Welcome to KobeClassicBeef.com the website of Wagyu Canada Inc. (“Wagyu Canada”).
Please review this agreement (the “Agreement”), which shall apply to the use of this Website, as well as to the purchase of all products sold to you through this Website. By using this Website you represent that you have reviewed and understand the terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.
As the terms of this Agreement may be modified at Wagyu Canada’s sole discretion, without any obligation to notify you, we advise that from time to time you check this Website to review the changes. Your continued use of this Website shall constitute your consent to any changes.
2. Use of this Website: You acknowledge and warrant that any information you may post, transmit or submit to this Website does not: (i) infringe on your rights; (ii) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (iii) constitute a criminal offence or give rise to civil liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the Website or to any other user.
Your rights with regard to accessing this Website may be terminated or restricted at any time at the sole discretion of Wagyu Canada. Wagyu Canada is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that Wagyu Canada may choose to enforce.
3. Customer Account: You are responsible for maintaining the security of your customer account on this Website. Should any charges or damages occur due to your not taking reasonable care of your customer account or password, you agree that you will be held solely responsible.
4. Copyrights and Trademarks: All materials displayed or otherwise accessible through this website are owned by Wagyu Canada and third party content suppliers, and are protected under the applicable copyright and trademark laws of Canada and elsewhere. You hereby agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this website and make a single copy of the material for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use.
5. Links: This Website may contain links to other Websites that are operated by third parties, and are not under the control of Wagyu Canada. Wagyu Canada is not responsible for, and expressly excludes all liability with relation to these linked Websites which you access at your own risk, and Wagyu Canada makes no representations, warranties or conditions concerning the linked Websites or their contents.
6. Orders and Payment: When you submit an order on this Website, your order shall be considered as an offer to Wagyu Canada. Wagyu Canada reserves the right to refuse your order at any time and for any reason, including but not limited to: (i) the availability of the products in your area (Wagyu Canada specifically reserves the right to revise or cease to make available any of its products at any time); and (ii) if the products are incorrectly described or priced on the Website. In the event that your order is cancelled or refused, you shall receive an email confirmation stating same. Additionally, if your order is refused or cancelled following payment, Wagyu Canada will reimburse you for the full amount paid.
The third party credit card service provider must approve all purchases made through the use of a credit card.
You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Wagyu Canada.
7. Packaging: Wagyu Canada guarantees that your shipment will arrive cool and fresh. We provide vacuumed sealed temperature controlled packaging on all our shipments to ensure that you receive your package as fresh as it was when leaving our facility.
8. Shipping: Shipping is only available within Canada and is currently not available in any other country.
A flat rate will be applied to your delivery in Canada which included in the price of the product.
Wagyu Canada uses UPS as shipping service provider to ship its products. As such, Wagyu Canada will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall pass to you at the moment the product that you have purchased is transferred to the third party shipping service provider.
* Orders done on Saturday, Sunday and Monday before 12noon will be shipped on Tuesday
* Orders done on Tuesday before 12noon will be shipped on Wednesday
* Orders done on Wednesday, Thursday and Friday before 12noon will be shipped on Monday
Orders cannot be delivered to a P.O. Box.
For your convenience, we will confirm the estimated time or arrival with your email order confirmation.
9. Return policy: We do not accept any returns.
10. Disclaimer: TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND WAGYU CANADA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBSITE AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS WEBSITE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS WEBSITE MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, WAGYU CANADA DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
11. Limitation of Liability: YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL WAGYU CANADA, ITS OFFICERS, REPRESENTATIVES OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO direct, indirect, special, consequential, incidental, punitive or otherwise. WAGYU CANADA, ITS OFFICERS, REPRESENTATIVES AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE OR LOSS OF DATA. WAGYU CANADA HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. This EnTIRE limitation shall apply even if Wagyu Canada, ITS OFFICERS, REPRESENTATIVES oR EMPLOYEES wERE informed of the possible occurrence of the abovementioned damages. WAGYU CANADA’S MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. This limitation is an essential element of the agreement between Wagyu Canada and you.
12. Indemnification: You agree to indemnify, defend and hold harmless (including reasonable legal fees) Wagyu Canada, its officers, directors, employees or agents from any action arising from your misuse of this website or the breach of any of the provisions of this Agreement.
13. Miscellaneous: This Website, any use of this Website and any dispute relating thereto to or to the products purchased therein shall be governed and construed by the laws applicable to the Province of Alberta, without regard to conflict of law rules. Both Wagyu Canada and you agree to the exclusive jurisdiction of the Province of Alberta.