Terms and Conditions of Use and Sale
Agreement Between the User and pepiniere.ca
Access to, browsing of, use of the website pepiniere.ca, and any purchases made through it are governed by these Terms and Conditions of Use and Sale.
By using this website or placing an order, you acknowledge that you have read, understood, and accepted these terms. Pepiniere.ca reserves the right to modify these terms at any time without notice. The most recent version published on the website shall prevail.
Legal Capacity
By using this website or making a purchase, you represent that you have reached the age of majority in your province or territory of residence, or that you have obtained permission from a parent or legal guardian.
Website Use
You agree to use the website lawfully, reasonably, and in accordance with these terms. It is prohibited to use the website for fraudulent, abusive, unlawful purposes, or in any way that could interfere with the proper operation of the online store.
Prohibited Actions
- Damaging, disabling, or disrupting the operation of the website.
- Attempting to access unauthorized sections of the website or its systems.
- Exploiting security vulnerabilities or attempting to obtain confidential information.
- Using the website for fraudulent purposes or in violation of applicable laws.
Products, Pricing, and Availability
We make every reasonable effort to display accurate information regarding products, pricing, descriptions, images, sizes, availability, and timelines. However, errors may occur.
Pepiniere.ca reserves the right to correct any pricing, description, image, availability, or inventory errors, even after an order has been confirmed. In the event of a significant error, we may contact the customer to modify, cancel, or refund the affected order.
Images of plants are provided for illustrative purposes only. The size, color, shape, flowering, and appearance of a plant may vary depending on the season, stage of growth, availability, and natural conditions.
Pricing and Display Errors
Despite all reasonable efforts to ensure the accuracy of the website, errors in pricing, descriptions, images, availability, or information may occur. Pepiniere.ca reserves the right to correct any errors and to cancel or modify an affected order, even after confirmation.
Orders and Payment
Any order placed on pepiniere.ca is subject to acceptance by the company. An order may be refused, modified, or cancelled due to inventory errors, payment issues, suspected fraud, undeliverable addresses, or any other reasonable cause.
Available payment methods are displayed at checkout. When Sezzle is offered, customers may split their purchase into installments according to Sezzle’s terms and conditions. Approval, installment payments, and service terms are managed by Sezzle.
Order Refusal or Cancellation
Pepiniere.ca reserves the right to refuse, limit, or cancel any order for any reason, including pricing errors, inventory errors, incomplete addresses, suspected fraud, payment issues, or non-compliance with these terms.
Shipping, Pickup, and Pre-Orders
Orders placed on pepiniere.ca are subject to our shipping, warranty, pre-order, in-store pickup, return, refund, and exchange policies.
Shipping is available based on the product type, delivery area, time of year, and options available at checkout. Certain products, including bulk materials, may be subject to specific fees, timelines, delivery areas, or exclusions.
Pre-order products are considered final sale unless otherwise specified. When an order contains both in-stock and pre-order items, shipment may be made in a single delivery once all products are available, unless otherwise agreed upon or additional fees are paid for separate shipments.
For pickup orders, customers must wait for a confirmation notice before coming to the store. Orders must be collected within the timeframe specified in our pickup policy.
Returns, Exchanges, and Refunds
Return, exchange, and refund requests are handled in accordance with our Refund and Exchange Policy. Certain products are excluded, including clearance items, final sale items, pre-orders, products carrying certain labels, or promotional items subject to posted conditions.
Shipping fees are non-refundable, except in the case of our error or when a product arrives damaged and the claim is approved.
Any damaged or defective product upon delivery must be reported by email to commandes@pepiniere.ca within 48 hours of receipt, including the order number and clear photos of the product, box, and packaging.
Living Plants and Plant Material
Plants, trees, shrubs, perennials, annuals, seeds, and other plant materials are living products. Their performance, growth, flowering, and survival depend on many factors beyond our control, including watering, soil conditions, planting methods, exposure, temperature, diseases, insects, animals, maintenance, and weather conditions.
