Latest update: September 12, 2024

STIMOLANTI TERMS AND CONDITIONS OF USE

1.     INTRODUCTION

Benvenuto at STIMOLANTI! 

Please read these Terms and Conditions of Use carefully before accessing or browsing our Website or purchasing our coffee.

13420965 Canada Inc. doing business under the name “STIMOLANTI”, is a company that offers its customers an Espresso type coffee, using beans of the highest quality standards, passionately roasted according to ancestral Italian methods.

Our cafe is further detailed via our “Site”, www.dosetimolanti.ca which is accessible via a web browser (the “Site”).

If you are an entity other than a natural person, the natural person visiting or using our “Site” must have the authority to bind the entity. In this context, the terms “User”, “you” and “your” refer both to the entity and to each natural person authorized to visit or use our “Site” on behalf of that entity.

By accessing or browsing the “Site” or purchasing our coffee, you agree to be bound by these terms of use (the “Terms and Conditions of Use”) and by our Privacy Policy, which forms an integral part of the Terms and conditions of Use by reference. By accessing or using the Site and in order to provide you with access to our café, you understand that we collect and use certain information about you, including your personal information as defined in and in accordance with our Privacy Policy. Please take the time to read it, as it contains important details about how we collect and process your personal information.

THESE TERMS and CONDITIONS OF USE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND STIMOLANTI INC. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE “SITE” IMMEDIATELY AND DO NOT ACCESS, BROWSE OR USE THE “SITE” OR OUR CAFÉ.

We may update or revise our Terms and Conditions of Use from time to time. Changes will be effective immediately upon posting on the “Site” and will apply to all future access to or use of the “Site” and consumption of our coffee. You agree to periodically review these Terms and Conditions of Use for such modifications. YOUR CONTINUED USE OF THE “SITE” OR CONSUMPTION OF OUR COFFEE FOLLOWING THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES MADE HEREIN. The date of the last update is indicated in the heading at the beginning of these Terms and Conditions of Use. We reserve the right to send you an e-mail or post a pop-up notice on this “Site” if changes are made to these Terms of Use.

2.     Access and limitations

You must be at least eighteen (18) years of age, and/or have parental consent, to visit or use our “Site” and to purchase our coffee. By accessing or using this “Site”, you declare that you are at least eighteen (18) years of age, and/or have parental consent and are able to provide us with such proof in writing upon request. We will not be liable for any misrepresentation of your age.

We assume no liability under applicable laws to your location outside of Quebec governing access to our “Site” and the consumption of our coffee. We provide our “Site” and our coffee in accordance with Quebec law and regulations. Should you suffer any loss, damage or other inconvenience as a result of consuming our coffee, please be advised that we disclaim all liability under laws applicable outside Quebec.

If you are a physical entity, we grant you permission to access and use our “Site” and to consume our coffee solely for your personal and business use. If you are an entity other than a physical person, we grant you permission to access and use our “Site” and to consume our coffee for your company's internal purposes.  In all cases, you must use the “Site” and consume our coffee in accordance with these Terms and Conditions of Use.

Any physical person or entity other than a physical person, who accesses and uses this "Site" and consumes our coffee undertakes to respect the recommendations issued by Health Canada as to the limit of caffeine per day to be consumed per individual and according to his/her age. Any individual or entity other than an individual consuming or offering our coffee agrees to hold STIMOLANTI harmless from any liability related to non-compliance therewith.

E.g: Health Canada recommends a daily intake limit of 45 mg for children aged 4 to 6, 62.5 mg for children aged 7 to 9, 85 mg for children aged 10 to 12 and for the general population of healthy adults, a daily intake not exceeding 400 mg.

We reserve the right to terminate your customer account, which is created solely for internal administrative purposes at STIMOLANTI, if your use of the “Site” or consumption of our coffee is in violation of these Terms and Conditions of Use.

In addition, we may withdraw, suspend or discontinue any functionality of the “Site” or products for any reason, including if our “Site” is affected by an unforeseeable and irresistible event or event beyond our control. Certain technical or security threats or problems may require us to suspend access to the “Site” or products. We are not responsible for any inconvenience or damage this may cause you if this happens, but if it does and is possible, we will give you prior notice and take commercially reasonable steps to minimize the disruption of access to the “Site” or products.

By consuming our coffee, you consent to STIMOLANTI using as an individual (i) your first name and first letter of your last name, as an entity (ii) your organization name (iii) your comments for promotional purposes via social networks (iv) to be contacted by email and/or SMS so that we can (v) inform you of our various promotions. You may withdraw all or part of your consent at any time. To do so, please notify us in writing at dose@stimolanti.ca.

