Charmy Pet: Terms and Conditions

This agreement (the “Agreement”) is a contract between you (“you”) and Charmy Box Inc. (“Charmy”, “us”, “we”, “our” or the “Company”) concerning the conditions associated with the ordering and receiving of Charmy pet food, content, or other products (the “Products”) (the “Service”) made available through your use of the website “charmyboxshop.com”, any subdomain and any other platform (including any mobile applications) in relation thereof (the “Website” and together with the Products and the Service). Please read all of the following terms and conditions carefully before using the Service.

 

By accessing the Website, using the Service or selecting “I Agree” upon placing your order through Charmy, you agree to all the terms and conditions stated in the Agreement. If, at any time, you do not or cannot agree to the terms of the Agreement, you must cease using the Service by cancelling your Subscription in the manner described herein.

 

The term “Residents of Québec” refers to residents of Québec who enter into a contract to which the Consumer Protection Act (Québec) applies.

 

Part I – Terms of Sale

 

1.1 The services are offered by way of a subscription (the “Subscription”). When you register for a Subscription, you agree that: (a) Charmy (or a third party payment processor authorized by us) is authorized to charge you credit card for your Subscription, and that we are authorized to charge you until such time that your Subscription is cancelled, (b) should you wish to “skip” a week, “pause”, or cancel your subscription, you must provide us forty-eight (48) hours’ notice in advance of your next billing cycle (billing cycles for monthly subscriptions occur on the 1st and the 15th of each month, billing cycles for the year and half-year subscriptions occur every 12 months and 6 months respectively from the date of purchase), (c) the amount you will be charged per week may change if you modify your plan selection, benefit from a Special Offer or the application of Credits, or if there are changes to applicable taxes or other charges, (d) the purpose of the Service is to provide you with uniquely catered pet food and treats; and (e) to receive promotional information regarding the Service.

 

1.2 All prices are shown in Canadian dollars and include sales tax where applicable.

Our prices include GST/HST where applicable at the following rates:

•  Ontario: 13% HST
• New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island: 15% HST
• Alberta, British Columbia, Manitoba, Northwest Territories, Nunavut, Quebec, Saskatchewan, Yukon: 5% GST
• Our prices include 9.975% QST where applicable in the province of Québec.

1.3 We accept no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise. If such situation would occur, you will receive an error message and the transaction will be denied. Moreover, we may pause your Charmy Account until such time that the payment method has been updated and cleared. Paused accounts shall not relieve you from your obligation to pay any fees owed to us.

1.4 Please consult your Charmy Account for more information on the pricing and features of our different Subscription plans. You acknowledge being bound by the terms and conditions of the Subscription plan you have selected.

Part II - Return Policy

2.1 Charmy proudly provides a Satisfaction guarantee. If you are dissatisfied with any Product you have received in your box, you may return your box within thirty (30) days of receiving your order. We will provide a full refund or a Credit (as defined below) to your Charmy Account for the Products you are not satisfied with. We may require you keep the item or provide photographic documentation of the item you are dissatisfied with.

 

2.2 You are responsible for inspecting items upon their delivery for any damage or other issues including but not limited to the freshness of the Products you receive. Although unlikely, if you have any reason to believe that a Product in your delivery is not suitable for consumption, please contact us immediately at help@charmyboxshop.com.

 

Part III – Eligibility for Use

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Service, or engaged in any activity that could result in suspension or removal from the Service, (c) do not have more than one account to use the Services (a “Charmy Account”), and (d) have full power and authority to enter into the Agreement and in so doing will not violate any other agreement to which you are a party.

 

Part IV - Delivery

 

4.1 We ship nationwide with the exception of Nunavut, the Yukon, and Northwest Territories.

 

4.2 Charmy generally uses third party services for shipping and therefore all Products purchased are made pursuant to a shipment contract whereby the title to and the risk of loss of such products passes to you upon delivery of the products to you. Following the delivery, the condition and consumption of the Products are at your own risk, and you are solely responsible for the proper handling, storage, use and consumption of the Products. Charmy is not responsible or liable for any action(s) or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in custody or control of a third party.

 

4.3 Shipping times and dates are estimates and actuals may vary due to weather conditions and other factors, some of which may be outside of our control. If there are events beyond our control that interfere with our ability to deliver the Products to you on your scheduled delivery day, we will attempt to deliver your Products as soon as possible. In the event that we remain unable to deliver your Products, we will issue you a full refund or a Credit for the purchase price of that delivery. You are responsible for the purchase price of the Products if we are unable to make your delivery at your confirmed address at the specified time due to reasons caused by you.

