Conditions of Use
Introduction
Welcome to the Maison d'Herbes website (the “Website”). This Website is owned and operated by the Groupe La Feuille Verte Inc. The Groupe La Feuille Verte Inc. and its parent and affiliated and subsidiary companies will be referred to as “LFV”, “Maison d'Herbes”, “Us” and “We”. Except otherwise noted herein, these terms and conditions (the “Terms”), govern your use of the Maison d'Herbes Website. We reserve the right to make changes to the Website and to these Terms and Conditions of Use from time to time. You must please read the following Terms and Conditions of use, along with our Privacy Policy and all terms, conditions and waivers found on the Website. Please read these conditions and terms attentively. These conditions apply to all users of our website, including, but not limited to browser users, and users who purchase products on our website. Your use of this website constitutes your agreement to follow and be bound by these Terms and Conditions, including our Privacy Policy. If you do not agree to these Terms and Conditions, you are not authorized to access our website, to use our website or to make a purchase from our website.
By using this website, you declare and warrant to do so only in the manner expressly described in the Conditions and Terms of Use and subject to all applicable laws and rules, including but not limited to copyright laws. This Website is made available to you for your lawful, personal use only. Using the Website for any other purpose or in any other manner or unlawful purposes is strictly prohibited. When using this Website, you declare and warrant that you have reached the age of majority, in your state or province, and that you can form legally binding contracts under applicable law.
You agree that you will not attempt to interfere in any way with the Website or Maison d'Herbes networks or network security, or attempt to using the Website’s services to gain unauthorized access to any of our systems or other computer systems.
General terms and conditions
We reserve the right, for any reason and without advance notice, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features, products and services offered. We may also impose additional rules or limits on the use of certain features of the Website. You accept to review these Terms and Conditions regularly and are bound by such revisions by continuing to use or visit the Website after they are posted online.
You accept and warrant that we reserve the right to do the following, without prior notice or liability to you or any other person: terminate, change, suspend, modify or discontinue any aspect of the Website, including, but not limited to, content, features, products and services offered. We have the right to assign these Terms and Conditions to anyone for any reason. You may not assign the Terms and Conditions without our prior written consent.
User accounts
You have to register to a user account to purchase products on this Website. When registering for your user account, you must provide accurate and complete information. You are solely responsible for keeping your user account and password secure and for any activity that occurs on your user account. You must notify us immediately of any unauthorized use of your user account. We will not be liable for your losses caused by any unauthorized use of your user account.
Ownership/restrictions on use
Groupe La Feuille Verte Inc. or its licensors own all intellectual property rights, including without limitation, copyright and trademark rights, in all materials on or comprising the Website (“Content”), including, without limitation, all written material, graphical elements and logos. All of the above-mentioned content is protected by Canadian and international copyright and trademark laws. Nothing appearing on the Website shall be interpreted as granting, by implication, estoppel, or otherwise, any licence or right to use any of the material on this Website except: (a) as expressly provided in these Terms and Conditions; or (b) with our prior written consent. You are not authorized to bypass or try to bypass the guidelines and restrictions on this Website.
Orders
We reserve the right to reject any order. If your order is cancelled or modified, we will do our best to contact you using the email provided when you made your purchase. We reserve the right to limit or restrict orders, including those seemingly placed by resellers or distributors.
Payment
All credit cards must be valid, authentic and you must be the authorized user. If a payment is declined or unauthorized, we reserve the right to cancel your order without prior notice or liability towards you. We reserve the right to modify our payment options without prior notice.
Prices and fees
All prices and other fees appearing on our Website are subject to change without notice. Except when otherwise noted, all prices and fees indicated on our Website are in Canadian dollars and do not include applicable sales taxes and shipping and handling fees.
You are responsible for any payment (including fees and applicable sales taxes) due for any products that you purchase on the Website using a valid payment method. If your payment method is declined, or if your account is overdue, we reserve the right to collect overdue fees using other collection methods.
The products added to your cart always reflect the most recent price displayed on the product detail page. This price can differ from the price displayed when you added it to your cart. Placing a product in your cart does not warrant the price displayed at that time. It is possible for a price to decrease between the moment you add it to your cart and the moment you make your purchase.
Based on the shipping address provided with your order, fees will be calculated and added based on federal and provincial sales taxes applicable to your location. When necessary, applicable sales taxes will be added to shipping and handling fees.
Product description and availability
We reserve the right to change the attributes, specifications, prices of products and products without prior notice. We do not warrant that any of the content of the Website is accurate, exact, complete or accurately priced. We reserve the right to modify, without prior notice, the information related to prices, product description or product availability. Although we have made every effort to display our products and their colours as accurately as possible, the displayed colours of the products depend upon the monitor of the user, and we cannot guarantee that the user’s monitor will accurately portray the actual colours of the products. Display of products on this Website does not guarantee their availability at any given time.
No refunds
All sales are final. We do not offer refunds or exchange for products purchased from our Website.
