Conditions d’utilisation
TERMS OF SERVICE
Last Updated: March 2026
OVERVIEW
This website is operated by The Sour Moose Inc. (also known as The Sour Moose Candy Store and www.sourmoose.ca www.sourmoose.com), a corporation incorporated under the laws of the Province of Alberta, Canada. Throughout the site, the terms “we,” “us,” and “our” refer to The Sour Moose Inc.
We offer this website, including all information, tools, products, and services available from this site (collectively, the “Service”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies, notices, and legal obligations stated herein.
By accessing or using any part of the website, or by purchasing goods or services from us, you acknowledge and agree that you are engaging in the Service and that you shall be legally bound by these Terms of Service (“Terms”).
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent and warrant that (i) you are at least the age of majority in your jurisdiction, or (ii) you are the age of majority and have provided consent for any minor dependents using this site. You are prohibited from using our products for any unlawful purpose.
Correspondence received on Mondays, holidays, or outside of business hours will be addressed the following business day.
You acknowledge that certain products may be subject to age, import, or regional restrictions and that compliance with all applicable local laws is your responsibility.
SECTION 1.1 — FAILURE TO READ / ACKNOWLEDGEMENT
It is the customer’s sole responsibility to read and understand these Terms of Service, the Shipping Policy, and the Refund Policy before completing a purchase. An “I didn’t know” or “I didn’t read the policy” claim does not exempt a customer from these binding terms.
By checking the “I Agree” box at checkout or by completing a transaction, you provide a digital signature confirming that you have read, understood, and accepted all policies in their entirety.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any lawful reason. You acknowledge that your content (excluding credit card information) may be transferred unencrypted. You agree not to reproduce, duplicate, copy, or exploit any portion of the Service without express written authorization.
SECTION 3 — ACCURACY & TIMELINESS OF INFORMATION
We do not guarantee the accuracy, completeness, or timeliness of information on this site. Any reliance on such information is at your own risk. We have no obligation to update information, and it is your responsibility to monitor changes.
SECTION 4 — MODIFICATIONS TO SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service at any time.
Non-Refundable Shipping: All shipping fees (postage, handling, fuel surcharges, etc.) are strictly non-refundable once initiated, regardless of delivery success or customer dissatisfaction.
SECTION 5 — PRODUCTS OR SERVICES
Certain items may be available exclusively online with limited quantities. We do not guarantee that your monitor’s display of colour will be accurate.
Imagery & Ingredients. We sell chocolate, candy, and soda from around the world. We do everything possible to ensure images and ingredient lists on our website are accurate; however, manufacturers frequently change packaging and formulations. We are not responsible if a product’s packaging or ingredients differ from the website image.
Personal Preferences. Taste, flavour preferences, and personal expectations are subjective and do not constitute defects. We do not offer refunds, exchanges, or credits based on dislike of taste, flavour, texture, or novelty.
Substitution Clause. If an item is unavailable, we may attempt to contact you. If no response is received within 24 hours, we reserve the right to substitute with an item of equal or greater value or refund the difference. Substitutions do not constitute a breach of contract.
Clearance / Final Sale. All clearance and discounted goods are final sale. These items may be nearing or past their best-before date. No refunds or chargebacks are permitted.
Refund Discretion. All sales are final. Any refunds or exchanges are granted solely at our discretion and handled on a case-by-case basis.
Returns / Refusals. Items sent back to us without first requesting a return will not be accepted and will be abandoned at the customer's expense.
SECTION 6 — PRODUCTS DAMAGED DURING SHIPPING
6.1 Transfer of Risk. Once an order is transferred to a Carrier (including but not limited to Canada Post, UPS, Canpar, or Purolator), all risk of loss, damage, melting, freezing, theft, or delay transfers to the customer.
6.2 Carrier Liability & Packing Standards. Parcels leave our store professionally packed and over-protected with bubble wrap and appropriate materials for standard transit conditions. As between The Sour Moose Inc. and the customer, all risk transfers once the parcel is accepted by the Carrier. As between the Carrier and the customer, the Carrier assumes responsibility for handling, transport, and delivery of the parcel. Customers are required to pursue claims directly with the Carrier for any damage, loss, or mishandling occurring in transit.
We will assist by providing documentation, photos, and order records required for Carrier claims; however, we do not issue direct refunds or replacements for Carrier negligence. Carrier investigations may take weeks or months, and we do not control or expedite this process.
6.3 The “No Liquid Claim” Rule. Couriers generally do not accept insurance claims for beverages or liquid products. By purchasing sodas or liquid treats, the customer knowingly assumes 100 percent of the risk for leaks, bursts, or pressure-related damage during transit.