4.4 We consider the Products delivered when the third-party courier service arrives, and surrenders custody of the Products in accordance with the delivery instructions you have specified in your Charmy Account. We will presume that any individual present at the location specified in the delivery instructions is authorized to receive the delivery on your behalf. If there is no individual present at the location specified in the delivery instructions, we will leave the package unattended at the address or location you have specified. You are responsible for ensuring the clarity and completeness of the delivery instructions provided to us.

 

4.5 You are responsible for inspecting all Products you receive from us for any damage or other issues upon their delivery to you. You are solely responsible for determining the freshness of the Products you receive. Should the Products not be consumable upon their delivery to you, please let us know and we will handle the matter in accordance with our return policy.

 

4.6 You are responsible for the Products as of the moment when the courier gives up custody of the Products in accordance with the instructions in your Charmy Account. 

 

4.7 Upon reception and following inspection of any delivered Products, you are responsible for keeping the food in a cool dark place, as well as following all food safety, safe food handling instructions and food consumption recommendations from the Ontario, Ministry of Agriculture, Food and Rural Affairs, OMAFRA & Canadian Food Inspection Agency (CFIA) to reduce risks of foodborne illnesses.

 

Part V- Special Offers

 

5.1 We may occasionally offer new or existing customers a promotional offer in connection with their use or potential use of the Services or the purchase of Products (each a “Special Offer”). The terms of a Special Offer shall be contained or otherwise transmitted therewith and otherwise governed accordingly. From time to time, a Special Offer may consist of discounted prices for a defined number of months upon the opening of Charmy Account or re-subscribing to a Subscription (a “30% off”).

 

5.2 Should you take advantage of any promotional offer, and such offer ends, you acknowledge and agree that we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of the offer. Instructions for canceling your Subscription are described in herein. Please note that you may not receive a notice from us that your free box special offer has ended or that the fully paid portion of your Subscription has begun.

 

Part VI – Account Credits

 

6.1 As a result of certain situations, we may issue you credits of a promotional value that will be automatically applied to future purchases made by way of your Charmy Account or otherwise applied to your Subscription, as applicable (the “Credits”). Credits, are promotional in nature, are not transferable, may only be redeemed as instructed by us and are not exchangeable for cash or other property.

 

6.2 Credits only remain available if you maintain both an active Charmy Account and an active Subscription. Cancelling your Subscription or Charmy Account will result in the cancellation of your Credits. You may only redeem Credits after they are applied to your Charmy Account. Any decision made by us regarding a dispute as to your Credit balance is final.

 

Part VII  - Termination

 

You may pause or cancel your Charmy Account or your Subscription at any time through the Charmy online portal or by contacting a member of the Charmy Team either via our live chat, by email (help@charmyboxshop.com). The Company also reserves the right to suspend, pause, or end the Service if you are in breach of the Agreement, or for another serious reason.

 

Part VIII – Disclaimer of Warranties; Limitation of Liability

 

8.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

8.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

8.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

8.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

8.5 In no case shall Charmy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Part IX – Indemnification

 

You agree to defend, indemnify, and hold Charmy harmless, its officers, directors, affiliates, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service as well as the Charmy Account in relation therewith.

 

Part X – Amendment 

 

Charmy may amend the Agreement or any section of the Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you through notifications on the website and through existing customer email notifications; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in Charmy’s obligations, give you the right to refuse any amendment and terminate the Agreement without cost, penalty or cancellation indemnity by sending Charmy a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you. Refusing an amendment entails the termination of the Agreement, the automatic deactivation of your Charmy Account and denial of access to the Service.

 

Part XI – General Provisions

 

11.1 The Agreement shall be governed by and construed by the laws of the Province of Ontario, Canada and the laws of Canada applicable therein. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Toronto, Province of Ontario.

 

11.2 The Agreement is the entire and exclusive agreement between Charmy and you regarding the Service, and the Agreement supersedes and replaces any prior agreements between the Charmy and you regarding the Service. Except that the Agreement may be supplemented by the terms of any Special Offer we may make to you.

 

11.3 You shall not assign or otherwise transfer the Agreement or any of its rights or obligations hereunder to any third party without our prior written consent which consent is within our sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under the Agreement. Subject to the foregoing, the Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Charmy shall be allowed to assign the Agreement to any third party without requiring your consent.

 

11.4 Nothing in the Agreement shall constitute a partnership or joint venture between you and the Company.

 

11.5 If a particular provision of the Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from the Agreement and shall not affect the validity of the Agreement as a whole.

 

Contact 

 

If you have any concern, question or complaint regarding the Agreement, please contact us at: Charmy Box Inc. – help@charmyboxshop.com

 

The current Agreement's last update was on July 28, 2021.