The Site Operator, as defined below, authorizes access to the Site and the information, products and services offered therein, subject to the terms and conditions set forth in the Site and these Terms of Use (hereinafter – the ” Terms of Use“).
1. General:
1.1 The Terms of Use regulate the relationship, and are a binding agreement, between the Site Operator and any person or corporation or anyone surfing or viewing the Site or purchasing products or services through the Site or otherwise using the Site or the information contained therein, and subject to the provisions and conditions set forth in these Terms of Use and the Site.
1.2 Parts of the Site and these Terms of Use are formulated in masculine form for convenience only, but all of the provisions of this website and Terms of Use are intended for both men and women.
1.3 The execution of any action on the Site constitutes the User’s acceptance of the Terms of Use, including the purchase and ordering of products or services through it.
2. Definitions:
2.1 Canapes USA Inc. shall be considered interchangeably throughout these Terms of Use as “Site Operator” or “Company“. The Florida license number is CAT2329795, Company No.30-1219197.The Company’s main office is located at 9805 NW 80 Avenue, Hialeah Gardens 33016 Florida.
2.2 “The Site”: The website, canapesusa.com, and its address are wholly owned by the Site Operator. The site allows, inter alia, ordering products and food products from the Company, including sandwiches, pastries, desserts, drinks, hospitality trays, event catering, hot/cold drinks stations, soup station, service personnel, etc. which are listed in the catalog listed on the site.
2.3 “Order Form”: The form found on the site to which the User can enter the User’s details and the type of order requested by him.
2.4 “User”: Any person or corporation or body that surfs or watches or otherwise uses the Site or the information contained therein, all in accordance with the provisions and conditions set forth in these Terms of Use and the Site.
2.5 “Use of the Site”: Browsing or viewing the Site or purchasing products or services through the Site or otherwise using the Site or the information contained therein, all in accordance with the provisions and conditions set forth in these Terms of Use and the Site.
3. Introduction:
3.1 These Terms of Use shall govern the terms of service on the Site, including the execution of orders for purchase of products or services by the User, canceling orders, conditions on the terms, manner in which the products are shipped, when they are delivered, and when the services are provided.
3.2 The User is aware and agrees that the provisions and these Terms of Use shall apply to any use of the Site by the User. Upon entering the Site, the User shall be deemed to have reviewed the Terms of Use of the Site and confirmed that he agrees to the Terms of Use, including in connection with the purchase and ordering of products or services through it, without any restrictions or reservations.
3.3 The Site Operator reserves the right to update or change the provisions of the Terms of Use from time to time, at its sole discretion and without the need for any prior notice.
3.4 Any changes to the Terms of Use shall take effect from the moment it is posted on the Site, unless expressly stated otherwise.
4. Denial of access or use of the Site:
Notwithstanding the foregoing, the Site Operator may prevent any User from using the Site in any of the following cases:
4.1 If the User provided incorrect details.
4.2 If the User has committed an act or omission that harms or is liable to harm the Site Operator or any third parties, including customers of the Site Operator.
4.3 If the User has used the Services of the Site to commit an illegal act or to allow, facilitate, assist or encourage the execution of such an act.
4.4 If the User has violated the terms of these Terms of Use or any further agreement with the Site Operator or anyone acting on its behalf.
5. Sales Tax:
Subject to any law, all prices stated on the Site do not include sales tax unless expressly stated otherwise.
6. Making a reservation on the site:
6.1 A User who wishes to order products or services through the Site will be required to put them in the shopping cart by the “Add to cart” button. The order will continue by selecting the quantity of products requested for each item, selecting the mailing address, and setting the requested date and time for shipment. The shopping cart will be updated by clicking on the “Update” button. The order will be completed by clicking on the “Checkout” button and entering the full details to make the shipment, selecting a payment type and specifying notes, if any (hereinafter – “order details“). Clicking on the “Send Order” button will complete the ordering procedure.
6.2 The Site Operator is not responsible, directly or indirectly, in case the details of the order are not received in the system or any technical or other problem that prevents the User from ordering products or services through the Site.
6.3 In order for any order to be accepted by the Site Operator, it must be received on the Site Operator’s computers in a proper and orderly manner, containing all the necessary details. The Site Operator will not process orders that have not been received on their computers or were received in a disrupted way, or if all the required details have not been included or if the order includes unreadable details, even if the source of the fault is on the computers of the Site Operator.
6.4 The Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf will not be liable in any way for any error made by the User in entering any of the details of the order, and the User hereby declares and agrees that he shall have no claim or demand against the Site Operator or any of its owners or any of its employees or anyone on its behalf or anyone on their behalf, regarding the aforementioned.
6.5 The Site Operator shall be entitled to take all measures available under any law against the submitters of false details, including for damages that may be caused to the site, the Site Operator or anyone on their behalf, due to the false registration, and will also cancel any sale to that User.
6.6 The User acknowledges and accepts the Terms of Use of the Site when making any reservation.
6.7 After completing the order procedure by clicking on the “Send Order” button, the User will be sent an electronic order detail using the email address he provided at the time of booking. The details of this order were sent to confirm that the User’s details and order details were received on the company’s servers and handled by company representatives. The User does not receive this order detail to confirm the User’s order or the availability of the requested products, and the company reserves the right not to fulfill the order or contact the User to change his order.
6.8 Payment for the order shall be made by credit card. If the order is cancelled after payment is made and the products are not provided, a refund shall be made to the credit card used to pay for the order. The prices listed on the site do not include sales tax or shipping costs and other accessories (such as cutlery, serving utensils and paper goods). Shipping costs and accessories will be listed separately prior to completion of the order in the shopping cart. The price that determines the matter of the order is the price listed in the shopping cart at the time of booking.
7. Cancellation of an order or cancellation of a transaction by the User:
7.1 “Cancellation or modification of an order prior to completion” – The completion of an order will be made after receiving an order confirmation by e-mail or after a telephone conversation with the company representative who will complete the ordering process.
7.2 “Cancellation or modificationof an order after completion” – If the User wishes to change or cancel his order, and the ordering procedure has already been completed by telephone by the company representative, the User may contact the Company in one of the communication methods listed on the Site or in the Terms of Use, as long as this request is received by the Company no later than one business day prior to the requested delivery date in the order.
7.3 Cancellation of an order or offer or transaction shall only be made by writing or by fax or by e-mail directly to the service department of the Site Operator in one of the communication methods listed on the Site (“Cancellation Notice“).
8. Cancellation of an order by the Site Operator:
Notwithstanding any other remedy that the Site Operator is entitled to under any law or by these Terms of Use, the Site Operator may cancel or change any order, even after it has been approved, in accordance with any of the following conditions:
8.1 In the event that a mistake is found in the definition and characterization of the product or service, its price, availability or any other details relating to the product or service.
8.2 In case the order is accepted for a delivery date of the next business day.
8.3 In the event that the Site Operator is unable to deliver the order due to events beyond its control, including but not limited to force majeure, acts of God, strikes or other events beyond the company’s control that delay or prevent the delivery of the products in whole or in part. Such sale shall be cancelled, and the Company will not be liable and will not bear any direct, indirect, consequential or special damage caused to the User or third party.
9. Termination of activity on the Site:
9.1 Notwithstanding any other provision in these Terms of Use, the Site Operator reserves the right to immediately cease, at any time, at its sole discretion, the activity on the Site, whether temporarily or permanently, including in any of the cases listed below:
9.1.1 If it is found that illegal activity has been carried out or carried out on the Site.
9.1.2 If there was a technical malfunction which, in the best understanding of the Site Operator, prevented or could have prevented orders from being placed in connection with a particular sale or sales group by all visitors to the site.
9.1.3 In the case of force majeure, acts of war, terrorism or due to circumstances beyond the control of the Site Operator, which prevent the Site Operator from maintaining the continued proper operation of the site, including making sales in accordance with the Site’s instructions and these Terms of Use.
9.1.4 In any case in which the Site Operator’s actions were taken in contravention of the site’s instructions or these Terms of Use.
9.2 The User hereby declares and agrees that he shall have no claim or demand of any kind, against the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf in connection with the cessation of activity on the Site in accordance with this section.
9.3 The Site Operator will not cease activity in accordance with this section in order to avoid the rights or obligations of the Users who have complied with the Terms of Use.
10. Supply of products and services:
10.1 The products or services shall be provided to the User at the address he entered in the order form unless otherwise agreed with a representative of the Site Operator. The delivery date will be the date specified in the order and will be ratified in front of the company representative when the delivery dates are Monday to Friday from 7:00 to 18:00, and on Saturdays and holiday eves from 7:00 to 12:00. (hereinafter – “delivery time“).
10.2 The Site Operator will make every effort to deliver the order at the requested delivery time, subject to delays due to factors beyond the company’s control.
10.3 The final cost for making the shipment shall be detailed to the User when the order is confirmed by a representative of the Site Operator and at the time of payment for the order.
10.4 After the date of booking and before the delivery date, the Company shall allow the User to accept the order to an alternative location or allow the User to collect the order from a place determined by the Company in coordination with him. If an alternative shipment cannot be made, the cost of the order will not be refunded to the User and the company will not bear any responsibility in connection with the resulting charge.
10.5 The order shall be provided unless otherwise agreed to by the User prior to delivery date. Notwithstanding the foregoing, in the event that there were missing products at the time of delivery, the Site Operator reserves the right to supply the missing products in the order within two hours of the original delivery date or to return to the User the money paid for the missing products.
10.6 The presence of the User or anyone over the age of eighteen acting on his behalf is required at the place and time of delivery. The absence of an adult over the age of eighteen absolves the company of liability if there is a discrepancy in the order.
10.7 The order shall be provided to the User along with a packing slip or invoice. It is the responsibility of the User to verify the compatibility and integrity of the shipment prior to receipt. Receipt of such shipment shall constitute confirmation of receipt of the order in its entirety and constitute a complete waiver of any claim or demand or claim the User will have against the Company.
11. Ordered Products and Food Products:
11.1 The products provided to the User are for consumption on the day of delivery only, unless another expiration date is specified on them. The User must ensure that the products are stored under appropriate conditions after receiving the shipment, and the company will not be responsible for their condition after delivery to the User.
11.2 It is the User’s responsibility to ensure that the products in the order do not have any components that can jeopardize the health of the User or any person who is likely to consume the products in the order including allergen components. In the absence of special notice of sensitivity to certain food components, the User will have no claim or demand in regards to damage due to the consumption of the products.
11.3 The Company is not responsible for food products that are not manufactured by it and are included in the order. Claims concerning these products should be directed to the manufacturer.
11.4 According to the provisions of the Consumer Protection Law, it is forbidden to return food products after they are supplied.
11.5 Under the law, the sale or serving of alcohol to those under the age of twenty-one is prohibited. When including alcohol products on order, the User declares that he is over the age of twenty-one.
12. Promotions:
Company products may be sold as part of a promotion at different prices than those products at other points of sale. The products sold as part of promotions that will appear from time to time on the site shall be sold under the specific promotional terms and conditions of the Terms of Use for the same promotional matter.
13. User Statements and Obligations:
13.1 The User undertakes to act in good faith and honesty in connection with the use of the Site or in connection with making any order to purchase products or services through the Site and undertakes not to make any use of the Site, except as set forth in these Terms of Use.
13.2 The User declares and warrants that he is aware of these Terms of Use, read them, understood the aforementioned therein and agrees to its instructions and conditions and that he or anyone on his behalf shall have no claim or demand directly or indirectly, against the Site Operator or any of its owners or any of its employees or anyone on its behalf or anyone on their behalf.
14. Confidentiality of User Information:
14.1 The Site Operator will do its best, through the means available to him, to maintain the confidentiality of the User information on the site and prevent them from reaching other parties. However, since this is an online operation, the Site Operator cannot guarantee absolute immunity from intrusions into its computers or the disclosure of information it collects. If, despite the security measures taken by the Site Operator, any third party manages to infiltrate or misuse information relating to Users of the Site, the User will have no claim or demand against the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf regarding the aforementioned.
14.2 The Site Operator will not transfer the User’s information to a third party (insofar as these details identify him), except in the cases listed below, and the User hereby consents to the transfer of such information in any of the following cases:
14.2.1 The transfer of User information is required in order to fulfill the obligations of the Site Operator in the provisions of these Terms of Use.
14.2.2 If the User has committed an act or omission that harms or is liable to harm the Site Operator or any third parties, including the customers of the Site Operator.
14.2.3 If the User has used the Services of the Site to commit an illegal act or to enable, facilitate, assist or encourage the performance of such an act.
14.2.4 If the User has violated the terms of these Terms of Use or any further agreement with the Site Operator or anyone acting on its behalf.
14.2.5 If the Site Operator receives a judicial order instructing it to provide User information to a third party.
14.2.6 In any dispute, claim, demand or legal proceedings, if any, between the User and the Site Operator.
14.2.7 If the Site Operator merges or organizes its activities or the activities of the Site within the framework of another corporation, it will be entitled to transfer to that corporation a copy of the information stored about the User of the Site, provided that the Corporation accepts, with respect to the User, the provisions of Section 15 of this Agreement in full.
14.2.8 The Site Operator is entitled to use the User’s personal information, as he provided at the time of booking, as well as any information collected about the User when using the Site, for the purpose of producing and analyzing statistical information. The Site Operator shall be entitled to submit statistical and other data to third parties, provided that the data does not relate to or personally identify the User, and the User shall have no claim or demand against the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf regarding the aforementioned.
15. Intellectual Property:
15.1 All intellectual property rights in connection with the Site of any kind (whether it is registered rights or rights not yet registered), including patents, copyrights, designs, methods and trade secrets, the manner in which the Site is displayed and designed, its databases (including product and service lists, product and service descriptions, etc.), the site’s computer code and any other details related to the Site and its operation, as well as the domain name canapesusa.com are the sole property of the Site Operator only, and the use of all such rights is permitted to the Site Operator exclusively. Intellectual property in connection with products posted on the Site on behalf of advertisers or third parties that have permitted the Site Operator to publish such information shall be the exclusive property of the advertisers or third parties (as applicable) and may not be used without the prior written consent of the Site Operator.
15.2 Other than the Site Operator, no one may copy, reproduce, distribute, sell, market or translate any information from the Site (including trademarks, images, texts and computer code) without the express written permission of the Site Operator.
15.3 No commercial or other use of the data published on the Site, the database on the Site, the lists of products appearing therein or other details published on the Site without the prior written consent of the Site Operator may be taken to infringe upon any of the property rights of the Site Operator.
15.4 No party may use any data published on the Site for display on any website or other service, without the prior written consent of the Site Operator and subject to the terms of that consent (if granted). No party may collect data from the Site using crawlers, robots, or other software or distribute such data commercially.
15.5 The Site may not be displayed in a visible or covert frame and should not be linked to the pages within it (“depth link”), but only to the home page.
15.6 The Site may not be displayed in a different design or graphical interface than the Site Operator, except subject to its express prior written consent.
16. Limited liability of the Site Operator, compensation and indemnity:
16.1 The User declares that he is aware that the Site Operator is taking all acceptable precautions to maintain the confidentiality and security of the information contained on the Site, but due to the existence of the internet and network and computer malfunctions, there can be malfunctions that are beyond the control of the Site Operator or arising out of force majeure, and the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf will not be liable for any damage of any kind, indirect or direct, caused to the User or anyone on his behalf due to any use of the Site or if such information is lost or if it is used unauthorized.
16.2 The Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf shall not be liable in any way and will not bear any direct damage, indirect, consequential, special or other, to the User or a third party, as a result of the use or order or execution of a transaction through the Site or as a result of any other procedure or for any reason, other than in these Terms of Use. The User hereby agrees and warrants that even if it is determined by any anyone that the Site Operator bears any responsibility to the User, he hereby agrees that in any event the responsibility of the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf towards any User is limited to the amount of the transaction relevant to him and the amount of cancellation fees, to the extent that it is regarding that transaction.
16.3 The Site displays various types of products and services with different specifications and characteristics. In cases where there will be a mistake in the product specification or its definition or image or matching the image to the product or the description of the characteristics of the service or any other mistake, the Site Operator is obligated to provide only the product or service as recorded in the product title or service and not to any other presentation presented, whether inadvertently or due to a change or error made in good faith, and the User waives any claim or demand or claim against the Site Operator or any of its owners or any of its employees or anyone on its behalf or anyone on their behalf in connection with it.
16.4 The Site Operator’s records regarding the actions performed through the Site shall constitute conclusive evidence of the accuracy of the actions, including but not limited to, the type of product or service ordered, User requests and the date of delivery of the product or the date of delivery of the service.
16.5 The Site Operator does not guarantee that the site will be run without breaks and without incident and will be damage-proof, free of delays, malfunctions or failures originating from, inter alia, the hardware or software of the Site Operator or anyone acting on its behalf, or malfunctions arising from lines of communication, communication equipment or any other communication limitations, and the User shall have no claim or demand against the Site Operator or any of its owners or any of its employees or anyone on their behalf.
16.6 The Site Operator shall not be liable, in any event, by statements, explanations, oral comments and interpretations of the Site Operator’s employees or anyone else on its behalf, nor by those included in the press, or any other means of advertising or illustration, except as expressly stated in these Terms of Use.
16.7 The Site Operator shall not be responsible for the content presented and published on the Site, with regard to information originating from any third parties, and the User shall have no claim or demand against the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf regarding the foregoing.
16.8 The User agrees to compensate or indemnify the Site Operator, immediately upon its first demand, for any damages, direct or indirect or any expense incurred by the Site Operator in connection with a claim or demand arising out of the Terms of Use or use of the Site.
16.9 In situations where the Site Operator believes that the User’s use of the Site violates the provisions of the Terms of Use or any law, the Site Operator may trace the User’s use of the Site, prevent the User from accessing the Site or transfer the User’s behavior patterns on the Site to third parties who can examine such behaviors. The User shall have no claim or demand against the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf regarding any of its actions taken by the Site Operator if it believes that it is harmed by the User’s infringing activity.
16.10 The User is aware and agrees that all images displayed on the Site are for illustrative purposes only, and there may be differences and changes between the appearance of the products in the image and their appearance in reality.
16.11 Links to other websites can be found on the site. These links are for the convenience of the User and for this purpose only. The Company is not responsible for the links or websites linked to or the information contained therein. Any use or access to the links or linked sites is at the sole responsibility of the User. The Site Operator or any of its owners or any of its employees or anyone acting on their behalf will not be liable for any damage, direct or indirect, financial or other that is caused or may be caused to the User as a result of the use or reliance on the information appearing on the linked sites as stated.
16.12 The Site Operator or any of its owners or its employees or anyone on its behalf or anyone on their behalf shall bear be no responsibility for the server, through which the site works, and to the fact that the aforementioned server will be free of viruses or other components that may damage the User’s personal computer when using the Site wherever it is, and the User shall have no claim or demand against the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone on their behalf in connection with such vulnerability.
16.13 The Site Operator is not responsible for any illegal activity carried out by any of the Users of the Site or any party that has no control over it.
17. Disconnection, Discontinuation and Changes:
17.1 The Site Operator is entitled to disconnect or restrict or discontinue the provision of various services provided through the Site, at any time, including but not limited to, for the purpose of performing maintenance or construction operations to the systems.
17.2 The blocking, termination or restriction of the Services, as noted above, shall not impose any responsibility on the Site Operator or to detract from the User’s duty to act at any time in accordance with these Terms of Use.
17.3 The Site Operator may change from time to time the structure and appearance of the Site, the services, information and products contained therein, the volume and availability of the Services, the information and any other aspects involved, all without the need to notify the User.
17.4 The User shall have no claim, or demand against the Site Operator or any of its owners or any of its employees or anyone acting on its behalf or anyone acting on their behalf for making changes as stipulated in this section.
18. Customer Service:
The company’s customer service is available to Users from Monday to Friday from 9:00 to 17:00 by email info@canapesusa.com. or by phone (786)536-7676.The company can be contacted via the “Contact Us” tab on the company’s website canapesusa.com.
19. Applicable Law and Jurisdiction:
19.1 The laws of the State of Florida shall apply to these Terms of Use and the Site, and jurisdiction over legal disputes is limited solely to the courts of the State of Florida.
19.2 If it is determined by an authority or competent court that any part of the Terms of Use is invalid, then the invalidated part shall be deemed to be replaced by valid and enforceable clauses, whose content is consistent with the greater degree of proximity to the intent of the original sections, and the remaining provisions of the Terms of Use shall remain in force.
20. Special Promotion Terms & Condition:
20.1 Promotion is valid from May 24, 2021 – Aug 1, 2021 for orders made, purchased, and delivered during this time frame.
20.2 When ordering (5) trays, get an additional (1 )tray of equal or lesser price for free. Said party tray must be of equal or lesser price of any of the trays purchased. For every (5) trays purchased get an additional (1) free, purchase (10) trays get (2) additional trays free.
