In addition to the Terms of Use which govern your use of this site, nibblcheese.com (the “Site”), these Terms of Sale govern any order or purchase you (the individual completing this order, “you”) make on the Site operated by Saputo Dairy Products Canada G.P. (also referred to herein and on the Site as “Saputo”) who is the supplier for your order. By proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. If you do not agree to these Terms of Sale, do not proceed with your order. Please print and retain a copy of these Terms of Sale for your records.
This Site is only available for use by Canadian residents having a Canadian mailing address and currently only ships products to certain addresses in Quebec and Ontario.
- Ordering Process
All products on the Site are invitations to purchase and not offers to sell binding on Saputo. Saputo reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order. You will receive online confirmation that your order has been received by Saputo after you place your order on the Site. This online confirmation does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your account. In some instances, you may have the opportunity to pre-order products (such as seasonal or promotional items) on the Site before they are available for sale. When you place a pre-order, your selected method of payment will be authorized, but it will not be charged until the order is processed. Taxes and shipping will apply as of the date of shipping. Delivery will occur after the release date, which is set by Saputo, and is subject to change. Quantities of items available on preorder may be limited.
- Rejection or Cancellation of Orders
There may be certain orders that Saputo must reject before acceptance or cancel after acceptance. Saputo reserves the right at any time after receipt of your order to accept or reject your order for any reason and Saputo will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Saputo rejects the order, Saputo will have no obligation to fulfill your order or liability with respect to such order, and you will have no obligation to pay Saputo for the order. Saputo also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include:
- Limitations on quantities available for purchase;
- Inaccuracies or errors in product or pricing information;
- A product recall on the item that you have purchased; or
- Problems identified by Saputo’s credit and fraud avoidance department.
If an order is cancelled by Saputo after you had already paid for your order, Saputo will reimburse you for any amount charged to you by using the same method used to process your payment; if such cancellation occurs more than sixty (60) days after the order date, Saputo may, instead, elect to issue a cheque or other form of payment to reimburse you. Such reimbursement will constitute your only right or remedy in relation to the order cancellation, and Saputo shall have no further liability or obligation to you in connection with such cancellation.
Saputo may also require additional verifications or information before accepting any order. Saputo will contact you if all or any portion of your order is rejected or if additional information is required to accept your order. Saputo also reserves the right, at its sole and entire discretion, to decline to ship orders to certain addresses or areas.
- Availability and Description of Products
The purchase of products on the Site is subject to availability. In the event that Saputo advises you that any products are no longer available, Saputo will have no obligation to fulfill your order and you will have no obligation to pay Saputo for the order. While the Site attempts to be accurate in its product descriptions, Saputo does not represent or warrant that product descriptions or other content on this Site is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, please contact Saputo’s customer service.
- Price
By confirming your purchase at the end of the checkout process, you agree to pay Saputo the amount set out as the TOTAL in the checkout process, subject to adjustment as described herein (the “Purchase Price”). The TOTAL is quoted in Canadian dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. The Purchase Price will be charged in Canadian dollars to your selected method of payment offered by Saputo at time of shipping. Please note that actual sales taxes are calculated at shipping, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your order Total. In the event that an item is listed at an incorrect price due to an error in pricing, Saputo will have the right, at Saputo’s sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Saputo may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- Quantity limit and sale to resellers
Saputo reserves the right, at its sole discretion, to limit the quantity of products purchased per person, per household or per order, or to require a minimum purchase quantity for certain products. These restrictions may apply to orders placed through the same account, same method of payment, as well as to orders that use the same billing and/or shipping address. Saputo shall inform you if any such limits apply. Saputo also reserves the right, at its sole discretion, to prohibit sale to dealers or resellers.
- Method of Payment
You may pay for your purchase using VISA, MasterCard, AMEX, Apple Pay, Google Pay or Shopify Pay, as available, and you authorize Saputo to charge the applicable method of payment for the Purchase Price and you represent and warrant that you are the cardholder or authorized user of the applicable method of payment. If your card is rejected by the card issuer or payment is rejected by the payment processor, your order will not be shipped and Saputo will have no obligation to fulfill your order. All billing and registration information provided by you to Saputo must be truthful and accurate.
- Shipment
The approximate date of delivery or the delivery time of your order will be indicated at the time of order confirmation. The date of delivery or the delivery time given are estimates only. If possible, the carrier or distributor in charge of delivering you order will attempt to contact you regarding delivery arrangements. Saputo shall have no liability or responsibility for any delays in delivery due to causes beyond its control.