Shipping
All items purchased on this Website are done following a shipping contract. This means that the liability regarding loss and title of these items will be transferred to you when the carrier makes the delivery.
Linking
Links to other websites are provided solely for your convenience. We do not endorse, control or take responsibility for any website linked to our website or for their content, products, services or for any third party mentioned. If you decide to access linked websites, you do so at your own risk and we will not be liable in any way for any loss or damage which you may suffer by using these links. Without limitation to any of the above, links to any press release, media coverage, financial website or analysis does not mean we endorse the opinions, analysis or projections made in these documents.
Accuracy of information
Please note that our Website may contain misprints, errors, inaccuracies, omissions, incomplete information or information needing to be updated. We reserve the right, without prior notice, to correct any error, inaccuracy or omission and to modify or update any information (including after an order). Such errors, inaccuracies or omissions can relate to product description, fees, charges, promotional offers or product availability. We reserve the right to cancel or terminate any order, including accepted orders for any of these reasons.
We do not guarantee that the information on this Website will be updated, modified or clarified unless obligated by law.
Liability exclusion and limitation
You assume all responsibility and risk with respect to your use of our Website and the content, information and products purchased, which are provided “AS IS” and Maison d'Herbes disclaims all warranties, conditions, representations and endorsements of any kind, either express or implied, including, but not limited to, any warranties concerning the availability, accuracy, completeness, uninterrupted access and warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that the Website or its functions thereby will be timely, secure, uninterrupted or error-free, or that the defects will be corrected or that our Website or our servers will be free from viruses or other harmful components.
The use of our Website is at your own risk and you are solely responsible for any costs related to damage or loss related to your use of our Website. We are not responsible for any type of damage related to the use of our Website.
In no event shall we, or any of our affiliates, our service or content providers, administrators, directors, agents, entrepreneurs, suppliers or employees, be liable to you or a third party for any indirect damages, losses, causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise, strict liability or any other theory or law or equity) arising from or in any way related to the use of, or the inability to use, or the performance of the site or the content and materials or functionality on the
Website, or of our products or of the content and materials available through our Website, or from the errors or inaccuracies of the materials on our website, including, without limitation, loss of revenue, or anticipated profits, or lost sales or business, or costs related to the purchase of replacement products, services or information, or loss of data or any other type of damage (material or physical). These limitations apply even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. Accordingly, some or all of the above exclusions, limitations or provisions may not apply to you, in which case our liability shall be limited to what is permitted by law.
Indemnity
You agree to indemnify and hold harmless Maison d'Herbes and its affiliates from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting in any way from your use of this Website, of any product available on our Website or from your violation of the Terms and Conditions or any applicable law or regulation.
Disclaimer
We have no control over credit card providers or other payment method providers, therefore, you accept all risks inherent to online payment. We (or our affiliates, our service or content providers, administrators, directors, agents, entrepreneurs, suppliers or employees) shall not be liable to you for any damages or claims (real and consecutive), of any nature, disclosed or undisclosed, known or unknown, now and in the future, resulting from your use of services offered by these third parties.
Termination
We reserve the right, without prior notice, to restrict your access to part, or all of the Website. The cause of this restriction must include, without being limited to, violation of these Terms and Conditions or other violations, interruption or modification to the website (or part of the Website) or problems or technical problems or unforeseen security or legal issues.
Forward-looking information
This Website and the documents available on this Website contain forward-looking statements. Forward-looking statements often, but not always, include words such as "plans", "intends", "believes", "can", "will’, "expects", "estimates", or words and terms of similar substance and declare that certain actions, events or results "can", "could", "will" or "should" happen. Forward-looking information requires us to make assumptions and are subject to inherent risks, uncertainties and other factors that could cause our actual results or accomplishments to differ from the results, accomplishments and predictions initially stated. Although we believe our forward-looking statements are based on reasonable assumptions, we cannot guarantee that they are accurate because the results and future accomplishments can differ due to external factors. As a consequence, readers should not place undue reliance on such forward-looking statements.
Agreement
These Terms and Conditions of use (and any other legal notices or statements mentioned these Terms and Conditions) constitute the entire agreement between you and us and govern your use of the Website, and they supersede any prior agreements (written or verbal) between you and us, unless otherwise noted in these conditions.
Waiver
Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of that right or provision. No waiver by us of any default hereunder will operate as a waiver of any subsequent default. No waiver is effective unless it is put in writing by us.
Applicable laws
If any disposition in these Terms and Conditions of Use shall be declared unlawful, void, or for any reason unenforceable, then such disposition shall be severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining dispositions.
These Terms and Conditions of use, our Privacy Policy, the use of our Website or of our available products and services are governed by and construed in accordance to the laws of the Province of Quebec applicable therein, and any dispute is to be submitted exclusively to a court of competent jurisdiction in the judicial district of Drummondville, Province of Quebec.