6.4 Pre-Order Responsibility. It is the customer’s responsibility to ask questions regarding product sensitivity before ordering and to select and pay for ice packs and/or expedited shipping for temperature-sensitive items.
6.5 Force Majeure & Delays. We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to weather conditions, carrier backlogs, labour disruptions, customs delays, or acts of God. Shipping delays do not constitute grounds for refunds, chargebacks, or replacements.
6.6 Reporting Deadlines & Evidence. Claims for incorrect, missing, or visibly damaged items must be reported within 48 hours of delivery and must include clear photo evidence of the box your order arrived in, the shipping label, and full contents. Customers must retain all original packaging and damaged items until the claim process is complete, as Carriers may require a physical inspection. Claims submitted without these photos or after the packaging has been discarded will be denied.
SECTION 7 — BILLING & ACCOUNT ACCURACY
We reserve the right to refuse or cancel any order, including orders associated with the same IP address, billing address, or payment method. You agree to provide current, accurate, and complete purchase information.
SECTION 7.1 — CUSTOMER CONTACT INFORMATION & RESPONSE REQUIREMENT
Customers must provide a valid and accurate email address and phone number at checkout. We may need to contact you regarding your order, including but not limited to address clarification, shipping adjustments, product availability, substitutions, payment issues, or fraud prevention/verification.
We may contact customers by email or telephone only. The Sour Moose Inc. does not send SMS or text messages regarding order status or shipping updates.
If we are unable to reach you, or do not receive a response within 48 hours of our first contact attempt, we reserve the right to cancel the order, cancel the affected portion of the order, issue store credit, substitute an item of equal or greater value, or refund the applicable portion, at our discretion, in order to prevent delays and maintain fulfillment timelines.
SECTION 8 — OPTIONAL TOOLS
We may provide access to third-party tools (plugins or integrations) on an “as is” and “as available” basis, without warranties. Use of these tools is entirely at your own risk.
SECTION 9 — THIRD-PARTY LINKS
We are not responsible for examining or evaluating content from third-party websites linked on our site. Complaints regarding third-party goods or services must be directed to the applicable third party.
SECTION 10 — USER SUBMISSIONS & MEDIA
10.1 Rights to Content. If you submit suggestions, ideas, or reviews, or if you tag us in or send us videos or photos via social media, email, or other channels, you grant The Sour Moose Inc. an unrestricted, royalty-free, perpetual right to use, edit, and publish that content for marketing or other purposes without restriction or compensation.
10.2 Content Monitoring. We reserve the right, but not the obligation, to monitor, edit, or remove content that we determine, in our sole discretion, is offensive, unlawful, threatening, libellous, defamatory, or otherwise violates any party’s intellectual property rights or these Terms.
10.3 User Responsibility. You are solely responsible for the legality, accuracy, and originality of your submissions and represent that they do not violate the rights of any third party.
SECTION 11 — PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy:
https://sourmoose.ca/privacy-policy-2/
SECTION 12 — ERRORS & OMISSIONS
We reserve the right to correct typographical errors, inaccuracies, or omissions and to cancel orders if any information in the Service is inaccurate, even after an order has been submitted.
SECTION 13 — PROHIBITED USES
You are prohibited from using the site for unlawful acts, intellectual property infringement, harassment, or submitting false information. Products are sold for personal use only and may not be resold without prior written authorization.
Conduct Clause. Abusive, profane, or derogatory language toward our staff will result in immediate termination of service and cancellation of pending orders without refund.
SECTION 14 — LIMITATION OF LIABILITY
The Service and all products are provided “as is.” The Sour Moose Inc. shall not be liable for any direct, indirect, incidental, or consequential damages, including loss of profits, arising from your use of the Service.
SECTION 15 — INDEMNIFICATION
You agree to indemnify and hold harmless The Sour Moose Inc. from any claim, demand, or legal fees arising out of your breach of these Terms or violation of any law.
SECTION 16 — SEVERABILITY
If any provision of these Terms is deemed unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
SECTION 17 — TERMINATION
We may terminate this agreement at any time without notice if you fail to comply with any term. You remain liable for all amounts due up to the date of termination.
SECTION 18 — ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and The Sour Moose Inc.
Non-Waiver. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision in the future.
SECTION 19 — GOVERNING LAW
These Terms are governed by the laws of the Province of Alberta, Canada. Any disputes shall be brought exclusively before the courts located in the judicial district of Tofield, Alberta.
SECTION 20 — CHANGES TO TERMS
We reserve the right to update these Terms at any time. Your continued use of the site following any changes constitutes acceptance of those changes.
