Group & Fundraising Programs Terms & Conditions

	Updated - 20 December 2022
1.	Definitions
1.1.	G&F website - Online platform used to access information, create a campaign(s), process orders, payments, and finalize submission of campaign order.
1.2.	G&F Program – Purdys Group Savings & Seasonal Fundraising program.
1.3.	Curated product assortment – The limited selection of products offered through the Group & Seasonal Fundraising program during specific seasons of the year.
1.4.	Group Savings - Bulk discount program based on the sales volume of orders.
1.5.	Seasonal Fundraising - Profit paid program based on sales volume of the order.
1.6.	Coordinator - Creator and principle accountable individual of the campaign. The Coordinator authorizes any changes to the campaign and acts as the main point of contact between the Purdys Group and Fundraising Team and the campaign.
1.7.	Supporter - Anyone registered within a campaign.
1.8.	Member - Any user in a group or seasonal fundraising.
1.9.	Switch Roles - The action to toggle between the Coordinator or Supporter role.
1.10.	Estimated delivery window - Pre-set dates established through the Courier and G&F program based on your selected estimated delivery date. Delivery dates provided are to be understood as estimates and not guaranteed arrival dates.
1.11.	Carrier - Third-party courier company contracted by Purdys to deliver orders based on delivery address.
1.12.	Campaign - Online group created by the Coordinator to coordinate a bulk purchase of products. The Campaign page contains details of the order dates and purpose, either to promote the goal of the organization or communicate information to supporters.
1.13.	Order - Groups of products that are paid for by registered member (either Coordinator or Supporter)
1.14.	Program Deadline Date - The Purdys Seasonal Program has a deadline beyond which no orders may be submitted.
1.15.	Campaign Submission Deadline - The date specified by the Coordinator for all supporters to have their order placed and paid to ensure delivery.
1.16.	Acceptable Payment Type:
1.16.1	Option 1: Credit card (VISA, Master Card, American Express)
1.16.2	Option 2: Cheque - only one (1) cheque accepted from the Coordinator for campaign submission and directly approved by Purdys representative.
1.17.	Payment - Any acceptable payment type as defined (credit cards, etc.) given from Coordinators to Purdys during Order Submission. Purdys will not accept direct cash or cheque payments or Purdys gift cards from any supporters.
1.18.	Discount - The percentage amount the group qualifies for based on total sales.
1.19.	Profit - The amount qualified for based on seasonal fundraising campaigns' total sales, including tax, is paid out in the form of a cheque or can be used to pay the outstanding balance at the time of submission by the Coordinator only.
1.20.	Profit Cheque - The qualified profit earned based on the seasonal fundraising campaign's sales will be issued in the form of a cheque payable to the account name (typically two (2) – four (4) weeks after the program deadline).
1.21.	Rebate - An additional rebate payment payable to name by Coordinator on campaigns behalf. Eligible rebates are calculated on a tiered basis based on total campaign product value. All submitted campaigns within one season will be automatically combined to calculate the rebate amount. Rebates are payable by cheques.
1.22.	Rebate Cheque - The Rebate cheques are issued four (4) – six (6) weeks after the program deadline date unless any delays are communicated.
1.23.	Refunds/Returns/Exchanges - Any products purchased through the G&F program are not eligible for refund/return/exchange at any Purdys store.
1.24.	Paper order form - The physical form available to the Coordinator to collect orders from their supporters online through Support tools. The forms are to be organized by Coordinators to input orders based on customers' details.
1.25.	Replacement – Products provided in place of original due to errors in shipping and fulfillment. Replacements to be substituted with products of equal value if not available. Purdys will process replacement requests from campaign Coordinators only.
1.26.	Online support tools - Information provided by Purdys online to assist Coordinators with promoting their campaign, submitting their campaign, sorting their delivery or managing other aspects of Campaign organization.
1.27.	Fees - Additional charges relating to out-of-pocket expenses not authorized or approved by Purdys
1.28.	Bonus Items - Incentive awarded based on meeting campaign eligibility requirements.
1.29.	Physical Stores - Purdys Retail outlets
1.30.	Purdys.com - Domain and website owned by Purdys Chocolatier.
1.31.	Teams Feature - Individual link created to track supporter transactions and profit, used to categorize supporters into specific sub-groups, names or teams.
1.32.	Pick Up Address - Details of the order pickup location communicated to members when placing an order.
1.33.	Pending unpaid orders - Any order created & saved by registered members and placed in a basket for future payment.
1.34.	SKU - A stock-keeping unit (SKU) is a scannable bar code, most often seen printed on product labels and on boxes to sort and identify a product.
1.35.	G&F Customer Service Team - The team of customer care specialists dedicated to Group and Fundraising to assist with any inquiries.

