TERMS OF SERVICES & CONDITIONS
This website is operated by Hortinova Seeds. Throughout the site, the terms “we”, “us” and “our” refer to Hortinova Seeds. Hortinova Seeds offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Due to the fluctuation of the Canadian dollar, we reserve the right to adjust the prices listed on our website and catalogues without notice. Although every precaution is taken, errors in prices and/or specifications may occur on our website and printed catalogues, so we reserve the right to rectify imprinting, typing or other errors.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – SEED GUARANTEE
All varieties in our assortment have been strictly developed through non-GMO plant-breeding methods. We guarantee that our seeds follow the regulations of the Provincial and Federal laws in effect. All our seeds are tested for purity and germination prior to sale. Seed test certificates are available upon request for review. It is our policy to notify you if a problem exists or develops with any lot of seed. The seed that we sell is meant to be grown in soil or professional growing media using good farming practices. We are not a source for seed meant for human or animal consumption. Farming is risky business; we therefore highly advise to conduct small scale on-farm trials before venturing into commercial scale production. Your acceptance of our guarantee acknowledges that growing results depend on climatic and environmental conditions as well as cultivation practices; therefore, we will not be held responsible for the loss of the product, loss of revenue or any other peculiar or indirect damage. We will not be responsible for the results of the crop and its yield. If a human mistake is made during packaging, we limit our liability to the purchase price of the seed. As a condition of admitted responsibility, we must receive, by registered mail, the claim that the seed is faulty, 30 days after the discovery of this defectiveness. By accepting the seed, the buyer acknowledges that the limited guarantee described above is an agreement of sale between Hortinova and the buyer. If this limited guarantee is not acceptable for the buyer as a condition of sale, the buyer must not proceed with the sowing and must return the seed, in its original, unopened packaging for the purchase price to be reimbursed to the buyer.
SECTION 6 – PRODUCTS OR SERVICES
- SPECIAL ORDERS
You may contact us at any time to inquire about the availability of specific varieties and to discuss your requirements. We’ll get back to you with varieties recommendations, availability, pricing, and logistics.
All special custom orders must be pre-paid and are not refundable.
- CROP FAILURES AND SUBSTITUTIONS
Seeds are live products. When taking your order, it may be possible that our seed suppliers experience a crop failure or a shortage of seed. In this case we will inform you in advance to discuss your preference for a variety substitution or refund your money.
Please place your orders before December 1st of each year to allow us to place orders with our suppliers early in the season. Some products may experience delays to be received from our suppliers. When this occurs, we will clearly communicate it to you and inform you when the product becomes available and the earliest possible time we can ship your order.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- PRODUCT ILLUSTRATIONS
Images shown on our website, catalogues or packaging are for illustration purposes only. Actual results may vary due to variations in growing conditions.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
For each order, a confirmation will be sent by email. If you do not receive this confirmation, or if you notice any error in the document, quickly notify us as soon as possible so that the situation may be rectified.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 – PAYMENTS TERMS
- PAYMENT METHODS
We accept credit card payments through our online shop. We accept additionally payments by cash, e-transfer, or certified cheque for orders placed with retail partners. We reserve the right to delay shipment of order until the cheque clears the bank. Bank transfers are also acceptable but please warn us of the transfer so we can be sure to apply it to the correct account. Do not send cash by mail because we cannot accept responsibility for its loss.
- CREDIT ON INVOICES
When there is a credit remaining on your invoice due to overpayment, it is kept on your customer file and is automatically applied against your next order upon invoicing. If you prefer a refund, please contact us.
- CREDIT TERMS
All orders must be paid before shipping; we have no terms of credit at the moment. If any order remains unpaid for longer than 7 business days, we will consider it unwanted and we reserve the right to cancel it.
