Terms and Conditions
Welcome, and thank you for your interest in Sunpuffs (“Sunpuffs,” “we” or “us”) and our website at www.sunpuffs.ca (the “website”). Use of our other products and services requires a separate agreement with us. These Website Terms and Conditions are a legally binding contract between you and Sunpuffs regarding your use of this Site.
Please read the following Terms and Conditions carefully. By accessing or using this website, you agree that you have read and understood, and, as a condition to your use of this website, you agree to be bound by the following Terms and Conditions, including Sunpuffs’ Privacy Policy. If you are not eligible or do not agree to the Terms and Conditions, then you do not have our permission to use this website or place an order. Your use of this website, and Sunpuffs’ provision of the website to you, constitutes a bounding agreement between you and Sunpuffs.
- Eligibility: You must be of legal age in your province or territory to use this website. By agreeing to these Terms and Conditions, you represent and want us that: (a) you are of legal age in your province or territory; (b) you have not previously been suspended or removed from the website; and (c) your registration and your use of the website is in compliance with any and all applicable laws and regulations. If you are an entity, organization or company, the individual accepting these Terms and Conditions on your behalf represents and warrants that they have authority to bind you to these Terms and Conditions.
- Restrictions–Feedback: Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display or publicly perform the website; (b) make modifications to the website; or (c) interfere with or circumvent any feature of the website, including any security or access control mechanism. If you are prohibited under applicable law from using the website, you may not use it. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the website or our products and services (“Feedback”) or submit content, materials, or information through interactive features of the website (“Content”), then you hereby grant Sunpuffs an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback or Content in any manner and for any purpose, including to improve the website and create or improve other products and services.
- Ownership–Proprietary Rights: This website is owned by Sungroup Distribution Corp. and operates as Sunpuffs. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the website (“Materials”) provided by Sunpuffs are protected by intellectual property and other laws. All Materials included on the website are the property of Sunpuffs or its third-party licensors. Except as expressly authorized by Sunpuffs, you may not make use of the Materials. Sunpuffs reserves all rights to the Materials not granted expressly in these Terms.
- Prohibited Conduct: You shall not, and shall not permit any third party to: (a) modify or create any derivative works based on the website or any portion thereof; (b) reproduce, distribute, publicly display, or publicly perform the website or any portion thereof; (c) sublicense, distribute, sell, lend, rent, lease, transfer or grant any rights in or to all or any portion of the website or provide access to the website to third parties on a service bureau basis or otherwise; (d) use or access the website without permission, interfere with or circumvent any feature of the website, including any security or access control mechanism, or introduce any security threats into or through the website; (e) use the website or any portion thereof to exploit, interfere with or circumvent any feature of any other site or service; or (f) use the website or any portion thereof for any illegal, harmful, offensive or objectionable purpose, including in a manner that disparages or defames, or violates the intellectual property or proprietary rights of Sunpuffs or any third party.
- Modification of these Terms and Conditions: We reserve the right to change these Terms and Conditions on a going-forward basis at any time upon seven days’ notice. Please check these Terms periodically for changes. By using the website after changes are published, you agree to the updated terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 5, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms and Conditions will be resolved in accordance with the version of these Terms and Conditions that was in effect at the time the dispute arose.
- Modification of the Website: If you violate any provision of these Terms and Conditions, your authorization to access the website and these Terms and Conditions automatically terminate. In addition, Sunpuffs may, at its sole discretion, suspend or terminate your access to the website, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate, and you must immediately cease all use of the website. Sections 2, 3, 4 and 6 through 13 will survive termination. Sunpuffs reserves the right to modify or discontinue the website at any time (including by limiting or discontinuing certain features of the website), temporarily or permanently, without notice to you. Sunpuffs will have no liability for any change to the website or any suspension or termination of your access to or use of the website.
- Disclaimers–No Warranties. We are under no obligation to provide support for the website. In instances where we may offer support, the support will be subject to published policies. The website and all materials available through the website are provided “As-Is” and on an “As Available” basis. Sunpuffs disclaims all warranties of any kind, whether express or implied, relating to the website and all materials available through the website, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement; and (b) any warranty arising out of course of dealing, usage or trade. Sunpuffs does not warrant that the website or any portion of the website, or any materials offered through the website, will be uninterrupted, secure or free of errors, viruses or other harmful components, and Sunpuffs does not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the website or Sunpuffs or any materials available through the website will create any warranty regarding Sunpuffs materials available through the site that is not expressly stated in these terms. We are not responsible for any damage that may result from the website. You understand and agree that you use any portion of the website at your own discretion and risk and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the site) or any loss of data. However, Sunpuffs does not disclaim any warranty or other right that Sunpuffs is prohibited from disclaiming under applicable law. For products obtained through the website, see. Shipping, Returns and Warranty
- Limitation of Liability: To the fullest extent permitted by law, in no event will Sunpuffs be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the website or any materials on the website, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, and whether or not any Sunpuffs entity has been informed of the possibility of damage. To the fullest extent permitted by law, the aggregate liability of Sunpuffs to you for all claims arising out of or relating to the use of or any inability to use any portion of the site or otherwise under these terms, whether in contract, tort or otherwise, is limited to the greater of (a) the amount you have paid to Sunpuffs for access to and use of the site in the 12 months prior to the event or circumstance giving rise to claim; or (b) $10. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in Section 8 will apply even if any limited remedy fails of its essential purpose.
- Governing Law: This Agreement shall be governed by and construed under the laws of Alberta, Canada without reference to conflicts of law principles.
- Privacy Policy. Please read Sunpuffs’ Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Sunpuffs Privacy Policy is incorporated by this reference into and made a part of, these Terms and Conditions.
