Terms of service

This website is operated by Production Lareault Inc. Production Lareault Inc. 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 hyperlinks. 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.

SECTION 1a - 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 1b - TERMS AND CONDITIONS OF SALE

1.      Buyer’s Acceptance of Terms. By placing an order with Seller (an “Order”), Buyer accepts these T&Cs. Fulfillment of Buyer’s Order by Seller does not constitute acceptance of any of Buyer’s terms and conditions in the Order or other documents and does not serve to modify or amend these T&Cs. If there is any inconsistency between these T&Cs and terms and conditions contained in any other document submitted by Buyer, these T&Cs shall control even if Buyer’s documents expressly limit acceptance to use of Buyer’s terms and conditions. These T&Cs and any basic Order terms (i.e. list of the Products, quantity, item number, requested delivery date; price, billing address and delivery location) constitute the entire agreement between the parties as to any purchase of Products by Buyer.

2.      Price. Prices for the Products are based on Seller’s price quote to Buyer or Seller’s current price lists. Seller may change any prices at any time in Seller’s sole discretion on prior written notice to Buyer. Buyer will be deemed to have accepted such price changes by thereafter submitting an Order.

3.      Taxes, Shipping, Packing, Handling.  Unless stated in writing by Seller, prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties or other government charges related to the Products. Buyer will pay these amounts or reimburse Seller, as applicable. If Buyer claims a tax or other exemption from taxes, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Seller harmless from any taxes, costs and penalties arising from same. Seller's prices include the costs of its standard domestic packing only. Any packing deviation will be charged to Buyer.

4.      Payment. Upon submitting an Order, a non-refundable deposit equal to 20% of the total Order is due from Buyer or a deposit equal to the schedule on the invoice. Any remaining balance must be paid prior to shipment of the Order. Buyer agrees to pay a finance charge calculated at the rate equal to the lesser of 2% per month (24% per annum) or the maximum rate allowed by law on all past due balances owed to Seller. Buyer further agrees to pay any and all collection costs reasonably incurred by Seller in collecting any past due amounts from Buyer, including but not limited to collection agency fees, attorneys' fees and court costs.

5.      Availability of Product. Seller shall have no liability in connection with its failure or inability to supply any quantity of Product for any reason. In the event of a shortage of Products, Seller reserves the right to redistribute available Products among its customers in good faith and at its sole discretion.  

6.      Delivery; Title. Unless an accepted Order indicates otherwise, all Products are delivered in accordance with the Incoterms 2020 FOB (“Free on Board”) at the location listed in the relevant Order. Risk of loss and title for Products will pass to Buyer upon delivery to Buyer or its designee at the FOB location. Seller will, in good faith, endeavor to deliver Products by the requested delivery date. However, Seller shall not, in any event, be responsible for any delay or damage if delivery is not made by the requested delivery date as a result of any cause not fully and solely within the power of Seller to control.

7.      Product Guarantee and Disclaimer. Seller represents to Buyer that, at the time of delivery from Seller to Buyer, the Products will be (i) in good condition, (ii) of the authentic variety set forth on the Order and (iii) in compliance with all applicable federal, provincial and local laws. The warranties set forth in this section are in lieu of all other warranties and comprise seller’s sole and entire warranty to buyer and buyer’s customers and assigns in connection with the Products. Seller disclaims all other warranties, whether express or implied, including, but not limited to, any warranties of merchantability and fitness for a particular purpose. For further clarity, Seller will not be responsible for the viability of the Products, the presence or absence of fungal, bacterial or viral pathogens, or of parasites. Furthermore, Seller does not guarantee, implicitly or explicitly, the production costs associated with the transplanting, application of chemicals or fertilization of the required plants. Seller recommends that the Products be treated adequately upon receipt. Buyer acknowledges and accepts all risks as to the quality and performance of the Products.