SECTION 21 — CONTACT INFORMATION
Questions must be submitted in writing to:
info @ sourmoose.ca
SECTION 22 — SHIPPING NON-REFUNDABILITY
Shipping costs are consumed at the time of initiation and are 100 percent non-refundable for returned, undeliverable, delayed, seized, or damaged shipments. No exceptions.
For clarity, this section supplements and reinforces the Non-Refundable Shipping provisions set out in Section 4.
SECTION 23 — FINAL SALE & BEST BEFORE DATES
23.1 “As Is” Status. Clearance and discounted items are sold “as is.” By purchasing, you waive any right to return, refund, or dispute these items.
23.2 Legal Distinction (Health Canada / CFIA). In accordance with the Food and Drugs Act and CFIA guidelines, a “Best Before” date is a quality indicator, not a safety expiration. It is legally permissible in Canada to sell shelf-stable goods past their best-before date.
23.3 Disclosure, Date Formats & Human Error. We strive to ensure best-before dates are listed accurately online; however, we are human and may occasionally miss one. In-store, if an item approaching its date is not marked down, this is unintentional. Bring it to our attention and we will address it promptly. All sale and clearance items remain final sale regardless of the best-before date.
Customers must also understand that best-before dates are formatted differently in various countries (including, but not limited to, DD/MM/YYYY, MM/DD/YYYY, or YYYY/MM/DD). As we sell imported products from around the world, an item may appear expired when, in fact, it is not. It is the customer’s responsibility to verify date formats before assuming a product is past its best-before date. Differences in international date formatting do not constitute grounds for refunds, disputes, or chargebacks.
SECTION 24 — TRANSIT & WEATHER RISK
24.1 Carrier Responsibility. We file claims with Carriers to hold them accountable, as they assume full responsibility once they accept the parcel. Weather-related damage is not considered a product defect.
24.2 Ice Pack Policy. We strongly recommend ice packs and expedited shipping during warmer months. We reserve the right to add ice packs to orders and hold parcels until the invoice is paid.
24.3 Opt-Out. If a customer declines ice packs and acknowledges that they assume all responsibility, we will ship the order; however, the customer assumes 100 percent of the risk for melting.
24.4 Claim Timelines. Courier investigations may take months. Harassment of our staff will not expedite the process and may result in a violation of Section 26.
SECTION 25 — CHARGEBACKS & FRAUD PREVENTION
25.1 Prohibition. You agree not to initiate a chargeback for taste preferences, weather-related damage, or shipping delays.
25.2 Consent to Disclosure. You expressly consent to the disclosure of personal and transactional data, including billing details (excluding full card numbers), delivery confirmations, correspondence, and Carrier records, as required for fraud prevention, dispute resolution, chargeback proceedings, or legal enforcement.
25.3 Evidence Authorization. You authorize The Sour Moose Inc. to submit order records, delivery confirmations, agreement logs, IP addresses, correspondence, and Carrier tracking data as binding evidence of fulfillment in any dispute or chargeback investigation.
25.4 Debt Survival. A successful chargeback does not erase the debt. We reserve the right to pursue the balance, plus applicable legal and collection fees, through Alberta Small Claims Court.
25.5 Dispute Resolution. You agree to contact us before initiating a chargeback. Credits cannot be issued until a Carrier investigation has reached a final determination.
SECTION 26 — ZERO TOLERANCE & PROFESSIONAL CONDUCT
We insist on a professional and safe environment for our staff and representatives.
26.1 Definition of Abuse. We maintain a strictly enforced Zero Tolerance Policy toward any form of abuse, including swearing, insults, racial or gender-based slurs, threats, or persistent harassment.
26.2 Sexual Harassment & Abuse. We maintain a workplace free from sexual misconduct, including unwelcome physical touching, inappropriate or suggestive gifts, sexual comments or innuendos, comments regarding appearance, or any behavior creating a hostile environment.
26.3 Digital Harassment. Sending inappropriate or explicit images or content to our staff will be reported to legal authorities immediately.
26.4 No “Abuse for Refund.” Threats of negative reviews intended to coerce a refund contrary to our policies will result in an immediate cessation of all support.
26.5 Strict “No Gift” Policy. To maintain professional boundaries and ensure staff safety, employees and owners are prohibited from accepting personal gifts, flowers, or packages from customers.
SECTION 27 — ORDER VERIFICATION
We reserve the right to cancel orders flagged as high risk. High-value orders may require a photo of the cardholder’s identification, with sensitive information obscured, to confirm the purchase. Failure to verify will result in immediate cancellation.
By placing an order with The Sour Moose Inc., you acknowledge that you have read, understood, and agreed to these Terms of Service.