2.	Group Savings & Seasonal Fundraising Program Details
2.1	The Coordinator is responsible for providing accurate information, including, but not limited to, name, company name, organization name, email, and phone number, shipping address, invoice address.
2.2	Purdys is not responsible for any inaccuracies, typos, or spelling mistakes.
2.3	Purdys reserves the right to share Coordinator information with third parties in connection with their order, delivery or if deemed necessary to support customer service.
2.4	The Coordinator is responsible for selecting a reasonable delivery date for the campaign at the time of the registration. The estimated delivery window will be based on order processing time. And transit time to the "Delivery Address". Purdys is not responsible for any delay circumstances, including, but not limited to, weather or any carrier issues or delays.
2.5	If the Coordinator misses the submission date, then the delivery on the estimated delivery window will no longer apply to that specific campaign.
2.6	Purdys reserves the right to allocate the number of catalogues, as deemed necessary.
2.7	Purdys reserves the right to change any marketing collateral at any point in time without previous notification.
2.8	Purdys reserves the right to change any promotional mailout or contents of that mailout at any time without prior notification.
2.9	The Coordinator is responsible for the overall success of their campaign. Purdys is not to be held accountable for promotion, provision of campaign information or management of any kind.
2.10	Privilege cards will no longer be issued with the Seasonal Programs (Seasonal Fundraising or Groups Savings).

