Terms of service

OVERVIEW

Welcome to Chilly Chiles Wholesale. The terms “we,” “us” and “our” refer to Chilly Chiles Wholesale. Chilly Chiles Wholesale operates this store and website, including its related information, content, features, tools, products and services—the “Services.” Shopify powers our online store and enables us to provide the Services.

These Terms of Service, together with the policies referenced in them, describe your rights and responsibilities when using the Services.

Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using the Services, you agree to these Terms of Service and our Privacy Policy. Our Shipping Policy and Return and Refund Policy also form part of these Terms. If you do not agree, you must not use the Services.

SECTION 1 — ACCESS, APPROVAL AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your province, territory, state or country of residence and that you are authorized to act on behalf of the business associated with your account.

Wholesale pricing and ordering privileges are available only to approved business customers. Submitting an application or creating a customer record does not guarantee approval. We may approve, decline, suspend or close a wholesale account at our discretion.

When using the Services, you may be required to provide information including your name, company information, email address, billing information, payment information, tax information and shipping address. You represent that all information you provide is correct, current and complete and that you have the authority to provide it.

You are responsible for maintaining the security of your account and for all activity conducted through it. You must notify us promptly if you believe your account has been accessed without authorization.

You may not transfer, sell, assign, share or license your account to another person or business without our written permission.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to represent our products accurately. However, colours, packaging and product appearance may differ from what appears on your screen. Manufacturers may also change packaging, formulations, ingredients, nutrition information or product specifications without prior notice.

Product information on the website is provided for general reference. Customers must review the physical product label before using, displaying or reselling a product, particularly when ingredients, allergens or dietary requirements are relevant.

Products intended for resale must be stored and handled appropriately and sold in their original packaging unless Chilly Chiles Wholesale has provided written authorization otherwise. Labels, lot information, best-before dates and safety warnings must not be removed, altered or obscured.

Some products contain concentrated chile pepper extract or exceptionally hot peppers. These products must be handled carefully and sold with all accompanying warnings and instructions intact. Retailers are responsible for making applicable safety information available to their customers.

Please notify us promptly if you become aware of a possible product-safety or quality issue. Customers agree to cooperate with reasonable product withdrawals, recalls or traceability requests.

We do not guarantee that a product’s appearance or quality will match a customer’s subjective expectations or appear exactly as displayed online.

Product descriptions may be changed without notice. We may discontinue products or limit quantities offered to a person, business, geographic region or jurisdiction.

SECTION 3 — ORDERS

Placing an order constitutes an offer to purchase. Chilly Chiles Wholesale may accept, decline, limit or cancel an order at its discretion. An order is not accepted until we confirm its acceptance.

Payment must be received and processed before an order is accepted unless approved payment terms have been assigned to the applicable company location. Customers with payment terms agree to pay all invoices in full by their stated due dates.

Please review your order carefully before submitting it. We may be unable to change or cancel an order after processing has begun. If we decline, change or cancel an order, we will attempt to contact you using the email address, billing address or telephone number supplied with the order.

Returns and exchanges are governed by our Return and Refund Policy.

You represent that purchases are being made on behalf of an approved business for lawful commercial use or resale. You are responsible for complying with applicable laws, regulations, licensing requirements, taxes and resale requirements in every jurisdiction where the products are offered or sold.

Wholesale pricing, product availability, payment terms and ordering privileges may vary according to the company location and catalogue assigned to your account.

SECTION 4 — PRICES, TAXES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price in effect for your approved company account when the order is placed, as shown in the order confirmation.

Wholesale prices are available only when an approved customer signs in and purchases for an authorized company location. Prices visible before approval or sign-in might be standard or retail prices and should not be interpreted as wholesale pricing.

Unless expressly stated otherwise, prices exclude taxes, shipping, handling, customs charges, duties, brokerage fees and other applicable charges.

Prices on this website may differ from prices offered through physical stores, retail websites, marketplaces or third-party sellers.

Promotions may be governed by separate terms. If promotional terms conflict with these Terms, the promotion’s specific terms will apply.

