This Contract Agreement (the “Agreement”) is made between:
HUTCHY GLOBAL INC., a company Incorporated in Ontario, Canada. Company Business Registration No. 771139078RM0001 and Tax GST/HST No. is 771139078RT0001, with its principal offices located at 79 Bessemer Road, Unit 17, London, Onterio N6E 1P9, Canada and its operating company J-ROC BLUE COFFEE INC., a company Incorporated in Ontario, Canada. Company Business Registration No. 1000899904, and whose principal offices are located at 79 Bessemer Road, Unit 17, London, Onterio N6E 1P9, Canada. (Herein after referred as the “Party” and collectively as the “Parties” to this Agreement)

And

You (The Online Consumer)

1. This Agreement
In consideration of the mutual covenants and agreements contained herein, by entering into this agreement, you agree to be bound by the following terms and conditions contained herein.

2. Definitions
For the purpose of this Agreement the following terms shall have the meanings set forth in their respective definitions, unless a different meaning is called for in the context of another provision in the Agreement:

2.1. Agreement
Shall mean this Online Customer Contract Agreement for the purchase of Coffee Beans and related Services together with any Annexes attached herein.

2.2. Effective Date
The Effective Date of the Agreement shall be the date on which your first order is
despatched and confirmed.

2.3. Online Consumer
The Online Consumer to this agreement, means any Individual or Consumer, not acting in the capacity of a registered business entity, and who purchases Products for their own consumption and not for the purpose of resale.

2.4. Contract Period
As an Online Customer (Consumer), your Contract Period is twelve months and is protected under Consumer Rights. See (Clause 8, sub-clause 8.1) of this agreement.

2.5. Errors and Omissions Excepted (E&OE)
Due to our increasing volume of products, Pricing information displayed on our website or that may be quoted separately whether verbally or in a writing may contain errors. Under this definition, we are not liable for such errors and they are as such subject to Errors and Omissions Excepted (E&OE) as defined under normal business practices.

2.6. Products
Our Products are defined as Coffee Beans as described on our website. Coffee Beans may be supplied as roasted beans or ground beans to suit your specific requirements, along with a range of packaging and branding services. The full range of products may be viewed on our webpages.

2.7. Special (Bespoke) Orders
Any product(s) ordered to your specific requirements that are not part of our normal or standard product portfolio.

2.8. Third Party
Any organisation that is not legally or otherwise part of or connected to J-Roc Blue Coffee Inc.; this includes, Sellers, Distributors along with any referral links to companies from our website.

3. Terms and Conditions

3.1. These terms and conditions define the basis on which you order our primary Coffee products along with ancillary products and services as listed on our website (www.j-rocbluecoffee.com) from time to time.

3.2. As an Online Customer, by placing orders via our website, you will have deemed to have read, understood the contents of this Contract Agreement. It further confirms your acceptance of the Terms and Conditions outlined in this Contract Agreement.

3.3. This Agreement is available for viewing via our webpages; however, it is recommended that you print a copy and retain this for your own point of reference.

4. Jurisdiction
Covers those territories where under Canadian law there are import and export restrictions due to trade embargos imposed as a result of economic sanctions. A list of those countries where there are current sanctions is as follows:

4.1. Belarus – Democratic People’s Republic of Korea – Iran – Libya – Russia – Somalia –
Syria – Ukraine (linked to Russia’s violations of sovereignty and territories).

5. Know Your Customer (KYC)
The primary objective of adhering to a Know Your Customer (KYC) policy is to prevent money laundering and fraudulent activities. However, where anyone with access to a computer or device that connects to the Internet can gain access and order products from our website, it is almost impossible to check and verify the details of everyone, in particular because they can access the site without any human interaction.

Therefore, by accessing and ordering products from our website, you warrant the following:

5.1. You are 18 years of age.

5.2. You have residential status in a jurisdiction where we have no trade restrictions.

5.3. You are accessing our website from within the country in which you are legally resident.

5.4. You have read and understand the Policy Documents and Statements on our website.
.
5.5. You have no attachments nor affiliations to any political or terrorist groups or organisations that might affect or determine the way or reasons for accessing our website, other than for the purchasing our products.

5.6. You are not a Politically Exposed Person (PEP) I.e., not entrusted with a function of public office.

6. How the contract is formed between you and us

6.1. As an Online Customer, the receipt and acceptance of your first order forms the Contract between us.

6.2. Following receipt of your first order, after checking the details submitted to us, if there are no obvious errors or omissions, you will be sent an email acknowledgement confirming that we have received your order and that your order has been accepted and submitted for processing.

6.3. Following internal processing, you will receive a further email confirming that the Product has been dispatched (Despatch Confirmation).

6.4. As a distributor of Jamaica Blue Mountain Coffee, you will also receive such documentation including a Certificate of Origin which verifies the origin and the 100% quality of Blue Mountain Coffee.

6.5. Following initial order receipt and acceptance, your order will be despatched in a timely manner and within the agreed delivery time-scales (See Sub-clause 11.1)

7. Product Orders

7.1. The supply of Product Orders will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.

7.2. If you attempt to order a Product and it is not available, you may send us an email and as soon as such product becomes available, we will send you an email notification informing you that the product is now available for immediate ordering and shipment.

8. Third-Party Liability

8.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through a link from our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality.

8.2. We will not be held liable and any such warranties stated through a third-party website, and as part of the agreement, any such warranties are DISCLAIMED by us.