3.	Group Savings & Seasonal Fundraising Program Terms
3.1	Purdys will not partially or in any way compensate for any expenses incurred by a Coordinator or its Supporters or any affiliates or agents due to the campaign. The Coordinator is solely responsible for paying any expenses.
3.2	Purdys will provide a reasonable effort to manufacture products. However, in the event a seasonal product is not available, it is the Coordinator's sole responsibility to:
3.2.1	communicate to their supporters, Purdys will not contact individual supporters;
3.2.2	refund their supporters;
3.2.3	process any refunds that are not reflected on the website as a form of payment.
3.3	Purdys will not reimburse for any finance or delivery charges or any other charge related to the Coordinators campaign that Coordinator has benefited from.
3.4	Purdys will not honor any purchases made outside of the program, which includes transactions done through physical Purdys stores and Purdys.com to count towards purchases against the Coordinator's campaign to earn profits or be eligible for discounts, including but not limited to rebate cheque, profit cheque, and bonus items.
3.5	Purdys will need to authorize and approve (depending on store stock levels or availability) any in-store or warehouse replacements. Purdys reserves the right to authorize replacements at its own discretion. In the case the replacement is not feasible, Purdys has the right to refund any products that cannot replace.
3.6	The Coordinator is responsible for providing a valid delivery address before the submission. Any changes related to your delivery address will alter original delivery dates.
3.7	For Christmas Season, any replacements need to be requested within five (5) calendar days after Coordinator receives the order.
3.8	For Easter Season, any replacements need to be requested within five (5) calendar days after Coordinator receives the order.
3.9	Coordinators are responsible for storing products between 20-22 degrees, away from smells and odors, and distribute them within five (5) calendar days.
3.10	Purdys will not provide a refund for any orders that are currently in transit. Refunds may be provided after the order has been received by the Coordinator
3.11	Purdys reserves the right to allocate any bonus items to an eligible order or cancel any bonus items without prior notification. To qualify for the bonus item the Seasonal Fundraising campaign should be over $1,000 before taxes and shipping; the Group Savings campaign should be over $750 before taxes and shipping.
3.12	By purchasing Products from R.C. Purdy Chocolates Ltd., the Customer (the "Customer") agrees to adhere to the following No Resale Policy. This No Resale Policy applies to R.C. Purdys Chocolates Ltd. Products (the "Products") available in retail stores, on Purdys.com including but not limited to Fundraising or Group Savings programs. The Products under these Terms & Conditions are provided to Customer for its internal use and not with a view to, or for resale in connection with, the distribution or other disposition thereof unless otherwise agreed in writing by R.C. Purdy Chocolates Ltd. Customer is not permitted resell the Products purchased in retail stores, on Purdys.com including but not limited to Fundraising or Group Savings programs, on the Internet without the prior written consent from R.C. Purdy Chocolates Ltd. Customer is prohibited from selling ANY Products on any publicly accessible third-party marketplace, including but not limited to Amazon, eBay, Walmart Marketplace, or other Marketplaces.
3.13	Purdys will not accept any paper orders for data entry. It is the responsibility of the Coordinator to enter any paper orders they receive and communicate the payment method to the supporter.
3.14	Purdys will not accept the creation of new campaigns or editing of existing campaigns after the program deadline has elapsed.
3.15	Purdys will not begin fulfilling a campaign until it is paid for in full and submitted. Delivery date ranges provided are no longer valid in the event of late submission or late payment in full.
3.16	Purdys reserves the right not to start processing Campaign orders unless it has received and clear the Coordinator's cheque. Purdys reserves the right to void the cheque and pending orders associated with it and submit the campaign for fulfillment on the Coordinator's behalf. Purdys reserves the right to cancel the campaign paid by cheque.
3.17	Purdys reserves the right to change product SKUs, SKU numbers, wrapping, product names, product packaging at any time without prior notification. Products on the marketplace or in a catalogue may not be exactly as shown. Piece count may be approximate.
3.18	Purdy's product images of advertising products online or in a catalogue may have packaging changes due to stock availability.
3.19	Products available in this program are subject to limited quantities and may become out of stock before the set program end date, due to issues beyond our control, such as product, resources, and supply chain disruptions. As a result, Purdys does not guarantee that all products will be available for the duration of the program.
3.20	Purdys reserves the right to modify pending unpaid orders at any time during the season.
3.21	Purdys is not liable to Coordinator or to any third party for any claims, damages, costs, losses, or other consequences caused by Seasonal Fundraising or Group Savings programs, including, but not limited to transaction or overdraft fees.
3.22	Purdys reserves the right to cancel and refund campaigns at their discretion.
3.23	Purdys is not affiliated with any fundraising or group savings campaigns, organizations or individual coordinators and not liable for their actions or lack thereof.

4.	Website
4.2	It is the Coordinator's responsibility to periodically check the website and communicate any changes in product availability to their supporters, including but not limited to refunds or any charges related to refunds. Products purchased on Purdy.com and/or shops will not be eligible for profit or discounts.
4.3	Coordinators are responsible for entering/submit orders in a timely manner online to avoid products out of stock. Purdys is not accountable for any issues related to the Coordinator processing order on behalf of a supporter.
4.3	Coordinators are encouraged to use the online support tools to promote the campaign.
4.4	Except as set out in this Privacy Policy, Purdys Chocolatier does not disclose your personal information to any third parties. We may, however, share your personal information in the following circumstances.
4.4.1	Affiliates and Business Transfer. We may share your personal information with our affiliates. We also reserve the right to disclose and transfer all such information in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.
4.4.2	Service Providers. We may share your personal information (e.g., name, email address, phone number) with third-party service providers who perform services on our behalf. For example, we may hire other companies to handle payments processing, provide data storage, fulfill orders and shipments, assist in marketing, conduct audits, and so forth.
4.4.3	Other Permitted Reasons. We reserve the right to share your personal information if required or permitted to do so by law.

5.	Data Transfers
5.1	Some of the parties to whom we may provide your personal information may be located in jurisdictions outside your jurisdiction of residence. For example, we are headquartered in Canada, and some of our or partners' data centers are located in the United States. As a result, your personal information will be used, stored and/or accessed in Canada and the United States and possibly other jurisdictions.
5.2	Note that when your personal information is located outside of your jurisdiction of residence, it will be subject to the laws of the country in which it is situated, and these jurisdictions may not have an equivalent level of data protection laws as those in the jurisdiction of residence.

