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PEPSI, the Pepsi Globe, SIERRA MIST and CREATED BY US. MADE BY YOU. are trademarks of PepsiCo, Inc. and are used under license.
Terms Of Purchase
Updated March 1, 2021
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 www.sodastream.ca (“Website”).
Please read these Terms of Purchase carefully before placing an order with SodaStream on the Website. By placing an order with SodaStream, you signify your agreement to be bound by these Terms of Purchase.
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, where you have consent from a parent or guardian and your parent or guardian has accepted these Terms of Purchase and agreed to take responsibility for your actions, any charges associated with your orders or purchases, and your acceptance of and compliance with these Terms of Purchase), and can form legally binding contracts under applicable law. By placing an order on our Website, you are confirming that you meet these requirements.
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.
Please review our Returns Policy which is available here and applies to products sold by SodaStream online store.
All payments must be made in full prior to delivery.
The price of our products will be as set out on our Website at the time of your purchase (except in cases of obvious error) All prices on our Website are exclusive of legally applicable taxes, and delivery costs. You will pay those prices plus all shipping and handling charges and all applicable duties and taxes for the products you purchase from our Website Site.
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 canceled, 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).
Delivery costs will be as displayed to you on our Website.
Please note that, unless otherwise stated on the Website, delivery 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 is managed by a third party and we are not responsible for any delays in delivery.
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 a limited, personal licence to use the SodaStream CO2 Cylinders for their intended purpose in your SodaStream product. Refilling an empty Cylinder by third parties could be extremely risky. Unauthorized refilling may violate the law and infringes SodaStream's rights. SodaStream warrants the safety only of Cylinders refilled by it, bearing a SodaStream tamper proof valve seal. 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 sleeves.
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.
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, 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.
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 9 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 rights under applicable consumer protection laws, we provide a two year replacement warranty policy for certain faulty products as per the warranty included with the products you purchased (“SodaStream Warranty”). Under the SodaStream Warranty, if 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. Please see the terms of the warranty provided with your purchase, including how you may exercise your rights under it.
Other than pursuant to the SodaStream Warranty, to the fullest extent permitted by applicable law we make no representations or warranties in relation to the products. In particular. SodaStream warrants only the safety of Cylinders refilled by it, bearing a Soda-Club/SodaStream tamper proof valve seal.
If you are returning products in accordance with your rights under applicable consumer protection laws:
In addition to Quebec, the exclusion of certain warranties is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
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 under Quebec’s Consumer Protection Act (CQLR c P-40.1).
Subject to section 7 and to the fullest extent permitted by applicable laws, our maximum liability to each other, 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.
To the fullest extent permitted by applicable law, 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.
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.
OUR CONTACT DETAILS
Our contact details are found on this link:
SodaStream Canada Ltd.
325A Annagem Blvd.
Mississauga, ON L5T 3A7
Terms last update: June 28, 2021
THIRD PARTY LINKS
INTELLECTUAL PROPERTY RIGHTS
WEBSITE LIMITATION ON USE AND SECURITY
DATA AND PRIVACY
and Sodastream and its providers disclaim any liability regarding such matters to the fullest extent permitted by law.
LIMITATION OF LIABILITY
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.
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).
If for any reason you find yourself unsatisfied with your purchase from SodaStream's online store, you have the opportunity to ship it back to us, provide the merchandise in its original packaging and there is proof of purchase present.
Returns to SodaStream must be from purchases made from the SodaStream Canada on-line shop only. If you purchased your SodaStream product from a retailer or other online retailer, please follow their return/exchange policies
Your original receipt must accompany your returned items(s) to process your refund. Refunds, returns or exchanges will only be accepted from purchases made from SodaStream Canada on line shop. All returned items must be in their original state, and deemed by SodaStream Canada to be undamaged before they can be accepted for a refund.
Merchandise can be returned up to 30 days of delivery purchased from SodaStream Canada on line shop
Exchanges are accepted within 30 days of the delivery from the SodaStream Canada on-line shop only, purchases made from other retailers must follow their return/exchange process. Your original receipt must accompany the returned item(s). Delivery/shipping fees are non-refundable.
Please contact customer service at 1 877 436 5866 or submit a ticket online at www.sodastream.ca for further instructions.
We take great pride in everything we do and are just as disappointed as you if the product you receive is compromised in any way. Please call our Customer Team on 1-877-436-5866 or submit a ticket online at www.sodastream.ca and one of our Customer Team will be happy to offer technical assistance where applicable.
Where your product is faulty, your options may vary depending upon whether or not our replacement warranty policy (“SodaStream Warranty”) is still ongoing.
You may also have the right to cancel an order within certain periods under applicable consumer protection laws. if we do not comply with those laws.
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.
Please keep a copy of your receipt as you will need this for warranty purposes. Otherwise we cannot warranty your machine.
Please see the terms of the warranty provided with your purchase for more information on the SodaStream Warranty, including how you may exercise your rights under it.
Other than pursuant to the SodaStream Warranty, to the fullest extent permitted by applicable law we make no representations or warranties in relation to the products.
Refilling an empty SodaStream CO2 Cylinder by third parties could be extremely risky. SodaStream warrants the safety only of Cylinders refilled by it, bearing a SodaStream tamper proof valve seal.
RECEIVED THE WRONG ITEM?