- Returns, Refunds and Exchanges
All sales are final and Saputo will not accept any returns or exchanges. If you order in your personal capacity and not for any business purpose, you may have certain statutory rights to cancel your order under applicable consumer protection laws and Saputo will comply with all such applicable laws. Due to the nature of the products, Saputo will not accept returns or exchanges on orders made online.
- Passwords
You are responsible for the security of any account and password. Saputo shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.
- Privacy
Saputo’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by Saputo’s privacy policy (the “Privacy Policy”). Please review this Privacy Policy and print a copy for your records. Saputo’s transaction processing partner, Shopify, will be entrusted with all information related to your orders, including but not limited to your payment method information, full name and address, phone number, and order details, for order treatment purposes, and for purposes related to our business relationship with you. Information regarding Shopify’s use of information entrusted to it can be found here: https://www.shopify.com/legal/privacy/customers.
- Changes to the Terms of Sale
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Saputo may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Saputo you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.
- Disclaimers of Warranties
To the maximum extent permitted by applicable laws, Saputo disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. Saputo makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.
- Limitations of Liability
To the maximum extent allowed by law, in no event shall Saputo be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you including for damages arising in connection with or relating in any manner whatsoever to: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data. If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Saputo for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction. The above exclusion and limitation of liability shall apply whether or not a claim is in contract, civil liability (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Saputo had been advised or had reasons to know of the possibility of such damages. In this Section 13, reference to “Saputo” means Saputo and its affiliated entities (including Saputo Inc. and any entity controlled, directly or indirectly, by Saputo Inc.) and their respective officers, directors, employees, contractors, mandataries and agents. Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you.
- Applicable Law and Jurisdiction
These Terms of Sale will be governed by the laws of the province of Quebec and the laws of Canada applicable therein. The exclusive jurisdiction for any claim, action or dispute with Saputo or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Quebec, having jurisdiction over the City of Montreal (Quebec), and you agree to specifically exclude any other jurisdiction which may have authority over the same subject matter.
- General
These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the Site and the Privacy Policy constitute the entire agreement between you and Saputo with respect to the use of the Site, including, without limitation, any purchase made by you on the Site and supersede all previous agreements, understandings and representations relating thereto.
If any provision of these Terms of Sale is held to be unenforceable for any reason, all other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of Saputo to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Saputo’s rights with respect to such breach or any subsequent breaches. Saputo shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable shipping delays. You may not assign any of your rights or obligations related to these Terms of Sale to any third party without the prior written consent of Saputo. These Terms of Sale will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Saputo and it successors and assigns. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
- Offers
Pop-Up Giveaway: No purchase necessary. The giveaway is open to Canadian residents only. Must be aged 18+ years old to participate. To register for the giveaway, simply fill out the subscription form to the electronic newsletter pop up. Make sure you enter your exact information and fill in all required fields. Limit of one entry per person. Saputo reserves the right to disqualify any person who submits or who attempts to submit multiple registrations, whether simultaneous or not.
The winner will receive one (1) Nibbl. cheese box (approximative value of $100 CAD). The random draw will be among the newsletter subscribers during the contest period, and will take place on Dec. 27th, 2024. The winner will be contacted via email by info@nibblcheese.com.
SMS 15% Offer: One-time use only. No minumum order required. Discount is applicable on regular priced items only. Discount will be deducted from the price before taxes and is not applicable on shipping fees. This offer is not redeemable for cash or gift cards, nor can it be applied toward previous purchases. Offer cannot be combined with any other offers or promotions and is not applicable on corporate or RE/MAX boxes. Code is valid for 7 days from when it was generated. Offer subject to change or termination at any time, without notice.
10% CA Coupon: One-time use only. No minumum order required. Discount is applicable on regular priced items only. Discount will be deducted from the price before taxes and is not applicable on shipping fees. This offer is not redeemable for cash or gift cards, nor can it be applied toward previous purchases. Offer cannot be combined with any other offers or promotions and is not applicable on corporate or RE/MAX boxes. Code is valid for 3 days from when it was generated. Offer subject to change or termination at any time, without notice.
All Nibbl offers are subject to change or termination at any time, without notice. Not applicable on prior purchases. Cannot be exchanged for cash.
- Digital Gift Card
You may contact our Customer Service at:
Address: 2365 Chemin de la Côte-de-Liesse
Montreal, Quebec H4N 2M7
Email: support@nibblcheese.com
By accepting these Terms of Sale, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not of the age of majority, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Sale. If you are a parent or legal guardian agreeing to these Terms of Sale for the benefit of an individual under the age of majority, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
