our obligations resulting from causes beyond our reasonable control, including acts of God, strikes of our own employees and other unexpected interruptions.
13. DATA AND PRIVACY
OUR CONTACT DETAILS
Our contact details are found on this link:
SodaStream Canada Ltd.
325A Annagem Blvd.
Mississauga, ON L5T 3A7
Terms last update: February 17, 2022
THIRD PARTY LINKS
1. Our Website may contain links to other internet websites, over which we have no control and in respect of which we make no representations or warranties. You acknowledge and agree that we are not liable in any way for the information or material on any linked website(s).
INTELLECTUAL PROPERTY RIGHTS
2. All title, right and interest (including intellectual property rights) in the content on our Website remains the sole property of SodaStream or its licensors.
SodaStream™, the SodaStream logo, and other SodaStream trademarks appearing on our Website, are registered and unregistered trademarks and trade names owned by SodaStream or licensed to SodaStream. Other product and company names and logos appearing on our Website may be registered or unregistered trade names or trademarks of their respective owners. Any use of the trade names, trademarks or logos displayed on our Website is strictly prohibited.
4. You may download or copy a reasonable amount of the content on our Website solely for your own personal use, provided that you must maintain all copyright and other notices on that content.
WEBSITE LIMITATION ON USE AND SECURITY
5. You must not, and must not allow any other person to on your behalf, violate or attempt to violate any aspect of the security of our Website.
6. You agree that you will not modify, reverse engineer, disassemble, decompile, or copy any software used on our Website, and that you will not allow any other person to do so on your behalf.
DATA AND PRIVACY
8. We may add new features to our Website, remove existing features from our Website, or otherwise modify our Website and its content (including their functionality, “look-and-feel”, universal resource locators and software components), all without notice to you.
(a) use any robot, spider, script, scraper, or other automatic device, process or means to access our Website for any purpose, including to monitor, extract, download. Retrieve. index mine scrape or copy any of the material, contents or information on our Website;
(b) use our Website in any manner that could damage, disable, overburden, or impair our Website or interfere with any other party’s use and enjoyment of our Website;
(c) engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
(d) impersonate others, including a SodaStream employee or representative, or other members or visitors to our Website; or
(e) upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or which way constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.
10. You use our Website at your own risk. Our Website is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind (whether express, implied or statutory), including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of SodaStream and its service providers hereby disclaim to the fullest extent permitted by applicable law.
11. The operation of our Website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
12. Neither SodaStream nor its service providers make any representation or warranty that:
(a) our Website will be compatible with your computer or mobile device and related equipment and software;
(b) our Website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
(c) the information available on or through our Website will be accurate, complete, sequential or timely;
(d) certain or any results may be obtained through the use of our Website;
(e) the use of our Website, including the browsing and downloading of any information will be free of viruses, Trojan horses, worms or other destructive or disruptive components; or
(f) the use of our Website will not infringe the rights (including intellectual property rights) of any person;
and SodaStream and its providers disclaim any liability regarding such matter to the fullest extent permitted by law.
13. Applicable law may not allow limitations or exclusions on warranties, in which case, some of the limitations set out above may not apply to you and they only will apply to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
14. To the fullest extent permitted by applicable laws, SodaStream and its officers, directors, employees and representatives will not be liable to you or any third party for any indirect, special, consequential or incidental damages, lost profits, lost data, business interruption or other damages arising directly or indirectly from your use of (or your inability to use) our Website, including your use or reliance on any information or other content contained on our Website; any inaccuracy or omission in any information or other content contained on our Website, or your use of or reliance on third-party websites linked to our Website.
15. To the fullest extent permitted by applicable laws, you release SodaStream and its officers, directors, employees and representatives from all claims, actions, liabilities and damages of any kind relating to it arising from your access to and use of (or your inability to access and use) our Website or the information or other content contained on our Website.
16. Applicable law may not allow limitations or exclusions of liability, in which case, some of the limitations set out above may not apply to you and they only will apply to the fullest extent permitted by applicable law.
THIS RETURNS POLICY IS ISSUED BY SODASTREAM CANADA LTD. ("SODASTREAM", "WE", "US" AND "OUR"). AT SODASTREAM, WE UNDERSTAND THAT THERE MAY BE A TIME WHERE YOU NEED TO RETURN A PURCHASE FROM US AND WE WANT TO MAKE THE RETURNS PROCESS AS SIMPLE AND EASY AS POSSIBLE FOR YOU.
1. PROOF OF PURCHASE
If you contact us to exercise one of your rights under this Returns Policy, we will ask you to provide satisfactory proof that you made the purchase from SodaStream on our Canadian website (www.sodastream.ca) (“Website”).
We will accept the following proof of purchase documents:
We may also accept financial statements such as a credit card statement or a bank statement (however, when the proof of purchase does not clearly itemise the goods, more than one type of proof of purchase may be required).
2. CHANGE OF MIND RETURNS
If for any reason you find yourself unsatisfied with your purchase from SodaStream's Website, you have the opportunity to ship it back to us, provided all the following conditions are met (Cumulatively):
- 1) Refunds, exchanges or returns to SodaStream must be from purchases made from the SodaStream Website only. If you purchased your SodaStream product from a retailer or other online retailer, please follow their return/exchange policies;
- 2) Your original receipt must accompany your returned items(s) or a sufficient proof of purchase, in line with our Returns Policy, and as mentioned above.
- 3) All returned items must be new, in their original state, equipped with all original pieces, not used, and deemed by SodaStream Canada to be undamaged before they can be accepted.
- 4) Unless otherwise stated by SodaStream (under these terms or on the Website), You are entitled to return/exchange the purchased products within 30 days from the day on which you or a third party (other than the carrier) indicated by you, acquired material possession of the good(s). Please note that some goods in sealed packaging cannot be returned after the package has been opened due to health protection or for hygiene reasons, if the package has been opened after delivery.
For practical information on how to return, see the Returns & Cancellations section of the Website. Please contact customer service at 1-877-436-5866 or submit a ticket online at sodastream.ca for further instructions
You may request to cancel any order free of charge and without giving us any reason provided it has not yet been packed for shipment. We begin processing orders placed at our online store very quickly. To request a cancellation contact our customer care. You will receive confirmation if they are successful in cancelling your order prior to shipment. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with our Return Policy.
4. FAULTY ITEMS, SODASTREAM WARRANTY
We take great pride in everything we do and are just as disappointed as you if the product you receive is compromised in anyway. Please contact our Customer Service Team at 1-877-436-5866 or submit a ticket online at sodastream.ca and one of our customer team will be happy to offer assistance with your issue.
Where your product is faulty, your options may vary depending upon whether or not our Warranty Policy (“SodaStream Warranty”) or your statutory rights are still ongoing.