If you think you’ve received the wrong item or part of your order is missing, then please contact our Customer Service Team on 1-877-436-5866 or submit a ticket online at www.sodastream.ca
Where a wrong item or incomplete order has been sent, we will either send out replacement items or refund you for missing items (as agreed with you).
SODASTREAM - PRIVACY STATEMENT
Notice last updated: July 6, 2021
11. Your rights in relation to your personal data
11.1 Subject to paragraph 11.2, certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have the following rights in this paragraph:
11.1.1 to request that we provide you with a copy of your personal data that we hold and you have the right to be informed of; (a) the source of your personal data; (b) the purposes, legal basis and methods of processing; (c) the data controller's identity; and (d) the entities or categories of entity to whom your personal data may be transferred;
11.1.2 to request that we cease processing your personal data, in whole or in part, as you direct us, for any purpose, save to the extent it is lawful to do so without consent;
11.1.3 to request that we restrict the processing of your personal data where: (a) the accuracy of the personal data is contested; (b) the processing is lawful but you object to the processing of the personal data; (c) we no longer require the personal data for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim;
11.1.4 to request that we erase your personal data in limited circumstances where it is no longer necessary in relation to the purpose(s) for which it was collected or processed;
11.1.5 to challenge processing which we have justified on the basis of a legitimate interest;
11.1.6 to request that we not transfer your personal data to unaffiliated third parties for the purposes of direct marketing or any other purposes;
11.1.7 to request that we change the manner in which we contact you for marketing purposes;
11.1.8 to request that we correct any errors in your personal data;
11.1.9 to request that we update your personal data as required. Note that you may also correct, update or remove certain parts of such personal data by yourself, or completely deactivate your SodaStream account, through your account settings;
11.1.10 to obtain a copy of the safeguards under which your personal data is transferred outside the EU; and
11.1.11 to lodge a complaint with your local supervisory authority for data protection.
11.2 We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
12. Changes to this Privacy Notice
We may update and change this privacy statement from time to time, to keep it up to date with legal requirements and the way we operate our business. Please regularly check these pages for the latest version of this Privacy Notice.
13. Contact information
13.1 If you have any questions about this Privacy Notice or wish to exercise any of your rights as described in paragraph 11, you can contact us at:
email address: email@example.com
We will attempt to resolve any complaints regarding the use of your Personal data in accordance with this Privacy Notice.
13.2 For EU Member State residents, you also have a right to lodge a complaint with your national data protection supervisory authority at any time. However, we encourage you to first contact us.
Notice last updated: July 6, 2021
Our SodaStream website (“website” or “site”) uses various cookies which allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
You do not need to allow cookies to visit most of the website. However, enabling cookies may allow for a more tailored browsing experience and is required for certain parts of the website to work. In the majority of cases, a cookie does not provide us with any of your personal information.
You can change the cookie settings that will be placed when you visit our website by changing the settings on your browser or by visiting the Cookie Preference Centre by clicking on the Cookie Setting at the bottom of this policy.
2. Key concepts
First-party cookies are those set by a website that is being visited by the user at the time (e.g. cookies placed by www.sodastream.co.ca).
Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie.
Persistent cookies are cookies that remain on a user's device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.u
Session cookies these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
3. Changing your cookie settings
You can change your cookie preferences when you visit our website by going to the Cookie Preference Centre by clicking on the Cookie Setting link at the bottom of this policy. You can also block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies), you may not be able to access all or parts of our site.
Please note that internet browsers allow you to change your cookie settings. These settings are usually found in the 'options' or 'preferences' menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the 'Help' option in your internet browser for more details:
4. Your consent
Strictly necessary cookies do not require your consent.
By using our website you provide your consent that we apply on your device performance, functional and targeting cookies, unless you reject the cookies wholly or partially. You can reject consent for cookies by clicking the Cookie Setting link on the banner displayed to you, or set the specific active and non-active cookies on the.
5. Can I withdraw my consent?
If you do not wish to give consent or wish to withdraw your consent to any performance, functionality or targeting cookies at any time, you will need to delete, and block or disable cookies via your browser settings; see below for more information on how to do this or by changing your settings in the Cookie Preference Centre at the Cookies Setting link below. Please note that disabling these cookies will affect the functionality of the website and may prevent you from being able to access certain features on the website.
6. What cookies do we use and why?
We use are "necessary" and "performance" and "functional" and "targeting" cookies:
6.1 Strictly Necessary cookies:
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
We use these Strictly Necessary cookies to identify you as being logged in to the website and to authenticate you, to make sure you connect to the right service on the website when we make any changes to the way it works and for security purposes.
6.2 Performance cookies:
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site and gather information on error messages. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
We use performance cookies to perform web analytics and for error management purposes, by measuring any errors that may occur.
6.3 Functional cookiesThese cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
We use functional cookies to enable us to provide you with enhanced functionality and personalisation. These cookies may be set by third party providers whose services we have added to our pages.
6.4 Targeting cookies:
These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
A cookie or similar technology will exist for different periods of time depending on the purpose of the cookie. For example, a session cookie which enables the website to operate will only exist on your device whilst you browse our website but other cookies will remain on your device for longer such as some functionality cookies which need to stay on your device so that the website can recognise you when you return. For more information about how long a cookie remains on your device, please see the cookie table below.