Terms of service

TERMS OF SERVICE
----
OVERVIEW

This website is operated by Mary's Muffins Canada Inc. dba Mary's Muffins. Throughout the site, the terms “we”, “us” and “our” refer to Mary's Muffins. Mary's Muffins offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site/store and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our money back guarantee only according to our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - MUFFIN PERKS

Muffin Perks is a rewards program (the "Program") offered by Mary's Muffins under these terms and conditions. The Program gives you the opportunity to earn and redeem Muffin Perks points and rewards via our website. Membership is free, and you do not have to create an account to earn points. To participate, you must be a Canadian resident, 14 years of age or older, and must obtain the consent of your parent or legal guardian if you are under the age of majority in the province or territory in which you reside, and such consent is a requirement in the jurisdiction of your residence. To participate in the Program, you will need to use the same email address for each order you place via our website. The methods for participating in the Program may change from time to time.

To earn points, you can:

• sign up for our email newsletter to receive information about points promotions, and/or,
• Create an account on our website, and/or
• Provide your email address when making a purchase on our website.

Muffin Perks points, offers and other services and programs are offered by Mary's Muffins, and may be offered to all Program members or any group of the Program members, as decided by us. Any offer may be time limited, and may contain additional terms and conditions, which will apply in addition to these Terms and Conditions. Each offer is only valid once, unless expressly stated otherwise in the terms of the offer. We may limit quantities of products on which a single Program member may earn Muffin Perks points. For example, we may make an offer of additional Muffin Perks points on the purchase of a particular product, and state that a Program member may only earn Muffin Perks points for a single purchase of that product, or for a purchase of any other number we specify. Without limiting our right to cancel your account in accordance with these Terms and Conditions, if you earn Muffin Perks points in a manner not permitted by these Terms and Conditions, we may deem, in our sole discretion, any such Muffin Perks points to be invalid and cancel them, which will result in the removal of such Muffin Perks points from your Account.

To redeem points, you must create and log into your account on our website, and redeem your points for a promotional code to be used during your next purchase via our website. To “redeem” means to use your Muffin Perks points promotional code to pay, or partially pay, for eligible purchases on our website using the checkout process provided by the site. You can redeem the Muffin Perks points you earn for eligible purchases (other than exclusions listed below), or for any other purposes of which we may advise you from time to time.

Muffin Perks points have no cash value and are not exchangeable for cash. Except as permitted from time to time by Mary's Muffins, Muffin Perks points cannot be assigned, exchanged, purchased or given by gift. Muffin Perks points cannot be sold, traded, bartered, rented or otherwise disposed of. Muffin Perks points are void if sold for cash or any other consideration.

The maximum value of Muffin Perks points that you can redeem in one transaction is $60.00, or such higher amount as may be set by us from time to time.

On occasion, we, or others acting with our permission, may offer you redemption offers in certain stores or websites, or for particular products or services, such as an increase in the value of Muffin Perks points or a lower minimum redemption amount. There may be additional applicable terms and conditions that accompany such offers.

Muffin Perks points have an expiration date which is 1 year from the date your most recent Muffin Perks points are earned, or from the date of your most recent redemption. 

SECTION 13 - WHOLESALE TERMS AND CONDITIONS

Businesses wishing to purchase our products at wholesale prices and/or for resale purposes may apply via our website for a wholesaler account, and may purchase products only via the private link provided to you at the time of approval of your wholesale account.

If you represent a business under this definition, you and your business agree to the following wholesale Terms and Conditions.

Wholesale prices will be listed on the private wholesale order page, a link for which will be provided to you upon our approval of your wholesale account. These prices are subject to change in accordance with the general terms and conditions outlined elsewhere on this page. You are required to keep this link confidential and you may not share it with any other individuals or businesses, excepting where those parties are directly representing and placing an order for your business.

Your unique wholesaler discount code will be provided to you upon our approval of your wholesale account. You may not share this discount code with any other individuals or businesses, excepting where those parties are directly representing and placing an order for your business.

Payment is due when you place your order, unless we’ve worked out a different arrangement.

Deliveries & Responsibilities: We’ll ship your Products from our bakery to your location. Delivery fees will be billed based on the Delivery Policy available on our website.

Upon receiving your delivery, you must immediately inspect the products to confirm they are frozen, in good condition, and match your order. This inspection ensures any issues are addressed promptly.

If there’s an issue with the delivery (e.g., thawing or misdelivery), let us know within 24 hours. Include photos with your notice so we can work together to make things right. Any Products delivered will be considered in compliance with the order unless we receive written notice from you within 24 hours of delivery.

Non-refundable purchases: All Products are non-refundable unless there’s been a delivery error or we’ve authorized their destruction due to thawing in compliance with this Agreement.

Suggested retail prices: We recommend the retail prices that are listed on our website, as may be updated from time to time. You are welcome to set your own prices, so long as they are not lower than the prices on our website, unless agreed to in writing for the purposes of promotions and special offers.

Display and Storage: All MM Products must be displayed and stored according to the guidelines provided in these terms. Improper storage, thawing, or sale outside these guidelines (e.g., expired muffins or muffins sold without appropriate signage) will be considered a breach of this Agreement.

Keep our muffins frozen at or below -18°C (0°F). 

The best before date on Flash Frozen products is 10 months from the date of production. These dates will be printed on the bottom of the packages.

If separating packages to be sold at ambient temperature, thawed muffins must be enjoyed (i.e. consumed or sold) within 48 hours. Any unsold thawed muffins must be responsibly discarded in compliance with food safety regulations.

As the wholesaler, it’s your responsibility to comply with all food safety and labelling regulations. We will supply packaging with compliant labels, and compliant signage for muffins sold individually. 

Spoiled Products must be discarded responsibly in accordance with local waste management regulations.

Inventory Management and Consumer Safety: To keep everything fresh and delightful for our shared customers:

• You agree to rotate the inventory of our products using a first-in, first-out system. This ensures the muffins your customers buy are always at their best.
• If any of our products remain unsold after ten (10) months from the production date printed on the packaging, you agree to dispose of them appropriately.
• In the rare event of a customer concern or incident involving our products, like a food safety issue, we ask that you let us know right away so we can address it quickly; Fully cooperate in any investigations or recalls we might need to carry out; in the unlikely event of a recall, agree to follow our instructions to ensure customer safety. We’ll replace or refund recalled products as needed.

Using Our Brand: All trademarks, logos, and materials we provide are the property of Mary’s Muffins. You’re welcome to use these materials to promote our products but please don’t modify or share them without permission.

Our Products are meant to be sold in their original packaging, or if removed from their packaging then on a food-safe counter with signage indicating they are a product of Mary’s Muffins. We will provide compliant signage.

Quality You Can Count On: Mary’s Muffins guarantees our Products meet our high standards when they arrive. Any Products delivered to you are considered accepted and in compliance unless we receive written notice within 24 hours of delivery. If there’s a mistake on our part, we’ll work with you to replace or refund the affected Products, or issue a credit towards a future order. 

If a muffin doesn’t meet your expectations after this time frame, our liability is limited to the price of the affected Products. We will happily address concerns regarding the quality or craftsmanship of our products by offering replacements or refunds, as appropriate.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

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

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. 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. In no case shall Mary's Muffins, 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.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mary's Muffins and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us 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 this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, 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 19 - 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 Ontario, Canada.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@marysmuffins.com.