Terms of service
OVERVIEW
Welcome to SodaMTL! The terms “we”, “our”, and “us” refer to SodaMTL. SodaMTL operates this shop and website, including all information, content, features, tools, products, and services associated with it, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). SodaMTL uses the Shopify platform, which enables us to offer the Services.
The general terms below, along with the policies referenced within them (the “Terms of Use” or “TOU”), describe your rights and responsibilities when using the Services. Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms of Use or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the legal age of majority in your state or province of residence and that you consent to allow your minor children to use the Services on devices you own, purchase, or manage.
To use the Services — including browsing our online stores or purchasing any products or services — you may be required to provide certain information such as your email address, billing, payment, and delivery details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide it. You are solely responsible for the security of your account credentials and any activity under your account. You may not transfer, sell, assign, or license your account to another person.
ARTICLE 2 – OUR PRODUCTS
We make every effort to accurately present our products and services online. However, colors and appearance may differ from what appears on your screen due to your device type, settings, and configuration. We do not guarantee that the appearance or quality of purchased products or services will meet your expectations or match what is displayed online. All product descriptions may be modified at any time, without notice, at our sole discretion. We reserve the right to withdraw any product from sale and may limit quantities by person, geographic region, or jurisdiction.
ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. SodaMTL reserves the right to accept or refuse your order for any reason, at its discretion. Your order is considered accepted only after written confirmation from SodaMTL. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as SodaMTL may not be able to accept cancellation requests once confirmed. If your order is refused, modified, or cancelled, we will attempt to contact you using the email, billing address, and/or phone number provided. Your purchases are subject to our Refund Policy [[LINK]]. You represent and warrant that your purchases are for personal or household use, not for commercial resale or export.
ARTICLE 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the one in effect at the time of your order and will appear in your confirmation email. Unless otherwise stated, displayed prices do not include taxes, delivery fees, preparation fees, customs duties, or import charges. Online prices may differ from those in physical stores or third‑party platforms. You agree to provide current, complete, and accurate purchase and account information, and to update it promptly. You represent and warrant that your payment information is accurate, that you are authorized to use the payment method, and that you will pay all charges including taxes and delivery fees.
ARTICLE 5 – SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All delivery times are estimates and not guaranteed. We disclaim liability for delays caused by carriers, customs, or events beyond our control. Once products are handed to the carrier, ownership and risk of loss transfer to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
All Services — including trademarks, text, images, graphics, product reviews, videos, audio, and their design and arrangement — are the exclusive property of SodaMTL or its licensors and are protected by intellectual property laws. You may use the Services only for personal, non‑commercial purposes. Unauthorized reproduction, distribution, modification, or public display is prohibited. All trademarks appearing on the Services belong to their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
You may use third‑party tools offered through the Services. We do not monitor or control these tools and provide access “as is” and “as available,” without warranties. Your use of optional tools is entirely at your own risk. Future features or tools will also be subject to these Terms.
ARTICLE 8 – THIRD‑PARTY LINKS
The Services may contain links to third‑party websites. We are not responsible for evaluating their content or accuracy. Accessing third‑party sites is at your own risk. We disclaim liability for any harm or damages related to third‑party products, services, or content. You should review third‑party policies before engaging in any transaction.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
SodaMTL is powered by Shopify, but all sales are made directly between you and SodaMTL. By using the Services, you acknowledge that Shopify is not responsible for any aspect of your transactions with SodaMTL. You expressly release Shopify from any claims related to your purchases.
ARTICLE 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes certain personal information to provide and improve the Services. Information you submit may be shared with Shopify and third parties in other countries.
ARTICLE 11 – FEEDBACK
If you submit feedback, ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, non‑exclusive license to use, reproduce, modify, publish, and distribute it for any purpose. You represent that you own the rights to your Feedback and that it complies with these Terms. We may monitor, modify, or remove Feedback at our discretion. You are solely responsible for your Feedback and its accuracy.
ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain typographical errors or inaccuracies, including in product descriptions, pricing, promotions, delivery fees, or availability. We reserve the right to correct errors or update information at any time, including after an order is submitted.
ARTICLE 13 – PROHIBITED USES
You may use the Services only for lawful purposes. Prohibited uses include illegal activities, violating intellectual property rights, harassment, transmitting false information, sending spam, impersonation, uploading malware, scraping data, bypassing security measures, and more. We may suspend or terminate your account if you violate these Terms.
ARTICLE 14 – AGENTS
This section applies if you use or deploy an automated Agent to interact with the Services. Agents must identify themselves, must not mimic human behavior, and must comply with all restrictions. We may limit or block Agent access at any time.
ARTICLE 15 – TERMINATION
We may terminate this agreement or your access to the Services at any time, without notice. Certain sections will survive termination, including Intellectual Property, Feedback, Warranty Disclaimer, Limitation of Liability, Indemnification, and others.
ARTICLE 16 – WARRANTY DISCLAIMER
Information on the Services is provided for general purposes only. The Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied. Some jurisdictions do not allow warranty exclusions, so these limitations may not apply to you.
ARTICLE 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, SodaMTL, Shopify, and their affiliates shall not be liable for any direct or indirect damages, including loss of profits, data, or other losses arising from your use of the Services or products.
ARTICLE 18 – INDEMNIFICATION
You agree to indemnify and hold harmless SodaMTL, Shopify, and their affiliates from any claims arising from your breach of these Terms, violation of laws, or misuse of the Services.
ARTICLE 19 – SEVERABILITY
If any provision is deemed unlawful or unenforceable, it will be enforced to the maximum extent permitted, and the remainder will remain valid.
ARTICLE 20 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any right does not constitute a waiver. These Terms, along with any policies posted on the site, constitute the entire agreement between you and us.
ARTICLE 21 – ASSIGNMENT
You may not assign your rights or obligations without our written consent. We may assign these Terms without notice.
ARTICLE 22 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where SodaMTL is headquartered. You consent to the jurisdiction of those courts.
ARTICLE 23 – HEADINGS
Headings are for convenience only and do not affect interpretation.
ARTICLE 24 – CHANGES TO THE TERMS
You may review the latest version of the Terms at any time. We may update or replace any part of these Terms by posting changes on our website. Your continued use of the Services constitutes acceptance of the updated Terms.
ARTICLE 25 – CONTACT INFORMATION
For questions about these Terms of Use, contact us at: bonjour@sodamtl.ca.