Pepiniere.ca cannot be held responsible for improper care, incorrect planting, lack or excess of water, adverse weather conditions, or any situation beyond its control after the product has been delivered or picked up.
Plant Warranty
Unless otherwise stated in writing, no express or implied warranty is provided regarding the survival, growth, flowering, fruit production, or future performance of plants after delivery or pickup.
Any applicable warranty, where offered, is limited to the conditions expressly displayed on the product page or communicated in writing by Pepiniere.ca.
Promotions, Discounts, and Exclusions
Promotions, discounts, promotional codes, and free shipping offers are subject to the conditions displayed at the time of purchase. Certain product categories may be excluded, including bulk materials, clearance items, final sale items, pre-orders, or any other product identified as excluded.
If a promotion is mistakenly applied to an excluded product, pepiniere.ca reserves the right to recalculate the applicable amount before preparing, delivering, or shipping the order.
Force Majeure
Pepiniere.ca shall not be liable for delays, inability to deliver, cancellations, or failures to perform resulting from events beyond its reasonable control, including but not limited to natural disasters, extreme weather conditions, pandemics, labor disputes, transportation disruptions, product shortages, equipment failures, computer system failures, or governmental actions.
Links to Third-Party Websites
The pepiniere.ca website may contain links to external websites operated by third parties. These websites are neither controlled by nor the responsibility of pepiniere.ca or its operators.
- Liability: Pepiniere.ca disclaims all responsibility for the content, accuracy, security, or practices of third-party websites.
- Purpose of Links: These links are provided for your convenience and do not constitute an endorsement of the products, services, or content available on those websites.
- User Responsibility: It is your responsibility to determine whether you wish to access these websites and to assess any associated risks.
Intellectual Property
All texts, images, logos, graphics, descriptions, content, layouts, and other elements appearing on the website are the property of pepiniere.ca, its operators, or its suppliers, unless otherwise stated.
Any reproduction, modification, distribution, copying, or unauthorized use of website content is prohibited without prior written authorization.
Liability and Limitations
Accuracy of Information
The content of this website is provided for general informational purposes. While we strive to maintain accurate and up-to-date information, pepiniere.ca does not guarantee that the content is error-free, complete, or available at all times.
Limitation of Liability
Pepiniere.ca, Centre de jardin Floréal inc., and Centre de jardin Brossard inc. shall not be liable for direct, indirect, consequential, incidental, or punitive damages resulting from, including but not limited to:
- The use of or inability to use the website.
- A pricing, inventory, description, or image error.
- A delivery delay or service interruption.
- Access to third-party websites through external links.
- Improper maintenance or planting of a plant after receipt.
- Technical errors, interruptions, data loss, or computer-related issues.
Limitation of Financial Liability
To the fullest extent permitted by law, the total liability of Pepiniere.ca, Centre de jardin Floréal inc., and Centre de jardin Brossard inc. for any claim related to a purchase or use of the website shall be limited to the amount actually paid by the customer for the order in question.
Protection of Personal Information
The use of this website is also subject to our Privacy and Cookie Policy. We comply with applicable privacy laws, including Quebec’s Law 25 and applicable Canadian privacy legislation.
Entire Agreement
These terms, together with the privacy, cookie, shipping, refund, and exchange policies published on the website, constitute the entire agreement between the user and Pepiniere.ca regarding the use of the website and purchases made online.
Governing Law
These terms are governed by the laws applicable in Quebec and Canada. Any dispute relating to the use of the website or an order placed on pepiniere.ca shall be submitted to the competent courts of the Province of Quebec.
Acceptance of Terms
By continuing to use pepiniere.ca or by making a purchase through the website, you acknowledge that you have read, understood, and accepted these Terms and Conditions of Use and Sale.
If you do not agree with any of these terms, you are invited to stop using the website immediately.
If you have any questions regarding these terms, you may contact us at: commandes@pepiniere.ca