01 Definitions
"Order" means a request submitted by you to purchase Products. "Products" means coffee, beverages, merchandise and other goods we offer for sale. "Site" means this website and its subpages. "Content" means all text, images, video, marks and design elements made available on the Site.
02 Eligibility and acceptable use
You must be at least the age of majority in your province of residence, or have the consent of a parent or guardian, to place an Order. You agree not to (a) use the Site for any unlawful purpose; (b) interfere with its operation or security, including by scraping, load testing or introducing malicious code; (c) reproduce Content except as permitted by Section 11; or (d) submit false, misleading or third-party personal information without authority.
03 Formation of contract
Product listings are an invitation to treat, not an offer. Your Order is an offer to purchase which we may accept or decline. A contract of sale is formed only when we send an order confirmation or dispatch the Products, whichever occurs first. We may limit quantities, refuse or cancel any Order — including after confirmation — where there is an evident pricing or description error, suspected fraud or a stock shortage, and will refund amounts already charged.
04 Prices, taxes and payment
Prices are in Canadian dollars and exclude applicable federal and provincial taxes and shipping unless stated. Taxes are calculated at checkout based on the delivery address. Payment is due in full at the time of the Order through our payment processor, and you authorise us to charge the payment method provided.
Prices, promotions and free-shipping thresholds may change at any time and apply to Orders placed after the change. Promotion codes are single-use unless stated, cannot be combined, have no cash value and may be withdrawn at any time. Where a chargeback is raised without first contacting us, we may suspend future Orders pending resolution.
05 Shipping, pickup, title and risk
Delivery windows and shipping estimates are indicative and not guaranteed. Title and risk of loss pass to you on delivery of the Products to the carrier. You are responsible for providing an accurate address and a safe place of delivery; we are not responsible for loss after a carrier records a successful delivery. Store pickup Orders not collected within 7 days may be cancelled and refunded less any restocking cost.
06 Returns, refunds and cancellation
Coffee is a perishable food product. Unopened Products in resalable condition may be returned within 14 days of delivery for a refund of the purchase price, excluding original shipping; return shipping is at your cost unless the return relates to our error. Opened Products, ground-to-order Products and clearance items are not returnable except where required by law.
If Products arrive damaged or incorrect, or with a roast date more than 60 days before delivery, contact us within 7 days of delivery with your Order number and photographs; we will, at our option, replace or refund them in full. Approved refunds are issued to the original payment method within 10 business days. Nothing in this Section limits non-excludable rights you have under the Consumer Protection Act, 2002 (Ontario) or other applicable consumer legislation.
07 Subscriptions and standing orders
Where a recurring or standing Order is offered, you authorise recurring charges at the stated interval until you cancel. You may cancel at any time before the next processing date through your account or by written notice, effective for the following cycle. Prices for future cycles may change on at least 30 days’ notice.
08 Food information and allergens
Product descriptions, tasting notes, caffeine references and nutritional statements are general information. Our Products are prepared in a facility that also handles milk, nuts, sesame, soy and other allergens, and we cannot guarantee the absence of cross-contact. If you have an allergy or intolerance, speak to staff before ordering and rely on the packaging of the Product supplied.
09 Wholesale accounts
Wholesale pricing, minimum volumes, payment terms and delivery arrangements are governed by a separate written wholesale agreement. Where these Terms conflict with a signed wholesale agreement, the wholesale agreement prevails for that account.
10 Franchise information
Information on the Site about opening a BARO store is general marketing information. It is not an offer to sell a franchise and is not a disclosure document. No franchise relationship arises unless and until a franchise agreement is signed and the disclosure requirements of the Arthur Wishart Act (Franchise Disclosure), 2000 (Ontario), and any equivalent legislation applicable to you, have been satisfied.
Operating figures on the Site — service times, footprint, staffing and build-out duration — describe our operating model. They are not a projection, guarantee or representation of the sales, profits or earnings you can expect.
11 Intellectual property and licence
The BARO name, the B mark, packaging, photography, video, copy and site design are owned by or licensed to BARO and protected by copyright and trade-mark law. We grant you a limited, revocable, non-exclusive licence to view and print Content for personal, non-commercial use. All other use — including reproduction, framing, resale, model training or use in another brand’s materials — requires our prior written consent.
If you send us feedback, photographs or reviews, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that material in connection with the Services, with attribution where practicable.
12 Third-party services and links
The Site embeds or links to third-party services, including mapping, payment and social media services, each governed by its own terms and privacy policy. We are not responsible for their content, availability or practices.
13 Disclaimers
Except for warranties that cannot be excluded by law, the Site and Content are provided "as is" and "as available" without warranty of any kind, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, or that menu items, hours, prices, availability or tasting notes shown are current.
14 Limitation of liability and indemnity
To the maximum extent permitted by law, BARO and its directors, officers, employees and agents are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Site or an Order, even if advised of the possibility. Our total aggregate liability arising from an Order is limited to the amount you paid for the Products concerned; where no purchase was made, our aggregate liability is limited to CAD $100.
You agree to indemnify BARO against claims, losses and reasonable legal costs arising from your breach of these Terms or unlawful use of the Site. Nothing in this Section limits liability for fraud, for death or personal injury caused by negligence, or any other liability that cannot be limited by law.
15 Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including supply interruption, carrier failure, labour disruption, utility or network outage, severe weather, fire, epidemic or governmental action. Payment obligations already incurred are not excused.
16 Governing law, venue and limitation period
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. The courts of Ontario have exclusive jurisdiction and you attorn to that jurisdiction, except that either party may seek injunctive relief in any competent court. Any claim must be brought within the limitation period prescribed by the Limitations Act, 2002 (Ontario).
17 General
These Terms, together with any policy referenced in them, are the entire agreement between us regarding the Site and Orders. If a provision is unenforceable it is severed and the remainder continues in force. Our failure to enforce a provision is not a waiver. We may assign these Terms in connection with a corporate transaction; you may not assign them without our consent. Notices to you may be sent to the email address associated with your Order; notices to us go to the address in Section 18.
We may amend these Terms at any time by posting an updated version with a revised effective date. The version in force when your Order is placed governs that Order.
18 Contact
BARO Coffee Co., 1033 Bay St, Unit 9, Toronto, ON M5S 3A5 · hello@barocoffee.co · 647-521-9706.