- Consent to Electronic Communications: By using the Site, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
- Contact Information. The Site is offered by Sungroup Distribution Corp., located at PO Box 71036 RPO Silver Springs, Calgary, Alberta, T3B 5K2. You may contact us by sending correspondence to that address or by emailing us at info@sunpuffs.ca
- Miscellaneous. These Terms and Conditions, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms and Conditions, are the entire and exclusive understanding and agreement between you and Sunpuffs regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and Conditions at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms and Conditions, or any provision of these Terms and Conditions, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms and Conditions is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms and Conditions the use of the word “including” means “including but not limited to.” If any part of these Terms and Conditions is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Last Updated May 16, 2024.
Shipping, Refunds and Warranty
Shipping and Tracking
Sunpuffs offers a variety of shipping options to customers and provides free shipping on all Canadian orders above $100 (before taxes). Orders are generally processed and shipped out from our warehouse within five business days, excluding the time it takes for our courier partners to deliver the package to you.
Shipping Speed
- Standard Shipping: 3 – 10 business days (estimated)
- Expedited: 1 – 3 business days (estimated)
- Priority: Next Business Day (estimated)
- Same-Day Delivery (Calgary & Edmonton): 9:00 a.m. – 8:00 p.m. (MT)
Local Pickup (Calgary & Edmonton)
Once your order is placed, please call one of the following numbers for a pickup location and time:
- Calgary: +1 (368) 889-1590
- Edmonton: +1 (403) 479-0599
Delivery and Order Pickup
Proof of Age Required
Sunpuffs utilizes national couriers’ proof of age requirements on all packages, with no exceptions. Signatures will be obtained upon delivery. If you are unable to receive your package upon delivery, it will be sent to your nearest post office, where you will be required to show proof of age to receive the package. Packages cannot and will not be left at the door or in a mailbox.
Any fees associated with packages being returned, because proof of age was not verified, will not be refunded.
In accordance with Canadian vaping legislation, proof of age requirements cannot be removed—even if Sunpuffs has verified your age. Only the person named in the shipping fields of an order can pick up a package. Couriers will not release packages to anyone who is not verified by identity.
We do not ship to P.O. boxes. Upon delivery, you must show a piece of valid, government-issued photo identification to confirm your age of majority, and we cannot do this with a P.O. box.
Order Processing
After an order has been placed, you will be notified with an order confirmation email. Your order will be processed within five business days, subject to peak holiday periods. If you receive a tracking number during a weekend or major holiday, your order is prepared for shipment, but it is not handed off to a shipping carrier until the following business day. Once your order has been picked up, you will receive an email or text message from the courier containing your tracking information.
We reserve the right to additional processing time if any questions or concerns regarding your order arise. We always do our best to get in touch with you via email or phone only when necessary. Please make sure to provide us with current contact information during checkout.
Order Tracking
Tracking numbers are automatically generated when we print your shipping label during order processing. You will receive an email notification or text message containing the tracking number of your order. Please check your email’s ‘spam’ folder if you have not received a tracking number.
Cancellations
Although we try our best to accommodate changes, orders cannot be cancelled once they have been fulfilled. By placing an order with us, you acknowledge that the items ordered and delivery information are accurate.
Lost or Damaged Packages
Lost In Transit
If a package has exceeded its estimated delivery date by more than 21 business days, please notify us at info@sunpuffs.ca, and we will open a claim on your behalf as the shipper with the courier company.
Damaged Packages
If your package arrives damaged, please contact our customer service team within 5 days of delivery. We may initiate an investigation, and you may be required to submit pictures of the condition in which the package arrived. The courier may contact you for an inspection. Please monitor your emails and respond to communications from Sunpuffs and our courier partner.
Courier Investigation
A courier investigation may take up to 15 business days, or longer in complex cases. Unfortunately, we must wait until the investigation is completed before resending or refunding the order.
For any inquiries relating to lost or damaged packages, please contact info@sunpuffs.ca for assistance.
Taxes
All taxes will be applied subject to federal and provincial tax legislation.
Refunds
Any products purchased on Sunpuffs.ca can be returned and refunded, provided they are in their original sealed condition. All products that have been opened and/or used are final sale and cannot be returned or refunded. In case of a product defect, please see the warranty section below.
Refund payments typically take up to five business days to process after the refund has been initiated and another five business days from the date and time we receive the returned product.
Unauthorized Returns
If a package has been returned to our warehouse due to a delivery failure (e.g., incorrect address, unclaimed order, etc.), our customer service team will attempt to reach out to you at the email listed on your order, offering the option of refunding your shipment minus the original shipping cost. Orders that were eligible for free shipping will be charged a $10 flat rate.
Warranty
If a product defect occurs, a warranty claim must be requested and filled out within 30 days from the date of delivery.
Warranty claims are subject to proof or purchase details and photo/video submissions of the defective product. Please note more than one type of proof of purchase may be required to process a warranty claim (such as purchase receipt and confirmation of purchased items).
Exclusions and Limitations
The Limited Warranty does not apply to any (a) Damage due to acts of nature or God, for example, weather; (b) Negligence; (c) Commercial use; (d) Modifications to any part of the Product; (e) Damage caused by use with non-Sunpuffs products; (f) Damage caused by accident, abuse, misuse, flood, fire earthquake or other external causes; (g) Damage caused by operating the product outside its permitted or intended use; or (h) Damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Sunpuffs. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Limitation of Damages
Except to the extent prohibited by applicable law, Sunpuffs shall not be liable for any incidental, indirect, special or consequential damages, including but not limited to loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even when Sunpuffs has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.