8.3. Should a third party become involved in a transaction, and there is a need to disclose your customer information, we will notify you of our intentions and seek your permission in order to disclose such information that is relevant to the transaction.

9. Consumer Rights

9.1. Your rights under this agreement are partly in-line with the Ontario Consumer Protection Act 2002 (Updated 2024/01/01).

9.2. If you are contracting as a consumer, there is a Cooling Off Period within which you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds Policy (set out in Clause 14 below).

9.3. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same conditions in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

10. Special (Bespoke) Orders

10.1. You will not have any right of cancellation for the supply of any of the following Products:

10.1.1. Any Part or Product that is deemed a ‘SPECIAL or BESPOKE ORDER’.

10.1.2. All equipment is programmed to customer requirements and are deemed as ‘SPECIAL or BESPOKE ORDER’ items and are subject to restocking charges.

11. Product Availability & Delivery

11.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 14 days of the date of the Receipt of Order Confirmation, unless there are exceptional circumstances.

11.2. Should a product not be in-stock, you will not be able to place your order on our website. However, provision is made so that you may email us and you will be notified as soon as the product becomes available.

12. Risk & Title

12.1. The Products will be at your risk from the time of delivery.

12.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

13. Price & Payment

13.1. The price of any Products will be as quoted on our site and updated from time to time (E&OE). Under these terms and conditions, you accept that errors can be made and, we reserve the right to correct any error in pricing (whether they over or under the price quoted on our website) and notify you on receipt of your order or any time prior to your order being despatched.

13.2. For order placed from customers residing in Canada, prices exclude GST Sales Taxes and delivery costs, which will be added to the total amount due as set out in our Delivery Schedule.

13.3. All Prices are liable to change at any time, but changes will not affect orders in respect of those which we have already sent you a Dispatch Confirmation.

13.4. Payment for all Products must be by credit or debit card. We have partnered with Moneris Services and PayPal Inc. for the processing of all Online Payments. Dependant on your preference, you may choose any of the above organisations who will securely process your credit or debit card at the checkout stage of placing your order.

13.4.1. Payment for Products using PayPal is governed and determined by such terms and conditions of use as defined by them.

13.5. Under the provisions of (clause 13, sub-clause 13.1) We are under no obligation to supply the Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation.

13.6. All orders will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 14 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

14. Refunds & Returns Policy

14.1. All bespoke orders are non-refundable (This also relates to any equipment that has been set up and commissioned by J-Roc Blue Coffee prior to delivery).

14.2. Product Returns

14.2.1. Should you decide to cancelled the Contract between us within the seven-day cooling-off period (see clause 9.2 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

14.2.2. for any other reason (for instance, because you have notified us in accordance with (clause 24 to sub-clause 24.2.1) that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time

14.2.3. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product

14.2.4. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us

14.3. All payments received from you are returned using the same method originally used by you to pay for your purchase

14.4. J-Roc Blue Coffee cannot accept return of any used equipment, all equipment not installed by J-Roc Blue Coffee is void of warranty and return.

15. Our Liability

15.1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

15.2. Our liability for losses suffered by you as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

15.3. this does not preclude or limit our liability to the following remedies

15.3.1. under the Ontario, Consumer Protection Act 2002

15.3.2. for death or personal injury caused by our negligence

15.3.3. for fraud or fraudulent misrepresentation; or

15.3.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability

15.4. We will not be held liable for indirect losses which happen as a consequence of the principal loss or damage and which are not foreseeable by you and or us (such as, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.

15.5. Where Products are purchased from a third-party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.

16. Delivery Charges & Import Duties
16.1. If you order Products from our site for delivery outside of the province of Ontario, they may be subject to increased delivery charges

16.2. Products shipped outside of Canadian territories may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

16.3. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

17. Communications in Writing

17.1. Add Applicable laws require that some of the information or communications we send to you should be in writing. To this end and as an integral part of this Agreement you accept the following:

17.2. When using our website, you accept that communication with us will be mainly electronic.

17.3. We will contact you by e-mail or provide you with information by posting notices on our website.

17.4. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

17.5. These conditions do not affect your statutory rights

18. Notifications

18.1. All notices given by you to us must be given to J-Roc Blue Coffee Inc., 79 Bessemer Road, Unit 17, London Ontario N6E 1P9, Canada

18.2. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in (Clause 17 to sub-clause 17.4) above.

18.3. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.

18.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post

18.5. in the case of an e-mail, that such e-mail was sent to the specified e-mail address supplied by you.

19. Transfer of Rights & Obligations

19.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

19.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

19.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

20. Force Majure

20.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

20.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
20.2.1. Strikes, lock-outs or other industrial action.

20.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

20.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

20.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

20.2.5. Impossibility of the use of public or private telecommunications networks.

20.2.6. The acts, decrees, legislation, regulations or restrictions of any government.

20.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

21. Waiver

21.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

21.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

21.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.

22. Severability

22.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

23. Entire Agreement

23.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

23.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

23.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

24. Our right to vary these terms and conditions
24.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

24.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you) or,

24.2.1. if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

25. Governing Law & Jurisdiction
Contracts for the purchase of Products through our site will be governed by Canadian law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Ontario, Canada

26. Contact
Comp: J-Roc Blue Coffee Inc.
Email: legal@j-rocbluecoffee.com
Tel: 01-226-448-8243