6.	Registration
6.1	The Coordinator is responsible for choosing the correct program type to suit their needs: Group Savings or Seasonal Fundraising. Purdys reserves the right to restrict discounts or profits in the event of registration errors.
6.2	For First Nations tax exemptions, documents need to be received and completed by the G&F Customer Service Team for purchases to qualify for tax exemptions. To be eligible for the exemption: The goods purchased must be for the personal use of the First Nations individual or band. Personal use means for the beneficial use of the purchaser and may not include business or commercial use. The Delivery Address must be a First Nations Reserve address
6.3	Teams Feature initial set up is up to seven (7) business days. Any subsequent changes or modifications to the Teams are up to five (5) business days. Purdys reserves the right to extend these deadlines as deemed necessary. Coordinators are responsible for providing complete and accurate information about their team, including team member/group names by filling the excel template which is available to them in support material section.
6.4	Purdys reserves the right to block the registration of new coordinators during the season as it deems necessary without affecting registrations for supporters to the existing campaigns.

7.	Cheques/Profit cheques/Rebate cheque
7.1	SEASONAL FUNDRAISING deadline: December 5th 2023 Campaign orders* between $100.00 and $499.99 get a 5% profit cheque Campaign orders* between $500.00 and $749.99 get a 10% profit cheque Campaign orders* between $750.00 and $999.99 get a 20% profit cheque Campaign orders* $1000.00 and above get a 25% profit cheque *before taxes and shipping Charges
7.2	Rebate cheques are issued a minimum of four (4) to six (6) weeks after the Seasonal Program has closed (December 5th 2023), pending any outstanding issues. It is the responsibility of the Coordinator to in-put the correct name and spelling for the payee at the time of submission, also in-put the correct mailing address. Any processing fees for any cheque re-issuance due to name change and stale-dated will be deducted from the rebate amount.
7.3	Rebates are available for both Seasonal Fundraising and Group Savings program. Any customer who has the combined orders over the threshold amount is entitled to the rebate plus tax based on the billing address province. Group Savings program rebate levels are based on the price after the 25% discount. Purdys reserves the right to modify rebate levels at any time without notice.

 

Christmas Rebate Levels (Seasonal Fundraising)

2.5% at $5,000-$9,999 (before tax and shipping) 5% at $10,000 or more (before tax and shipping)

Christmas Rebate Levels* (Group Savings) *Based on the price after the 25% discount

2.5% at $3,750-$7,499 (before tax and shipping) 5% at $7,500 or more (before tax and shipping)

Easter Rebate Levels (Seasonal Fundraising)

2.5% at $4,000-$7,999 (before tax and shipping) 5% at $8,000 or more (before tax and shipping)

Easter Rebate Levels* (Group Savings) *Based on the price after the 25% discount

2.5% at $3,000-$5,999 (before tax and shipping) 5% at $6,000 or more (before tax and shipping)

8.	Submission
8.1	The payment for the Coordinator's campaign orders will not automatically submit and close the order for processing. The Coordinator will need to finalize your order and receive confirmation through our Submission process.
8.2	Coordinator may request an add-on order after their original campaign is submitted and can’t be reopened but before the program deadline has elapsed. Only campaign orders greater or equal to $1000 for seasonal fundraising and $750 (based on the price after the 25% discount) for group savings campaigns before taxes and shipping qualify for add-on orders.
8.3	Once submitted campaign orders are processed and/or being fulfilled they can not be altered or cancelled.
8.4	Purdys reserves the right to submit a campaign or a group on the coordinator's behalf in case the campaign or group submission deadline has passed.

