TERMS AND CONDITIONS

Last updated: January 6, 2021 Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Ontario, Canada
• Arthur Greenhouses (referred to as either “Arthur Greenhouses”, “We”, “Us” or “Our” in this Agreement) refers to Arthur Greenhouses, 7470 Second Line, Arthur ON N0G 1A0, Ontario.
• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• Service refers to the Website and Our products we sell and services we provide.
• Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and Us regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• Website refers to Arthur Greenhouses, accessible from www.arthurgreenhouses.ca
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Us. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. We do not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property

All intellectual property on the Website (except for User Generated Content, as defined below) is owned by Us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by Us or third parties. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of Arthur Greenhouses; All rights reserved.

Account and Account Use

If your use of the Service requires an account identifying you as a user of the Website (an “Account”): a) You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission; b) You agree to immediately notify Us of any unauthorized use of your Account, any Service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any Service provided through it, and you agree to provide assistance to Us, as requested, to stop or remedy any breach of security related to your Account, and c) You agree to provide true, current, accurate and complete customer information as requested by Us from time to time and you agree to promptly notify Us of any changes to this information as required to keep such information held by Us current, complete and accurate.

User Generated Content

“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Service, except to the extent the content is owned by Us.

On Line and In Store Payments

When You make a purchase on the website or in Our store, You agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which You are responsible for. When You provide a payment instrument to Us, You confirm that You are permitted to use that payment instrument. When You make a payment, You authorize Us (and Our designated payment processor) to charge the full amount of the payment instrument You designate for the transaction. You also authorize Us to collect and store that funding instrument, along with other related transaction information. If You pay by credit or debit card, We may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If You cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to You. We may cancel any transaction if We believe the transaction violates Our Terms and Conditions, or if We believe in doing so may prevent financial loss. In order to prevent financial loss to You or to Us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments You are associated with, if we believe doing so may prevent financial loss or a violation of law.

Sale of Products, Services and Availability

We may sell goods or services or allow third parties to sell goods or services on Our Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and You acknowledge and agree that You purchase such products at your own risk. Your on-line order will only be placed if you reach these minimums: For pick up at our store, an event or market – $20 minimum. There will be a $5 packing/handling fee applied to orders under $75. Products and services offered through Our Website may not be available at the time of ordering due to being out of stock or other reasons. In case of an on line purchase We will notify You to review your order and arrange a correction of your payment.

Shipping and Delivery

You agree to ensure payment for any items You may purchase from Us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid phone number, email- and shipping address, as well as valid shipping and billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provide to Us. If we do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We may also request additional information from You prior to confirming a sale and We reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, We may pre-authorize your credit or debit card at the time you place the order or We may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates You are quoted or shown due to unforeseen circumstances. Physical products are not shipped and can not be picked up without payment.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication by us to you will be electronic. We will contact you by email or provide you with information by posting notices on Our Service. For contractual purposes you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Links to and Embedded Content from Other Websites

Our Service may contain embedded content and/or links to third-party web sites or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach Our Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, Our entire liability and responsibility and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 1 (one) CAD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall We or its suppliers be liable or responsible for any special, incidental, indirect, or consequential damages or losses whatsoever incurred in the transfer or use of Our Services by You or any third party (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if We or any supplier has been advised of the possibility of such damages or losses and even if the remedy fails of its essential purpose. Some states or provinces do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states or provinces, each party’s liability will be limited to the greatest extent permitted by law.

“As Is” and “As Available” Disclaimer and Return Policy

Due to the nature of some of Our products, it is not possible to return your purchase(s) in case of live plants, shrubs, trees etc., due to circumstances beyond Our control, such as shipping, correctness of planting, watering, weather, other environmental conditions etc. In case we make an exception to this policy a restocking charge of 20% applies and costs for returning are at Your expense. The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Arthur Greenhouses, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and make no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither We nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs, diseases or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law and Jurisdiction

These Terms and Conditions will be governed by and interpreted in accordance with the laws in force in the Province of Ontario and the federal laws of Canada, and you submit to the non-exclusive jurisdiction of the federal and provincial courts located in Canada for the resolution of any disputes. Your use of the Services or Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. You are advised to review Our Terms and Conditions periodically for any changes. Changes are effective when they are posted on this page. We will notify You of any changes by posting the new Terms and Conditions on this page. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: [email protected]
• By visiting this page on our website: www.arthurgreenhouses.ca/terms-and-conditions
• By phone number: (519) – 848 – 6816
• By mail: 7470 Second Line, Arthur ON N0G 1A0, Ontario