- DISCOUNT & PROMO CODE POLICY
These terms and conditions apply to those promotions where you must redeem a promotional code as part of the offer. The promotional code is valid for a limited time only. Hortinova reserves the right to modify or cancel it at any time. Each promotional code can be used only once, unless otherwise specified. Each promotional code applies only to qualifying items. Details are specified in the promotion. The promotional code does not apply to pre-orders, unless otherwise specified. The promotional code does not apply to gift voucher purchases. The promotion is subject to all restrictions set forth in the offer. If the promotion has a minimum purchase requirement, taxes, gift-wrap, shipping, and handling charges do not apply toward the minimum purchase amount. The promotion applies only to orders shipped to the same address. The promotional code is not transferable, may not be resold or redeemed for cash. Only one promotional code can be used each time and therefore cannot be combined with other offers using promotional code. Limit one promotional code per customer. Hortinova reserves the right to void the transactions where prohibited. If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply. Hortinova reserves the right to update these terms and conditions without prior notice.
SECTION 9 – OUR SHIPPING POLICY
- SHIPMENT PORCESSING TIME:
All orders are processed within one (1) to three (3) business days. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed. Please allow additional days in transit for delivery. If we expect a significant delay to ship your order, we will contact you via the email or telephone number that you provided us.
- SHIPPING RATES & DELIVERY ESTIMATES:
All shipments are handled by Canada Post and are sent via their Expedited Parcel shipping service. Faster shipping is available if needed via Xpresspost or Priority Shipping, these options will be automatically calculated at checkout at our exclusive Canada Post reduced fee. Shipping rates are calculated based on the package weight & the shipping address. Rates are subject to change without notice.
We offer FREE Shipping for all orders $100.00 and above.
SECTION 10 – APPLICABLE TAXES
Taxes are applicable on all products on our website or catalogues based on the following rates: Alberta GST 5% ; British Columbia GST 5% ; Manitoba GST 5% ; New Brunswick HST 15% ; Newfoundland and Labrador HST 15% ; Northwest Territories GST 5% ; Nova Scotia HST 15% ; Nunavut GST 5% ; Ontario HST 13% ; Prince Edward Island HST 15% ; Quebec GST 5% + QST 9,975% ; Saskatchewan GST 5% ; Yukon GST 5%.
Taxes are payable on all items including shipping, handling, and surcharge except zero rated items: Revenue Canada does not require GST/HST on large quantities of vegetable seeds. The following is the definition of the items deemed Zero Rated (i.e. no GST).
– Peas, beans and corn only in sizes over 5kg and/or count sizes greater than 20,000 seeds.
– Small seeds (vegetable seeds other than peas, beans and corn) in sizes over 125g and/or count sizes greater than 2500 seeds.
SECTION 11 – SEEDS SAMPLES
By requesting, ordering, receiving, accepting, or otherwise obtaining a sample of seeds “sample” and/or subsequently using a sample, you acknowledge and agree to the following terms:
– Hortinova is not directly affiliated with the producer(s), brand(s), or company(s) of the samples, and in no way claims to own or control their trademarks, logos, marketing materials, instructions, or products.
– Hortinova makes every effort to provide samples of high quality but does not guarantee the germination rate of the seeds samples and it is at your discretion to determine whether to accept and/or plant the seeds for trials purposes.
– You confirm that the acceptance of the sample does not suggest any official affiliation with Hortinova whatsoever.
– When you submit any comments or feedback regarding the performance of the sample, you hereby agree that they are non-confidential and shall become the property of Hortinova. Hortinova shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without notice, attribution, or compensation to you.
– To the maximum extent permitted by law, Hortinova expressly disclaims any warranty for the sample. The sample is provided “as is” without warranty of any kind. You assume the entire risk arising of the use or performance of the sample.
– You agree to fully defend and indemnify Hortinova from any claims, liabilities, and costs (including reasonable attorney’s fees) related to your use of the sample and/or your violation of these terms.
– You may not resell, distribute, or offer to third-parties any of the samples, including without limitation, through distributors, brokers, exporters, or otherwise. You agree that you will not directly or indirectly, export or transmit any sample to any country in violation of export restrictions.
– In no event will Hortinova and its officers, directors, employees, suppliers, and third-party providers be held liable, for any damages, loss of use, loss of time, inconvenience or commercial loss. The parties herein agree that testing the samples represents a reasonable allocation of risk given that the samples are provided at no charge.
SECTION 12 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 13 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third parties.
Third-party links on this site my direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 - PERSONAL INFORMATION
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hortinova Seeds, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hortinova Seeds and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Our contact information is posted below:
1300 BOUL. RENE-LEVESQUE OUEST. MONTREAL QC H3G0B7