Terms of service
OVERVIEW
Welcome to Sublime Alcohol-Free. The terms “we,” “us,” and “our” refer to Sublime Alcohol-Free and Sophisticated Alcohol Free Ltd., as applicable.
Sublime Alcohol-Free is the customer-facing storefront and trade name of Sophisticated Alcohol Free Ltd., a Newfoundland and Labrador corporation. Sublimeaf.ca is owned and operated by Sophisticated Alcohol Free Ltd.
Sophisticated Alcohol Free Ltd. owns and operates this store and website under the customer-facing storefront and trade name Sublime Alcohol-Free, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Sublime Alcohol-Free is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein, describe your rights and responsibilities when you use the Services. These terms and conditions are referred to as these “Terms of Service” or “Terms.”
Please read these Terms of Service carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, purchasing from, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, which can be viewed at https://sublimeaf.ca/pages/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, state, or territory of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your name, email address, phone number, billing information, payment information, and shipping information.
You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Sublime Alcohol-Free sells non-alcoholic, alcohol-free, dealcoholized, and alcohol-removed beverages through our online store and pickup location. Product pages identify whether each beverage is 0.0% ABV or contains less than 0.5% alcohol by volume, where applicable.
Some products sold through the Services may resemble alcoholic beverages or may be intended as alcohol-free alternatives to wine, sparkling wine, cocktails, spirits, aperitifs, or similar beverages. Customers are responsible for reviewing the product title, description, ingredients, size, and ABV information before purchasing.
We have made every effort to provide an accurate representation of our products and services in our online store. However, colours, packaging, labels, and product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance, quality, taste, packaging, or characteristics of any products or services purchased by you will meet your expectations or be exactly the same as depicted or described in our online store.
All product descriptions, pricing, availability, and other product information are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Sublime Alcohol-Free reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Sublime Alcohol-Free confirms acceptance.
We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, shipping address, and/or phone number provided at the time the order was made.
Your purchases are subject to return, replacement, refund, or exchange solely in accordance with our Refund Policy, which can be viewed at https://sublimeaf.ca/policies/refund-policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless we have agreed otherwise in writing.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, import charges, or other fees.
Prices posted in our online store may be different from prices offered in physical locations, at events, through third-party retailers, or in other stores operated by third parties. We may offer promotions from time to time that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, billing, shipping, and account information for all purchases made through the Services. You agree to promptly update your account and other information, including your email address, phone number, billing address, shipping address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honoured by your credit card company, bank, or payment provider; and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING, PICKUP, AND DELIVERY
We currently ship within Canada and offer local pickup at our customer-facing storefront and pickup location. Additional shipping and pickup information can be viewed at https://sublimeaf.ca/pages/shipping-pickup-info.
Shipping rates, estimated delivery timelines, local pickup availability, and free shipping thresholds may vary by destination, order value, product weight, carrier, and other factors. Shipping costs and available shipping methods are displayed at checkout where applicable.
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, customs processing, payment processing, incorrect customer information, holidays, peak shipping periods, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you to the fullest extent permitted by applicable law. Customers are responsible for providing accurate and complete shipping information at checkout.
If you select local pickup, you are responsible for picking up your order during the posted pickup hours and following any pickup instructions provided by us.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, brands, text, displays, images, graphics, product reviews, video, audio, layout, design, selection, and arrangement, are owned by Sublime Alcohol-Free, Sophisticated Alcohol Free Ltd., our affiliates, licensors, suppliers, or service providers, and are protected by applicable Canadian, international, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent, except as expressly permitted by these Terms or applicable law.
Except as expressly provided in these Terms, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, trade secret, or other intellectual property of Sublime Alcohol-Free, Sophisticated Alcohol Free Ltd., Shopify, or any third party.
Unauthorized use of the Services may violate intellectual property laws or other applicable laws. All rights not expressly granted are reserved.
The names, logos, product names, service names, designs, and slogans of Sublime Alcohol-Free and Sophisticated Alcohol Free Ltd. are trademarks, trade names, or branding owned or used by us or our affiliates or licensors. You must not use such trademarks, trade names, or branding without our prior written permission.
Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may also offer new features, tools, or resources through the Services in the future. Such new features, tools, and resources shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials, links, or functionality provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, policies, practices, or availability of third-party materials, websites, tools, or services.
If you decide to leave the Services to access third-party materials, websites, tools, or services, you do so at your own risk.
We are not liable for any harm, loss, or damages related to your access to any third-party websites, tools, or services, or your purchase or use of any products, services, resources, or content available through third-party websites, tools, or services.