3.     Purchasing through our « Site »

The STIMOLANTI Barista team attempts to be as accurate as possible regarding all information pertaining to our coffee and contained on our “Site”. However, we do not guarantee accuracy or reliability and you therefore acknowledge and agree that the purchase of our coffee is at your own risk.

A.   Purchase

Prices are quoted in Canadian dollars and are subject to change without notice;

The price associated with your subscription will be consistent with that of the “Site” and/or adjusted at the time of your annual renewal;

The price associated with your subscription will be consistent with that of the “Site” and/or adjusted at the time of your annual renewal;

The price does not include applicable taxes, if any;

Promotions are subject to change without notice;

It is not possible to combine two promotions;

So that our Barista team can prepare your order, full payment is required.

B.    Subscription

When you subscribe to this service, our Barista team will send you repeated deliveries according to your pre-selected terms,

At any time, 48 business hours prior to your next delivery, you can change the terms of your order or choose to unsubscribe.

C.   Terms of payment

You agree to pay the fees associated with the purchase you have chosen to make;

We accept several payment platforms as indicated in the “Shopping cart” section. These payment methods are subject to change without notice;

Online payments are processed by our third-party partners, and we do not retain any sensitive financial information regarding a payment completed through one of them.

 In order to finalize your online payment, you will be redirected to a secure platform and the terms and conditions of use of these third-party partners will apply to any such payment.

WE ARE NOT RESPONSIBLE FOR FLUCTUATIONS IN PROCESSING FEES CHARGED BY YOUR PAYMENT PROVIDER OR FINANCIAL INSTITUTION.

FURTHER, WE CANNOT BE HELD RESPONSIBLE FOR ANY PROBLEMS CAUSED BY THE MALFUNCTION OR UNAVAILABILITY OF THE “SITE” OF ANY OF THESE THIRD-PARTY PARTNERS. IN THE EVENT OF ANY PROBLEM WITH THE “SITE” OR THE SERVICES OF ANY OF THESE THIRD-PARTY PARTNERS, YOU MUST CONTACT THEM DIRECTLY.

D.   Delivery

Our Barista team will ship your order within 48 business hours;

Via one of these two carriers; Canada Post, UPS;

Depending on your location, delivery times may vary;

We are not responsible for shipping or delivery delays;

Title and risk of loss are transferred to you upon delivery,

We cannot be held responsible for incomplete deliveries due to inaccurate or incomplete information provided,

For orders under $50.00, you will be charged a $2.99 fee;

Additional shipping charges may apply:

• To certain Canadian provinces other than Quebec and Ontario

• Depending on other criteria such as weight, volume, size, etc,

In all transparency, these charges will be visible and displayed in your “Shopping Cart”;

E.     Cancellation of orders

Our Barista team can cancel your order within 48 working hours, prior to delivery;

Simply contact us in writing at: dose@stimolanti.ca.

F.     Dissatisfaction/Refund Policy;

In fulfillment of our Barista team's promise;

Provide you with a coffee that lives up to your expectations and unleashes your full potential;

If you are not completely satisfied with our coffee or if you would like to report any issues, concerns, worries or anything else regarding our “Site” or our coffee, please contact us in writing at: dose@stimolanti.ca, or by phone at 1-819-279-8124;

In the event of a report, our Barista team will investigate and, with your consent, we will contact you to gather additional details;

Subsequent to your purchase, within 30 days, STIMOLANTI may, at its discretion, but without obligation, offer you a refund, which will be made within 30 days, or identify other solutions to meet your expectations.

4.     Acceptable use of the “Site”

Use of the “Site” is subject to all applicable provincial and federal laws and regulations. You agree not to use the “Site” for any unlawful purpose or any other purpose prohibited by applicable law or under this Section 4. In particular, you agree not to use the “Site” in any manner whatsoever to:

a.     Promote or engage in illegal activities or abuse, including unsolicited advertising and junk e-mail;

b.     Promote, upload, publish or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, defamatory, discriminatory (including, without limitation, on the basis of race, gender, religion, nationality, disability, sexual orientation, or any other protected group) or that incites violence, hatred, or discrimination against protected groups;

c.     Upload, publish or otherwise make available any material that contains viruses or other malicious software;

d.     Use any malicious software to access and/or collect any data about any User of the “Site” or illegally collect any information about others;

