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Terms and Conditions of Use and Sale

TopBrewer Canada / Café Momentum Inc. — Version in effect as of June 17, 2026

These general conditions (the “Conditions”) govern access to and use of the TopBrewer Canada website, its pages and features (the “Site”), as well as, where applicable, the purchase of products and/or services offered by Café Momentum Inc. (“we”, “our”, “the Company”).

By navigating the Site, creating an account, contacting us, or making a purchase, you confirm that you have read, understood, and agreed to be bound by these Conditions.

Summary

1. Scope of application

The Terms apply to anyone who accesses the Site, uses it, or conducts a transaction with the Company (the “Client” or “you”). Certain offers (e.g. services, subscriptions, promotions, corporate orders, rental or installation of equipment) may be subject to additional terms. In case of contradiction, the additional terms applicable to the relevant offer shall prevail.

2. Eligibility and use of the Site

You agree to use the Site in a legal, respectful manner and in accordance with the Terms. It is specifically prohibited to:

  • use the Site in a way that could harm its security, availability, or integrity;
  • introduce viruses, malware, or any other harmful technology;
  • attempt to gain unauthorized access to our systems or those of our suppliers;
  • copy, reproduce, or exploit the content of the Site for commercial purposes without written permission.

3. Account, security, and communications

If the Site allows for the creation of an account, you are responsible for the accuracy of the information provided and the confidentiality of your credentials. You agree to notify us promptly in case of unauthorized use of your account. We may, at our discretion, suspend or close an account in case of non-compliance with the Terms.

4. Content, intellectual property, and trademarks

The Site, its content (texts, images, documents, graphics, logos, videos, layouts) and the associated trademarks are protected by applicable intellectual property laws. Unless otherwise stated, they belong to the Company or are used under license. No license is granted, except for personal and non-commercial use of the Site.

5. Products and services

We may offer, among other things, equipment, accessories, coffee-related products, professional services, support and/or maintenance. Descriptions, features, photos, and availability are provided for informational purposes and may be changed without notice. Colors and renderings may vary depending on your screen.

6. Prices, taxes, and payments

Unless otherwise stated, the prices displayed on the Site are in Canadian dollars. Applicable taxes and fees (delivery, installation, handling, etc., if applicable) are added at the time of payment or confirmation. The payment methods offered may vary. We may refuse or cancel a transaction if we suspect fraud, misuse, or a manifest error.

7. Orders, availability, and errors

An order is only confirmed when you receive a confirmation from us (for example, an order confirmation or an invoice). We reserve the right to limit quantities, refuse an order, or correct any errors (price, description, promotion, availability) even after an order has been submitted. If a significant correction is necessary, we will inform you and you may choose to maintain or cancel the order, as applicable.

8. Delivery, installation, and pickup (if applicable)

Delivery, pickup or installation times (if offered) are estimates. Delays may occur for reasons beyond our control (carriers, availability, weather conditions, etc.). The risk of loss may be transferred at the time of delivery or pickup, according to the terms applicable to your order.

When installation or commissioning is offered, you agree to provide reasonable access to the premises and to comply with the technical and safety requirements communicated in advance.

9. Returns, exchanges and cancellations

Returns, exchanges and cancellations (if applicable) are subject to our return policy in effect at the time of the transaction. Some items may be non-refundable (e.g. consumable products, customized items, services rendered, special parts). For any requests, please contact us using the contact information provided in the "Contact Us" section.

10. Warranties and exclusions

Some products may be covered by a manufacturer's warranty and/or a warranty offered by the Company. The terms, limits, exclusions and procedures (proof of purchase, timelines, parts, labor) may vary depending on the product or service. Unless otherwise required by law, we exclude any implied warranty not expressly stated.

11. Limitation of liability

To the extent permitted by law, the Company shall not be liable for indirect, incidental, special, consequential or punitive damages (including loss of profits, loss of data, business interruption) arising from the use or inability to use the Site, or related to a transaction, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, our overall liability, if it were to be engaged, will be limited to the amount actually paid for the product or service that gave rise to the claim, unless otherwise provided by applicable law.

12. Links to third-party sites

The Site may contain links to third-party websites or services. We exercise no control over these contents and assume no responsibility regarding their practices, policies, or services. Use of third-party sites is at your own risk.

13. Personal information

We handle personal information in accordance with our privacy policy and applicable laws. When you use the Site, you consent to the collection, use, and disclosure of your personal information as described in our privacy policy.

14. Changes to the Terms

We may modify the Terms at any time. The version in effect is the one displayed on this page, with its effective date. By continuing to use the Site after an update, you accept the modified Terms.

15. Governing law and dispute resolution

Unless otherwise provided by mandatory law, the Terms are governed by the laws applicable in Quebec, Canada, and the federal laws of Canada that apply. Any dispute will be submitted to the competent courts of the appropriate judicial district in Quebec, unless otherwise agreed between the parties or a dispute resolution mechanism is provided for a specific offer.

16. Contact us

For any questions regarding the Terms, an order, a return, or our services, please contact us via the page Contact of our site.