Please review third-party policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Sublime Alcohol-Free is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Sublime Alcohol-Free and Sophisticated Alcohol Free Ltd., not with Shopify.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sublime Alcohol-Free or Sophisticated Alcohol Free Ltd., including any injury, damage, or loss resulting from purchased products or services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sublime Alcohol-Free or Sophisticated Alcohol Free Ltd.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at https://sublimeaf.ca/pages/privacy-policy. Certain personal information may also be subject to Shopify’s Privacy Policy and the privacy policies of other third-party service providers that help us operate the Services.
By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and other third parties that may be located in countries other than where you reside in order to provide services to you.
Please review our Privacy Policy at https://sublimeaf.ca/pages/privacy-policy for more information about how we, Shopify, and our partners collect, use, disclose, and protect your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photographs, videos, or other content to us or through the Services, collectively referred to as “Feedback,” you grant us a perpetual, worldwide, sublicensable, transferable, royalty-free license to use, reproduce, modify, publish, distribute, display, adapt, translate, and create derivative works from such Feedback in any medium for any purpose, including commercial, marketing, operational, and promotional purposes.
We may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback you provide; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms and all applicable laws.
We are under no obligation to: (i) maintain your Feedback in confidence; (ii) pay compensation for your Feedback; or (iii) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, misleading, infringing, or otherwise objectionable, or that violates any party’s rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, obscene, misleading, or malicious content, or any computer virus or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, product titles, ABV information, ingredients, pricing, promotions, offers, shipping charges, shipping timelines, pickup availability, product availability, or other information.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on or through the Services is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information on or through the Services except as required by law.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any international, federal, provincial, territorial, state, or local laws, regulations, rules, or ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees, representatives, customers, users, or any other person;
(e) to transmit false, misleading, or inaccurate information;
(f) to submit or transmit any material that does not comply with these Terms;
(g) to send or facilitate any advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
(h) to impersonate or attempt to impersonate any other person or entity;
(i) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;
(j) to upload or transmit viruses, malware, or any other type of malicious code;
(k) to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission;
(l) to collect or track the personal information of others;
(m) to spam, phish, pharm, pretext, spider, crawl, scrape, or use automated means to access the Services without our authorization; or
(n) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm Sublime Alcohol-Free, Sophisticated Alcohol Free Ltd., Shopify, users of the Services, or any third party, or expose any of them to liability.
We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of the Services, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, reliability, availability, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Except as expressly stated by Sublime Alcohol-Free or Sophisticated Alcohol Free Ltd., the Services and all products offered through the Services are provided “as is” and “as available,” 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.
We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, accurate, complete, or error-free.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so some of the above disclaimers may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no case shall Sublime Alcohol-Free, Sophisticated Alcohol Free Ltd., Shopify, or any of our or their respective partners, directors, officers, employees, affiliates, agents, contractors, service providers, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, or any similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product.
This limitation applies, without limitation, 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 Services or any content or product posted, transmitted, sold, or otherwise made available through the Services, even if advised of their possibility.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sublime Alcohol-Free, Sophisticated Alcohol Free Ltd., Shopify, and our and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, suppliers, and service providers from any losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable legal fees, payable to any third party due to or arising out of:
(1) your breach of these Terms of Service or the documents they incorporate by reference;
(2) your violation of any law or the rights of a third party;
(3) your access to or use of the Services;
(4) your Feedback; or
(5) your purchase, use, misuse, resale, or distribution of any product purchased through the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents and information.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Any such attempt will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the applicable laws of Canada.
You and Sublime Alcohol-Free and Sophisticated Alcohol Free Ltd. agree that any dispute, claim, or proceeding arising out of or relating to these Terms, the Services, or any purchase made through the Services shall be brought before the courts of competent jurisdiction in Newfoundland and Labrador, Canada, unless applicable law requires otherwise.
SECTION 22 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms where required by applicable law, and such changes will be effective on the date specified in the notice or, if no date is specified, when posted.
Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at cheers@sublimeaf.ca.
Customer service, storefront, and pickup location:
Sublime Alcohol-Free
7 Navigator Avenue
St. John’s, Newfoundland and Labrador A1A 0R5
Canada
Email: cheers@sublimeaf.ca
Phone: (709) 753-0272
Registered and mailing address:
Sophisticated Alcohol Free Ltd.
233A Main Street, P.O. Box 29 Site 1 RR 1
Clarke’s Beach, Newfoundland and Labrador A0A 1W0
Canada
Sublime Alcohol-Free is the customer-facing storefront and trade name of Sophisticated Alcohol Free Ltd. Sublimeaf.ca is owned and operated by Sophisticated Alcohol Free Ltd.