e.     Upload, download or otherwise publish or make available any material that infringes the intellectual property rights of STIMOLANTI or any other person, including material that infringes any patent, trademark, trade secret or copyright. You agree that you are solely responsible for any damages resulting from any infringement of STIMOLANTI's or any third party's intellectual property;

f.      Make any false representation, including impersonating any person or entity or falsely stating your affiliation with any person or entity;

g.     Commit or attempt to commit fraud;

h.     Engage in any activity that interferes with or disrupts the use of the “Site”, including circumventing any measures we may use to prevent unauthorized access to the “Site” or taking any action that could damage or affect the performance or proper operation of the “Site” or access by other Users;

i.      Engage in any activity that attempts to extract any proprietary software used to maintain the “Site”;

j.      Attempt to decipher, compile or reverse engineer or do anything similar to provide this “Site” and its proposed products or pass off another web “Site” as this one;

k.     Use the “Site” for any purpose not expressly permitted by these Terms and Conditions of use or in any manner that falsely implies or otherwise misleads others about your affiliation with STIMOLANTI;

l.      Violate or attempt to violate the security of the “Site” through any unauthorized access, circumvention of encryption or any other security tool.

You are solely responsible for any breach of your obligations under these Terms and conditions of Use and for the consequences of any such breach.

5.     Use of cookies and user control

Our “Site” uses cookies, which enable us to provide you with services and content that are compatible with your needs and browsing system. Some Cookies have multiple functions and can simultaneously identify, locate and profile you. Personal information may also be collected through the use of cookies.

Cookies are files installed on your computer by the websites you visit. They enable an exchange of data between your computer and the websites you visit. Cookies are used, among other things, to recognize certain information that has been provided by the “User” of the “Site” by a server of the “Site”. Some of these cookies will communicate personal information outside Quebec.

You can refuse "cookies" in the pop-up window when you arrive at our “Site”.

However, your refusal to accept cookies may impair or limit your access to certain features of our “Site” and thus reduce your ability to access certain parts or content of the “Site”.

For more information, please consult our Privacy Policy.

6.     Intellectual property rights

The content of the “Site” includes, without limitation, all information, data, products, materials, Services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video content, illustrations and graphics displayed, published, distributed or otherwise made available to you in connection with the “Site” (collectively the “Content ‘) and, unless the context clearly requires otherwise, the term ’Site” includes all Content.

STIMOLANTI provides Users with access to the “Site”, including the Contents. All Content and the “Site” are owned by STIMOLANTI or a third party who has authorized STIMOLANTI to publish or license such Content. Subject to your compliance with these Terms of Use, you may access and use the “Site” and all Content provided to you by STIMOLANTI for the purposes set forth in Section 2 hereof. Nothing in these Terms of Use grants you any right to use our “Site”, its Contents, our trademarks or any other intellectual property of STIMOLANTI. You may not assign or transfer portions of the Content and you may not grant a license to use or access the “Site” to any other party. In addition, you may not link to the “Site” without our prior permission. Upon request, we may grant you a limited, non-exclusive right to link to the “Site” provided that such link is to the home page of the “Site” and does not portray us or any of our products in a false, misleading, derogatory or otherwise negative manner.

The “Site” and the Content are protected by intellectual property laws in Canada. You acknowledge and agree that the “Site” and the Content, including all intellectual property rights therein, are and shall remain the exclusive property of STIMOLANTI and/or its licensors or third parties permitting such use. You will not remove, alter or otherwise interfere with any copyright, trademark or other proprietary notices contained in the “Site” or the Content and you agree to abide by all intellectual property rights of STIMOLANTI.

You further acknowledge that STIMOLANTI has no obligation to monitor access to or use of the “Site” and the Content by any User or to block access to anyone, but has the right to do so in order to (i) operate, secure and improve the “Site”; (ii) ensure compliance with and enforce the Terms of Use by Users; (iii) conform to any applicable law or order or requirement of a court or other governmental organization; or (iv) otherwise as more fully set forth in these Terms of Use. Any unauthorized or prohibited use of our intellectual property may expose you to civil liability, criminal prosecution or both.

Any unauthorized or prohibited use of our intellectual property may expose you to civil liability, criminal prosecution or both.

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason.

STIMOLANTI respects all intellectual property rights of third parties. If you believe that the Content or any portion of the Content violates the intellectual property rights of any third party, please notify us in writing at dose@stimolanti.ca.

7.     Links to third-party websites

The use of certain links on the “Site” will direct you to third-party websites. These third-party Web sites are not under our control, and we are not responsible for the contents of any such Web site or any link contained in this Web “Site”.