8.      Inspection. Buyer shall carefully inspect all Products and shipping documents promptly upon delivery of Products. No claim for non-conformity, defect, shortage or damage will be valid or enforceable against Seller unless Buyer gives Seller written notice specifying in detail the issue within 5 days from the date that Buyer receives the Products. Buyer shall supply such reasonable documentation as to any loss as Seller may request. Buyer shall be deemed to conclusively accept all Products not rejected in accordance with the preceding sentences. If any Products are non-conforming, Buyer has provided proper notice, and if the non-conformity was not caused by Buyer or due to misuse or handling after Seller delivered the Product to Buyer, Seller will, at Seller’s option, (i) replace the non-conforming Products at no additional charge to Buyer, or (ii) reimburse Buyer for amounts Buyer paid for such non-conforming Products.

9.      Limit of Liability. Seller will in no event be liable for any indirect, incidental, contingent, special, consequential, or other damages, including, but not limited to, loss of profits, revenue or usage, cost of substitute products, additional costs incurred by Buyer, or claims of third parties. Seller’s total liability to Buyer for damage or loss arising out of, or in any way related to, the sale of Products, including in the event of negligence or gross fault, shall in no event exceed the price of Products to which such claim relates.

10.   Intellectual Property (“IP”). Notwithstanding any other provisions in these T&Cs, an Order or any other communications between Buyer and Seller, no title or ownership of the copyright, trademark, trade secret and other IP or proprietary rights in the Products is transferred to Buyer by virtue of a “purchase” or “sale” of Products. Furthermore, Buyer agrees not to modify, reproduce, create, distribute or sell derivative works of any IP associated with the Products, nor use the Products, or any associated IP, for any commercial purpose other than its own fruit production. Buyer acknowledges that the sale or transfer of Products by Buyer to any third party is strictly prohibited.  Seller reserves all rights to protect its IP and enforce the terms hereof, including seeking injunctive relief and damages.

11.   Governing Law; Venue; Attorney’s Fees. These T&Cs shall be governed by, and any dispute arising hereunder shall be determined in accordance with, the laws applicable in the Province of Québec, without giving effect to conflict of laws principles. Buyer and Seller irrevocably submit to the exclusive jurisdiction and venue of the courts of Montréal, Québec. In addition to other remedies, the prevailing party shall be entitled to recover such amount as the court may adjudge reasonable as attorneys’ fees and expenses in the enforcement action or any appeal.

12.   Force Majeure. If Seller’s performance is delayed by any cause beyond its reasonable control (regardless of whether the cause was foreseeable), including without limitation acts of God, strikes, labor shortage or disturbance, fire, accident, pandemic, war or civil disturbance, delays of carriers, cyber-attacks, terrorist attacks, failure of normal sources of supply, or acts or inaction of government, crop failure, quarantine, import issues, trade issues, weather, fire or otherwise, Seller’s time of performance will be extended by a period equal to the length of the delay plus any consequences of the delay.  Seller will notify Buyer within a reasonable time once aware of any such delay.

Miscellaneous. There is no relationship of partnership, joint venture, employment, franchise or agency between the parties and Buyer will not have the power to bind Seller or incur obligations on Seller’s behalf without Seller’s prior written consent. If any provision of these T&Cs shall be held or deemed to be, or shall, in fact, be illegal, inoperative or unenforceable, such provision shall not affect any other provision or provisions contained in these T&Cs. None of the provisions of these T&Cs shall be deemed to have been waived unless such waiver shall be set forth in writing signed by Seller, or subject to modification or waiver by course of performance, course of dealing, or usage of trade. Any provisions of these T&Cs which by their nature are intended to survive termination, expiration, cancellation, or completion of an Order shall survive and continue as valid and enforceable obligations notwithstanding termination, expiration, cancellation, or completion of the Order.

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 transfers 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

Prices for our products are subject to change without notice. An item displayed without a sale price ($0.00) can never be sold and claimed.

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 - PRODUCTS AND/OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in reality. We cannot guarantee that your computer monitor's display of any colour will be accurate.

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 anytime 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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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. In the event that 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 given. 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.

SECTION 7 - 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 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 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may 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 9 - 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 are 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 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. SECTION 11 - 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 12 - 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 13 - 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 Production Lareault Inc., 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 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Production Lareault Inc. 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 15 - 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 16 - 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 17 - ENTIRE AGREEMENT

Our failure 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 18 - 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 federal and provincial laws of Canada and Quebec.

SECTION 19 - 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 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@lareault.com.