9.	Delivery
9.1	Any replacements in a shop or the warehouse will not be eligible to the original delivery range during the submission process and will be shipped out separately based on the availability date. The Coordinator understands this replacement does not have a guaranteed delivery date and may arrive after season.
9.2	Purdys requires a minimum amount of time to process your order, generally within three (3) business days after submission is completed, plus appropriate delivery time. However, this can change without notice based on order volumes and our resources to fulfill them.
9.3	The Coordinator's sole responsibility is to track their order on the carrier's website and communicate with the carrier regarding the delivery status.
9.4	Purdys will not accept any returns or exchanges. Purdys will only make an exception of product/order return in the case of carrier delivery mistake, and prior notification has been communicated. Purdys will arrange the pickup at its own expense.
9.5	Purdys may process the replacement of damaged items for no more than their original value. We reserve the right not to honor any future claims against the original order.
9.6	Coordinators have the option to directly pick up their orders from the Purdys warehouse in Vancouver, BC. A minimum processing time of 3 business days will still apply.
9.7	The Customer is required to provide a signature upon delivery. If there is no signature required (NSR) this must be approved only by the Coordinator agreeing to full liability and communicated to either the 3rd party carrier or the G&F Customer service team at Purdys. The Coordinator is responsible for any loss, theft, or damage to the product.
9.8	Purdys reserves the right to select a carrier of choice.

10.	Product/Order Issues
10.1	The Coordinator is responsible and will provide clear images of any broken, damaged, or product quality issues for Purdys internal review.
10.2	Coordinators shall notify Purdys about any broken or damaged product within five (5) calendar days of order delivery.

10.	Shipping & Delivery Charges by Province

Province	Estimated Transit Days	Shipping Fee	Tax
British Columbia	1-3 business days	FREE	5%
Alberta	2-4 business days	FREE	5%
Saskatchewan	2-4 business days	FREE	11%
Manitoba	3-5 business days	FREE	12%
Ontario	4-6 business days	FREE	13%
Quebec	4-6 business days	4%	14.975%
New Brunswick	5-7 business days	8%	15%
Nova Scotia	5-7 business days	8%	15%
PEI	6-8 business days	8%	15%
Newfoundland	8-10 business days	8%	15%
Yukon	7-12 business days	12%	5%
Nunavut	8-12 business days	35%	5%
Northwest Territories	4-6 business days	12%	5%
BC - V0T	8-10 business days	8%	5%
BC - V0L	4-8 business days	8%	5%

11.	Mobile Terms & Conditions
11.1	Purdys offers its customers marketing and promotional mobile alerts by SMS message (the "Service") on 1-833-976-5008. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy
11.2	Signing Up and Opting-In to the Service: Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Purdys reserves the right to stop offering the Service at any time with or without notice. Purdys also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
11.3	By opting into the Service, you: Authorize Purdys to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). Acknowledge that you do not have to agree to receive messages as a condition of purchase. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, 1-833-976-5008. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
11.4	Content You May Receive: Once you affirm your choice to opt-in to the Service on 1-833-976-5008, your message frequency may vary. You may receive alerts about: Sale promotions Event information Product launch announcements
11.5	Charges and Carriers: Standard message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. The Service may not be available on all wireless carriers. Purdys may add or remove any wireless carrier from the Service at any time without notice. Purdys and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
11.6	To Stop the Service: To stop receiving text messages from Purdys, text the word STOP to 1-833-976-5008 any time or reply STOP to any of the text messages you have received from Purdys. After texting STOP to 1-833-976-5008, you will receive one additional message confirming that your request has been processed.
11.7	Questions: You can text HELP for help at any time to 1-833-976-5008. This will provide you with 8330 Chester Street Vancouver, BC Canada V5X 3Y7 Tel: 1.888.478.739. You can also contact us at privacy@purdys.com.
11.8	Changes to Terms: These Mobile Terms and Conditions are subject to change at any time without notice. The information provided herein is for general informational purposes only and does not, and is not intended to, constitute legal advice. Please consult your own legal counsel for legal advice.

12.

Arbitration and Class Action Waiver Any dispute or claim relating in any way to your use of Purdys service will be resolved by binding arbitration, rather than court. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Purdys hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association's Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. You agree that, by entering into this agreement, you and Purdys are each waiving the right to a trial by jury and the right to participate in any class, representative, or collective proceeding. This agreement does not allow for class arbitration even if the procedures or rules of the A Awould. rather, you and we are only entitled to pursue arbitration on an individual, bilateral basis. further, and unless you and Purdys agree otherwise in writing, the arbitrator(s) may not consolidate more than one individual party’s claims with any other party’s claims and may not otherwise preside over any form of a representative or collective proceeding. You and Purdys are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Purdys, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.