Last Updated: June 15, 2024
Welcome to Swiss Chalet! These Terms and Conditions ("Terms") govern your access to and use of the Swiss Chalet website, mobile applications, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Services.
Throughout these Terms, we use certain defined terms:
To access certain features of our Services, you may need to register for an account. When you register, you agree to:
We reserve the right to disable any user account at any time, including if we believe you have violated these Terms or if we believe your account is being used for fraudulent activities.
When you place an order through our Services, you are making an offer to purchase the products you have selected. We reserve the right to accept or reject your order for any reason, including product availability, errors in product or pricing information, or problems with your payment method.
After you place an order, you will receive an order confirmation via email. This confirmation does not mean that your order has been accepted. An order is accepted by us when it is prepared and ready for delivery or pickup.
All prices shown on our Services are in Canadian dollars and do not include applicable taxes, delivery fees, or gratuities, which will be added at checkout. We reserve the right to change prices at any time without prior notice.
We accept various payment methods, including credit cards, debit cards, and other electronic payment methods as indicated during the checkout process. By providing payment information, you represent and warrant that you have the legal right to use the payment method and that the information you supply is accurate.
Delivery is available only in select areas. Delivery times are estimates only and may vary based on factors including weather conditions, traffic, and order volume. We are not responsible for delays in delivery due to circumstances beyond our reasonable control.
We strive to provide accurate product descriptions, images, and pricing information. However, we do not warrant that product descriptions, images, or other content on our Services are accurate, complete, reliable, current, or error-free.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display accurately reflects the color of the products.
In the event of an error in pricing, we reserve the right to correct the error and charge you the correct price or cancel your order and refund any amount you have paid.
Our Services may allow you to post, submit, or transmit User Content, such as reviews, comments, or photos. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
You represent and warrant that:
We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
You agree not to engage in any of the following prohibited activities:
The Services and all content and materials available through the Services, including but not limited to text, graphics, website name, code, images, logos, button icons, scripts, service marks, and trademarks, are the property of Swiss Chalet or its licensors and are protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your personal, non-commercial use, subject to these Terms. You may not:
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
SWISS CHALET DOES NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SWISS CHALET, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Swiss Chalet, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall take place in Toronto, Ontario, and shall be conducted in the English language.
Before commencing arbitration, you and Swiss Chalet agree to make good faith efforts to resolve the dispute informally. If a dispute is not resolved within 30 days of initial notice, either party may commence arbitration.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you have any questions about these Terms, please contact us: