Last updated date : 06/12/2025

These terms and conditions (these "Terms") are the only terms which govern:

• the purchase or rent of the coffee machine(s) and related equipment ("Equipment");
• the purchase of coffee goods to be used in relation with the Equipment ("Products"); and
• the provision of installation, repair and maintenance services ("Services")

by Van Houtte Coffee Services Inc. ("VHCS", "we", "us" or "our") to the company identified in the order ("you" or "your"), through this website (the “Site”).

These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last updated date" stated above.

PLEASE NOTE:

Section A of these Terms apply only if you are purchasing the Equipment and/or Products.

Section B of these Terms apply only if you are renting the Equipment.

Section C applies to all orders, whether you are purchasing or renting the Equipment and Products.

A - Purchase of Equipment and Products

1. You agree to purchase the Equipment, Products and related Services from us at the price(s) advertised on the Site at the time the order is placed, subject to any applicable promotions or discounts. The prices charged will be clearly stated in your order confirmation but remain subject to the terms of article 25 hereof. Posted prices are exclusive of: i) all harmonized sales tax, goods and services tax, sales tax, value added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you (“Taxes”) and; ii) charges for shipping and handling of the Equipment and Products (“Charges”). You agree to be solely responsible for all such Taxes and Charges.

2. Payment Terms. Terms of payment are within our sole discretion and, payment must be received by us before our acceptance of an order. We accept approved credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all Taxes and Charges, if any, regardless of the amounts quoted on the Site at the time of your order.

3. Shipment and Delivery. We will arrange for shipment and delivery of the Equipment and Products to you, at the address specified in the order confirmation.

4. Title to and Risk of Loss. Title to and risk of loss of all Equipment and Products ordered passes from VHCS to you upon the delivery of such Equipment and Products to the delivery address indicated in the order confirmation.

5. Installation services are not included in the purchase price of any Equipment and must be purchased as an additional item in any order. Prior to making an Equipment purchase, should you not have the resources to install the Equipment yourself or wish to have us install the Equipment in your premises, you must verify that the installation services are available in your area on our Site. If such services are not available in your area and you nonetheless decide to purchase the Equipment, you will not be eligible to make a claim for refund of the Equipment. Maintenance services are not included in the purchase price of any Equipment.

6. Limited Warranty. The Equipment purchased on the Site are covered by the manufacturer’s warranty, a copy of which will be included in your order. If you choose to purchase Equipment that requires to be connected directly to a water supply, this warranty applies only if you also purchase and install the filter that is recommended at the time of purchase for use in connection with the Equipment. This warranty applies only if the Equipment has been maintained by you in accordance with the maintenance instructions provided.

7. Return and Refund of Equipment. You understand and accept that the only reasons that will be deemed acceptable for the return and refund of any Equipment that you have purchased are: (i) the Equipment was delivered to you in a damaged state; or (ii) the Equipment that was delivered does not correspond to the model and color of the Equipment ordered, as indicated in the order confirmation. Any return request must include photos of the damaged Equipment and be submitted to us within thirty (30) days of the Equipment’s delivery at: INSIDESALES@KDRP.COM, otherwise the return or refund request may be rejected by us, in our sole and absolute discretion.
8. You hereby undertake to indemnify, hold harmless and defend VHCS, its affiliates, and its and their respective officers, directors, owners, employees, contractors and agents from and against any liability arising out of or in connection with your or any third party’s use or misuse of the Products, Equipment or any water or electricity connected to the Equipment (each a “Connection”), the breach of any of your representations and warranties hereunder, and any act or omission of you, your affiliates, and their officers, directors, owners, employees, contractors or agents.

9. Limited Liability. VHCS shall not be liable to you or any third party for damages, losses, fees, expenses, loss of revenue or lost profits, personal injury, property damage or other claims or causes whatsoever that may arise directly or indirectly from the Equipment, Product or Connection or any breach, imperfection, defect, improper performance, insufficient performance or any interruption of service or use of the Equipment or Connection. VHCS is not responsible for any claim whatsoever arising from the use or consumption of the Equipment or Products. VHCS’s liability of any nature whatsoever is limited to bodily injury or death attributable to its own fault or negligence.

B – Rental of Equipment and Purchase of Related Products

10. Rental Fees. The monthly rental fees to be paid by you for the Equipment are those indicated on the Site at the time of the order. The rental fees charged will be clearly stated in your order confirmation but remain subject to the terms of article 25 hereof. Posted rental fees are exclusive of: i) all harmonized sales tax, goods and services tax, sales tax, value added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you (“Taxes”) and; ii) charges for shipping and handling of the Equipment and Products (“Charges”). You agree to be solely responsible for all such Taxes and Charges. Rental fees may be increased with a thirty (30) days’ written notice to you. If you do not agree to the increase, you must notify us in writing of such and your rental will terminate at the end of the notice period.

11. Payment Terms and Automatic Billing. We will issue to you a monthly invoice detailing the total amount payable for the rental of the Equipment at the email indicated in the order confirmation. The invoices will also be available in your Customer Center Account. You agree that the credit card information provided in the order shall be saved in our systems for automatic payment processing and that the Rental Fees, Product prices, Service fees and any other amounts, Taxes and Charges due will be charged to said designated payment method on a monthly basis.

12. Late Payments. VHCS may impose interests on any late payments, at the highest rate permissible under applicable law. Buyer shall also reimburse Seller for all costs incurred in collecting any late payments, including legal fees.

13. The rental of Equipment includes installation Services at your delivery address, at the price indicated in the order confirmation and, if no price is indicated, at no extra cost. To allow us to provide such Services, you must provide a phone number at which we can reach you and be prepared to provide all requested measures and necessary utilities to a point within five (5) feet of each item of Equipment and will be responsible for the cost of such utilities. You agree that we may need to install new piping and a water supply systems at the time of the installation of the Equipment and that such connections will be at your expense. Upon termination of the rental, you agree and understand that we will leave such connections at your premises and their removal will be at your discretion and charge.

14. Your Commitments. During the Term, you undertake to:
    1. ensure daily maintenance of the Equipment in compliance with the manufacturer's recommendations;
    2. use your best efforts to adequately protect the Equipment against any theft, vandalism, misuse and other damages by its employees or any third party and will immediately inform us of any incident in connection with the Equipment;
    3. ensure that your employees and any other person using the Equipment in your premises understand how to use it to avoid injury and damage;
    4. communicate any information required to allow us to carry out its obligations hereunder; and
    5. allow for and provide us or any third party engaged by us the information and access to the Equipment at all times to ensure that all obligations hereunder are complied with and the provision of any services required.

15. The initial term of the rent of the Equipment shall be of one (1) month, starting from the date of the installation thereof at your premises. The rent will automatically renew for successive additional periods of one (1) month (the initial term and each additional period, a “Rental Period”) until the rental is terminated in accordance with the terms of article 16 hereof. The Rental Periods together constitute the “Term”.

16. These Terms may be terminated:
    1. for convenience, by either party, following the initial term, by a written notice of not less than thirty (30) days;
    2. in the event either party fails in any material respect to perform its obligations under these Terms, including the non-payment of any and all amounts owed by you pursuant to these Terms, after a written notice is given and the breach is not cured within thirty (30) days;
    3. immediately upon written notice to you by VHCS, if you breach of any of the provisions of articles 14, 18, 27, 28 or 30 of these terms; and
    4. automatically, in case of the bankruptcy or insolvency of either party.

The termination rights set forth herein constitute the parties’ exclusive termination rights. You hereby exclude and waive any and all other termination rights under the applicable law, including, without limitation, for convenience and similar termination rights.

17. Termination consequences. Upon termination of the rental, you shall allow us to enter in your premises and take immediate possession of all Equipment constituting our property, together with all technical and promotional materials and any other documents supplied by us in connection with the Equipment. You will immediately pay all amounts then owed or payable to us.

18. Ownership of Equipment. You acknowledge that the Equipment is and remains the exclusive property of VHCS and you undertake not to displace, remove, modify, alter, mortgage, pledge, rent or transfer the Equipment or remove any indication of our ownership placed on the Equipment during the Term.

19. Title and Risk of Loss of Products. Title to and risk of loss of all Products initially purchased with the rented Equipment passes from VHCS to you upon the delivery of such Equipment and Products to the delivery address indicated in the order confirmation.

20. Limited Warranty. During the Term, provided that you have strictly abided by the commitments set forth in article 14 hereof and any damage, defect or improper function of the Equipment is not a result of your (including your employees and any other person having used the Equipment in your premises) acts or omissions, VHCS will provide any repair services necessary for the Equipment to be in good working order. Notwithstanding the foregoing, VHCS will not be responsible for, and you agree to hold VHCS harmless of any and all direct and indirect damage, any downtime resulting from the malfunctioning Equipment.

21. You hereby undertake to indemnify, hold harmless and defend VHCS, its affiliates, and its and their respective officers, directors, owners, employees, contractors and agents from and against any liability arising out of or in connection with your or any third party’s use or misuse of the Products, Equipment or any water or electricity connected to the Equipment (each a “Connection”), the breach of any of your representations and warranties hereunder, and any act or omission of you, your affiliates, and their officers, directors, owners, employees, contractors or agents.

22. Limited Liability. VHCS shall not be liable to you or any third party for damages, losses, fees, expenses, loss of revenue or lost profits, personal injury, property damage or other claims or causes whatsoever that may arise directly or indirectly from the Equipment, Product or Connection or any breach, imperfection, defect, improper performance, insufficient performance or any interruption of service or use of the Equipment or Connection. VHCS is not responsible for any claim whatsoever arising from the use or consumption of the Equipment or Products nor for any Services rendered by VHCS. VHCS’s liability of any nature whatsoever is limited to bodily injury or death attributable to its own fault or negligence.

C - Provisions Applicable to All Orders

23. Placing an Order. By placing an order for products or services from this Site, you represent having the legal authority to bind the company indicated in the order to these Terms and accept, on its behalf, to be bound by them.

24. Acceptance of Order. You agree that your order is an offer to buy or rent, under these Terms, all Equipment, Products and Services listed in your order. All orders must be accepted by us or we will not be obligated to sell or rent the Equipment, Products or Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. If we reject your order, we will refund you any amounts that we may already have charged you.

25. Correction of errors. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event an Equipment, Product or Service ordered is no longer available, not available at the advertised price or Rental Fee, or if the price has increased, we may decline your order or we may contact you to confirm whether you would like to continue with your order given the new availability and pricing information.

26. Customer Center Account. After placing an order on our Site, you will receive an email asking you to create an account for our Customer Center, where you will be able to shop for more products, view your order history, see your invoices and statements and request Services in relation to the Equipment (the “Customer Account”). You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.

27. Accurate and current information. In connection with placing an order or setting up your account, you may be asked by us or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide us or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any Equipment, Product or Service. Any email address, account user and credit card information provided in relation to the rental or purchase of Equipment shall be kept up to date on your Customer Account.

28. Equipment and Products Not for Resale or Export. You represent and warrant that you are buying Equipment or Products from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.

29. Returns and Refunds of Products. All defective or damaged Products returned to us will be replaced at no cost and shipped prepaid to the you, except if such damage or defect is attributable to your acts or omissions or those of a third party. Any return request for Products must be submitted to us within thirty (30) days of their delivery at: INSIDESALES@KDRP.COM], otherwise the return or refund request may be rejected by us, in our sole and absolute discretion.

30. Intellectual Property. You acknowledge the validity of and VHCS’s ownership of the intellectual property (including the patents, copyrights, trademarks of VHCS and its affiliates) embodied in the Equipment and Products (the “Intellectual Property”) and that such Intellectual Property remains vested in VHCS, notwithstanding any purchase or rent of Equipment or Products. We hereby grant you a limited, nonexclusive and royalty‐free right and license to use the Intellectual Property for the sole purpose of using the Equipment and Products at your premises and strictly prohibit that you, directly or indirectly, reverse engineer, disassemble, decompose, have analyzed or use the Equipment or Products in any other way than for the purpose of consuming them within your premises.

31. Privacy Policy. Our Privacy Policy, available at governs the processing of all personal data collected from you in connection with your purchase of Equipment, Products and Services through this Site.

32. Force Majeure. We will not be liable for delay in or failure to fill any order or perform any Services arising out of any event or occurrence beyond our reasonable control, including but not limited to, an act of God, war, terrorist attack, natural disaster, government order or shutdown, pandemic, epidemic, fire, strike or any other cause beyond our reasonable control which makes performance impossible, provided that we deploy good faith efforts to remedy the lack of performance.

33. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule whether of the Province of Ontario or any other jurisdiction and notwithstanding your domicile, residence or physical location.

34. You agree that you will allow us a reasonable opportunity to address any claim you may have before commencing any proceeding against us. Any action or proceeding arising out of or relating to this the rental, purchase, use or provision of Equipment, Products or Services or these Terms will be instituted in the courts of the District of Montreal in the Province of Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

35. 1. To You. We may provide any notice to you under these Terms by sending a message to the email address you provide in the order and consent to us using or by sending you a letter to the delivery address set forth therein. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

1. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to 8215 17e Ave., Montréal, QC Canada H1Z 4J9 , to Van Houtte Coffee Services Inc. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

36. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of VHCS.

37. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this article 37 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms

38. If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

39. Entire Agreement. Our order confirmation, these Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.