You agree to provide current, complete and accurate account, purchasing, billing, tax and payment information. You must promptly update information that changes so we can complete transactions and contact you when necessary.

If you claim a tax exemption, you are responsible for providing valid documentation before the order is processed. We may collect applicable taxes until acceptable documentation has been received and verified.

When paying by credit card, you represent that the information supplied is accurate, that you are authorized to use the card and that the card issuer will honour the charges.

When approved payment terms apply, you agree to pay all charges by the invoice due date. Overdue accounts may have their payment terms, ordering privileges or access suspended.

SECTION 5 — SHIPPING AND DELIVERY

Orders are shipped according to our Shipping Policy.

Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, severe weather, labour disruptions or other circumstances outside our reasonable control.

Customers are responsible for providing complete and accurate delivery information. Additional costs caused by an incorrect address, refused shipment or unsuccessful delivery may be charged to the customer.

To the extent permitted by law, title and risk of loss pass to the customer when the shipment is transferred to the carrier. Damage, shortages or incorrect products must nevertheless be reported within five business days as described in our Return and Refund Policy.

SECTION 6 — INTELLECTUAL PROPERTY

The Services—including trademarks, brands, text, images, graphics, product reviews, video, audio, software and the design and arrangement of these materials—are owned by Chilly Chiles Wholesale, its affiliates or licensors and are protected by Canadian and international copyright, trademark and other intellectual-property laws.

Approved customers may use the Services for legitimate internal business purposes, including evaluating and ordering products for resale.

You must not reproduce, distribute, modify, republish, download, store, scrape or transmit material from the Services without prior written consent, except for product information or marketing assets that Chilly Chiles Wholesale has expressly supplied or authorized for use in connection with the resale of our products.

Nothing in these Terms grants a licence or other right under any patent, trademark, copyright or other intellectual property belonging to Chilly Chiles Wholesale, Shopify or another party except as expressly stated.

Chilly Chiles Wholesale’s names, logos, product and service names, designs and slogans are trademarks of Chilly Chiles Wholesale or its affiliates or licensors. Shopify’s names, logos, product and service names, designs and slogans are trademarks of Shopify. Other names and marks belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools supplied by third parties that we do not monitor or control.

Access to these tools is provided “as is” and “as available,” without warranties, representations, conditions or endorsement. We are not liable for issues arising from your use of optional third-party tools.

Use of an optional tool is at your own risk and discretion. You should review and accept the terms imposed by the relevant provider before using it.

New tools, resources or features that we make available through the Services will also form part of the Services and be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials, functionality or links provided or operated by third parties. We are not responsible for examining or evaluating the accuracy, content or practices of third-party websites or services.

If you leave the Services to access third-party material, you do so at your own risk.

We are not liable for harm or damages arising from third-party websites or from products, services, resources or content obtained through them. Review the applicable third party’s policies before entering into a transaction. Questions or complaints about third-party products and services should be directed to that third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Chilly Chiles Wholesale is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are directly between you and Chilly Chiles Wholesale.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Chilly Chiles Wholesale, including any injury, damage or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions with Chilly Chiles Wholesale.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled according to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

Because Shopify hosts the Services, Shopify collects and processes certain information about access to and use of the Services. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your province, territory, state or country.

Please review our Privacy Policy for information about how Chilly Chiles Wholesale, Shopify and our service providers collect, use and disclose personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content—collectively, “Feedback”—you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any lawful purpose, including commercial use.

You represent that you own or have the necessary rights to the Feedback, have disclosed any compensation or incentive associated with it and that the Feedback complies with these Terms.

We are not required to keep Feedback confidential, compensate you for Feedback or respond to it.

We may monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene, objectionable or in violation of another party’s rights or these Terms.

