Terms and Conditions of Sale and Use
Overview
This website is operated by Les Fermes Valens. Throughout this site, the terms “we,” “us,” and “our” refer to Les Fermes Valens. Les Fermes Valens offers this website, including all information, tools, and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies, and notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Sale,” “Terms and Conditions of Sale and Use,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, vendors, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features or tools added later to this store will also be subject to these Terms and Conditions of Sale and Use. You may review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
Payments made through our online store are processed securely by a third-party payment service provider that complies with the PCI-DSS standard. Your credit card information is encrypted and is never stored on our servers.
Article 1 – Conditions of Use of Our Online Store
By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor under your care to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit worms, viruses, or any other destructive code.
Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
Article 2 – General Conditions
We reserve the right to refuse service to anyone at any time, for any reason.
You understand that your content, excluding your credit card information, may be transferred unencrypted and may involve transmissions over various networks, as well as changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Article 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 content on this site is provided for general information only and should not be relied upon as your sole basis for making decisions, without consulting primary, more accurate, more complete, or more up-to-date sources of information. If you choose to rely on the content presented on this site, you do so at your own risk.
This site may contain certain historical information. Historical information is, by nature, not current and is provided for reference only. We reserve the right to modify the content 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.
Article 4 – Changes to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content of the Service, without notice and at any time.
We shall not be liable to you or to any third party for any price change, suspension, or discontinuance of the Service.
Article 5 – Products or Services, If Applicable
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and may only be refunded or credited in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in our store. 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 sale 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 product or service that we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering any product at any time. Any offer for any service or product made on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, nor that any errors in the Service will be corrected.
Article 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce 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 using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by merchants, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
Please note that the invoice will be issued in the language in which you chose to browse our site.
For more details, please review our Return Policy.
Article 7 – Delivery
Delivery options, delivery fees, minimum order amounts, and available delivery areas may vary depending on your address, the products ordered, and our delivery schedule.
Any delivery date or time provided is an estimate only and may be affected by weather, traffic, product availability, operational constraints, or other circumstances beyond our control.
You are responsible for providing complete and accurate delivery information and for ensuring that someone is available to receive the order, unless you have authorized a safe drop-off location. Once an order is delivered to the address or location provided, responsibility for the products transfers to you.
Because certain products are fresh or perishable, you agree to inspect your order promptly upon delivery and to contact us within a reasonable time if there is an issue with your order.
Article 8 – Subscriptions
If you purchase a subscription or recurring order, you authorize us to process recurring orders and charges according to the selected frequency, products, and payment method associated with your account.
You may modify, pause, or cancel your subscription according to the options made available in your account or by contacting us, provided the request is made before the applicable order processing deadline.
Subscription items may vary based on seasonality, harvests, supplier availability, and product quality. We may make reasonable substitutions or adjustments when a product is unavailable.
Subscription prices, delivery fees, and product availability may change over time. Any order that has already been processed may be subject to our Return Policy and cancellation rules.
Article 9 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or influence.
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 arising from or relating to your use of optional third-party tools.
If you use optional tools offered through the site, you do so entirely at your own risk and discretion, and you should review the terms under which such tools are provided by the relevant third-party provider or providers.
We may also, in the future, offer new services and/or features through our site, including new tools and resources. Such new features and services will also be subject to these Terms and Conditions of Sale and Use.
Article 10 – Third-Party Links
Certain content, products, and services available through 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 of such sites, and we do not warrant and will not have any liability or responsibility for any third-party content, website, product, service, or other materials available on or from such third-party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with third-party websites. Please carefully review the third parties’ policies and practices and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.
Article 11 – User Comments, Suggestions, and Other Submissions
If, at our request, you submit specific content, for example to participate in contests, or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise, collectively referred to as “comments,” you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation to maintain comments in confidence, to pay compensation to anyone for any comments provided, or to respond to comments.
We may, but have no obligation to, monitor, modify, or remove content that we determine, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, nor contain any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We assume no responsibility and accept no liability for any comments posted by you or by any third party.
Article 12 – Personal Information
The submission of your personal information through our store is governed by our Privacy Policy. Please consult our Privacy Policy for more information.
Article 13 – Errors, Inaccuracies, and Omissions
There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery 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 and without prior notice, including after you have placed your order.
We are not obligated to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date 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.
Article 14 – Prohibited Uses
In addition to the prohibitions set out in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in unlawful acts; to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way to compromise the functionality or operation of the Service or any related, independent, or internet-based website; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape the web or any other resource; for any obscene or immoral purpose; or to interfere with or circumvent the security features of our Service, any other website, 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.
Article 15 – Disclaimer of Warranties and 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 guarantee that the results obtained through 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 prior 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 provided to you through the Service, are, unless expressly stated otherwise 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 of merchantability or quality, fitness for a particular purpose, durability, title, and non-infringement.
Les Fermes Valens, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall under no circumstances be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort, including negligence, strict liability, or otherwise, arising from your use of any service or product obtained through this 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 error or omission in any content, or any loss or damage of any kind resulting from the use of the Service or any content or product posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
Article 16 – Indemnification
You agree to indemnify, defend, and hold harmless Les Fermes Valens, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from your violation of these Terms and Conditions of Sale and Use or the documents they reference, or your violation of any law or the rights of a third party.
Article 17 – Severability
If any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use. Such severance shall not affect the validity and enforceability of any remaining provisions.
Article 18 – Termination
The obligations and liabilities incurred by the parties before the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use remain effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole discretion, we determine that you have failed, or if we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services, or any part of them.
Article 19 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use, together with any other policies or operating rules posted by us on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They replace all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us, including but not limited to any prior versions of the Terms and Conditions of Sale and Use.
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be interpreted against the drafting party.
Article 20 – Governing Law
These Terms and Conditions of Sale and Use, as well as any separate agreements through which we provide you with Services, shall be governed by and interpreted in accordance with the laws applicable at 62 rue York, Huntingdon, QC, J0S 1H0, Canada.
Article 21 – Changes to the Terms and Conditions of Sale and Use
You may review the most current version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after any changes to these Terms and Conditions of Sale and Use are posted constitutes acceptance of those changes.
Article 22 – SMS / Text Messaging Program
By providing your mobile phone number and opting in, you agree to receive recurring automated text (SMS) messages from Les Fermes Valens at the number you provide. Depending on your selection, these may include transactional messages (such as order confirmations, delivery updates, and shopping cart reminders) and marketing messages (such as promotions, new products, and offers). Consent to receive marketing text messages is not a condition of purchasing any goods or services.
Message frequency varies. Message and data rates may apply according to the plan you have with your wireless carrier, and you are responsible for any such charges.
You can cancel the SMS service at any time by replying STOP (or ARRÊT) to any message you receive from us. After you send STOP, we will send a confirmation message and then stop sending you text messages. For help or more information at any time, reply HELP (or AIDE) or email us at info@fermesvalens.com.
Wireless carriers (including, without limitation, Bell, Rogers, Telus, and their affiliates) are not liable for delayed or undelivered messages. Delivery of text messages is subject to effective transmission by your wireless carrier and is not guaranteed.
Your mobile information is handled in accordance with our Privacy Policy. We do not sell or share mobile opt-in data or SMS consent with third parties for their own marketing purposes. We may update or discontinue the messaging program at any time; your continued enrollment after a change takes effect constitutes your acceptance of the change.
Article 23 – Contact Information
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at info@fermesvalens.com.