Third-party links included on the “Site” are provided for your convenience, and the inclusion of such links does not imply any recommendation or endorsement by us of such website or the products or services offered therein. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH THIRD-PARTY WEBSITES.

Any third-party content, data or publications made available via the “Site” are provided by us as is for your convenience and information. Any opinions, advice, statements, services, products, offers or other information made available by third parties are those of the respective author(s) or publisher(s) and not ours. STIMOLANTI MAKES NO WARRANTY AND SHALL NOT BE LIABLE FOR (i) THE VALIDITY OF CONTENT, PRODUCTS AND SERVICES OFFERED ON THIRD PARTY WEB SITES; (ii) THE CONTAMINATION BY COMPUTER VIRUSES ATTRIBUTABLE TO THE USE OF THIRD PARTY WEB SITES; OR (iii) THE COLLECTION OF YOUR PERSONAL INFORMATION AND ITS USE AND DISCLOSURE ON THIRD PARTY WEB SITES.

8.     Warranty exclusions and limitation of liability

Availability. STIMOLANTI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE OPERABILITY, ACCESSIBILITY OR USE OF THE “SITE” OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL STIMOLANTI BE LIABLE FOR ANY DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS BEYOND OUR REASONABLE CONTROL.

Site and Content. THE “SITE” IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF USE, PERFORMANCE OR MERCHANTABILITY. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE “SITE” IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE “SITE” AT ANY TIME.

STIMOLANTI SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF THE “SITE” OR THE CONTENT. STIMOLANTI MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY EXPRESSLY EXCLUDES ALL LIABILITY FOR ANY TREATMENT OR ACTION FOLLOWING THE INFORMATION OFFERED, OR SUBMITTED DIRECTLY OR INDIRECTLY, IF AT ALL, THROUGH THE “SITE”.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE OVERALL RISK RESULTING FROM YOUR ACCESS TO AND USE OF THE “SITE” AND THE CONTENT REMAINS YOURS. NEITHER STIMOLANTI NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE “SITE” OR THE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OR INJURY OR INJURY WHATSOEVER ARISING IN CONNECTION WITH i) THESE TERMS OF USE; AND ii) THE USE OR INABILITY TO USE THE WEB “SITE” OR ANY CONTENT, REGARDLESS OF THE SOURCE OF CIVIL OR EXTRACTRACTUAL LIABILITY, WHETHER OR NOT STIMOLANTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

9.     Indemnity

To the maximum extent permitted by any applicable law, you agree to release, defend (at STIMOLANTI's option), indemnify and hold STIMOLANTI, including, but not limited to, its officers, directors, customers, employees, suppliers, harmless from and against any and all damages, claims, liabilities, losses and expenses including, without limitation, legal and accounting fees, resulting from or in any way related to :  

a.     Use of the “Site”, including inappropriate use of the “Site” or coffee offered by STIMOLANTI;

b.     Violation of these Terms of Use or any other STIMOLANTI policy or standard;

c.     Violation of any law, regulation or third party right, including intellectual property rights.

10.  General provisions

10.1  Entire Agreement.

These Terms of Use and the Privacy Policy constitute the entire agreement between you and STIMOLANTI relating to your use of and our provision of the “Site” and our coffee.

10.2  Governing Law.

These Terms of Use shall be governed by the applicable laws of the Province of Quebec.

10.3 Dispute Resolution.

Any dispute arising out of or relating to these Terms of Use or your use of STIMOLANTI's café shall be submitted to a court of competent jurisdiction in the Province of Quebec sitting in the judicial district of Mont-Tremblant (Terrebonne) to the exclusion of any other forum or jurisdiction.

10.4  Replacement of Invalid Provisions.

If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable, User and STIMOLANTI will continue to be bound by the remaining provisions of these Terms of Use and the agreement between you and us will be deemed modified to the extent necessary to make it legal, valid and enforceable.

10.5 Headings.

The headings in these Terms of Use are for convenience of reference only and shall not be used in any manner to construe any such section.

10.6  Non-Waiver.

You agree that if we do not exercise or enforce any legal right or remedy contained in these Terms of Use (or available to us under any applicable law), this will not constitute a formal waiver of our rights and such rights or remedies will still be available to us.

10.7 Interpretation.

The words “included”, “including” and “including without limitation” shall be deemed to be followed by the words “without limitation”.

10.8 Notices and Requests.

Any notice or request for consent to be given under these Terms and conditions of Use and any matter relating to the “Site” or the coffee offered by STIMOLANTI.