Feedback must not infringe copyright, trademark, privacy, personality or other rights; contain unlawful, abusive or obscene material; contain malware; or misrepresent its source. You are responsible for the Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Information within the Services may occasionally contain errors, inaccuracies or omissions concerning product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We may correct errors, update information, change details or cancel an affected order at any time, including after an order has been submitted.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes. You must not use the Services:

• For an unlawful or malicious purpose
• To violate an international, federal, provincial, territorial, state or local law
• To infringe our intellectual-property rights or the rights of others
• To harass, abuse, threaten, defame, intimidate or harm another person
• To transmit false or misleading information
• To send spam, unsolicited promotions or similar solicitations
• To impersonate another person or business
• In a manner that disrupts the Services or exposes Chilly Chiles Wholesale, Shopify or another party to harm or liability

You must not upload malware, interfere with the Services, bypass security or authorization controls, collect personal information without authorization, or reproduce, extract, sell or exploit the Services contrary to these Terms.

Except as expressly permitted under Section 14, you must not use robots, spiders, scraping tools, automated data-extraction tools, AI tools or other automated means to access or interact with the Services.

We may suspend, disable or terminate access if we reasonably determine that these Terms have been violated.

SECTION 14 — AGENTS

This section applies when you use, permit or deploy an autonomous or semi-autonomous software agent—an “Agent”—to access or interact with the Services.

An Agent may access the Services only when it identifies itself and complies with this section. An Agent must stop accessing the Services if we request that it do so.

We may use technical measures to control whether and how Agents access or interact with the Services.

An Agent must:

• Identify itself in HTTP or HTTPS requests by including Agent/[agent name] in its user-agent string
• Not conceal or misrepresent that it is an automated Agent
• Not imitate human behaviour to bypass controls
• Not complete or circumvent CAPTCHAs or similar measures
• Respond truthfully when asked whether an interaction originates from a person or computer
• Not evade measures intended to block, limit or control Agent access

SECTION 15 — TERMINATION

We may terminate these Terms or suspend access to any part of the Services at our discretion. You remain responsible for amounts owing up to and including the termination date.

Sections concerning intellectual property, Feedback, termination, warranty disclaimers, limitation of liability, indemnification, severability, waiver, assignment, governing law, privacy and other provisions that should reasonably survive will remain effective after termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not guarantee its accuracy, completeness or usefulness. Reliance on that information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY CHILLY CHILES WHOLESALE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CHILLY CHILES WHOLESALE AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM THE SERVICES OR PRODUCTS PURCHASED THROUGH THEM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Chilly Chiles Wholesale, Shopify and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party losses, damages, liabilities and claims, including reasonable legal fees, arising from:

• Your breach of these Terms or incorporated policies
• Your violation of a law or another party’s rights
• Your access to or use of the Services
• Your improper handling, relabelling, marketing, resale or distribution of products after delivery

We will notify you of an indemnifiable claim. A delay in notification will not relieve you of your obligations unless the delay materially prejudices your ability to respond.

We may control the defence and settlement of the claim at your expense, including the choice of counsel, but will not agree to a settlement imposing non-monetary obligations on you without your consent, which must not be unreasonably withheld. You agree to reasonably cooperate with the defence.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law. Any unenforceable portion will be severed without affecting the validity of the remaining provisions.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision does not constitute a waiver of that right or provision.

These Terms and the policies or operating rules posted through the Services constitute the entire agreement governing your use of the Services, except for separate written agreements, catalogue terms, payment terms or other arrangements expressly accepted by Chilly Chiles Wholesale and the applicable customer.

They supersede prior or contemporaneous communications and proposals concerning the Services. Ambiguities will not automatically be interpreted against the drafting party.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations without our written consent. An attempted assignment without consent is void.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by law.

SECTION 22 — GOVERNING LAW

These Terms and any separate agreements through which we provide the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.

Subject to applicable law, you and Chilly Chiles Wholesale submit to the jurisdiction of the courts located in Ottawa, Ontario.

SECTION 23 — HEADINGS

Headings are included for convenience and do not limit or affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

The current version of these Terms is available on this page.

We may update or replace portions of these Terms by posting changes to the website. When required by law, we will provide notice of material changes.

Changes become effective on the date stated in the notice or, when no date is stated, when posted. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms should be directed to:

Chilly Chiles Wholesale
2130 Robertson Road
Nepean, Ontario K2H 5Z1
Canada

Email: info@chillychiles.com
Telephone: 613-820-4029