Terms and Conditions
These terms and conditions govern the use of www.hardyfruittrees.ca . This Site is owned and operated by Pépinière aux arbres fruitiers inc. In using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
All content published and made available on this site is the property of Pépinière aux arbres fruitiers inc. and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our site.
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site. The goods that are available on our Site consist of trees and shrubs.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible, to the best of our knowledge.
The appearance of the trees that you receive might differ to those in the images. The growth of trees is illustrated as an indication only, and might be different in the case of your trees. We are not legally bound by such information, descriptions, or images as, nature being what it is, there may be some divergences. You agree to purchase goods from our Site at your own risk.
We accept the following payment methods on our Site:
- Credit Card
- Interac e-transfer
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
We must receive all payments at the latest 10 days after the date of the order. If this condition is not met the trees or shrubs will not be reserved for you.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel your transaction.
When you make a purchase on our Site, you accept and agree to provide a valid email address and a shipping address for your order.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Policy for replacements and refunds
Our aim is first and foremost that the trees that we sell can grow and produce fruit on the lands of those who plant them.
We do not sell a tree unless we are confident that it can withstand transplantation and grow healthily. We guarantee that the trees we sell are alive and in good health when you receive them, whether by collection or shipment.
Guarantee for trees that are damaged on arrival
If the trees that we have shipped to you are damaged or broken when they arrive, contact us by email and let us know in the first three days after you receive them. Please include photographs of the damaged trees. We will replace the trees or refund what you paid for them, according to our availability and your preference.
Guarantee for trees that do not recover after transplantation
Trees are living organisms that need certain conditions in order to survive. We guarantee that our trees are alive and healthy when they reach you. However, if they afterwards lack the necessary conditions for survival, we cannot be held responsible. Similarly, climatic hazards and accidents are not in our hand.
Bearing in mind the above, the following conditions must be met in order for the guarantee to apply:
- You must have planted the trees in the first three days following their arrival.
- You must have followed the instructions in our planting guide.
- The trees must be planted in an appropriate site. We cannot guarantee the life of any tree that is planted in a pot.
- You must have watered and weeded the trees regularly.
- We do not replace trees that die as a result of events occurring after their reception that are not in our control, for example: trees broken by a dog or lawnmower; drought, floods, disease, nutrient deficiencies, damage by deer, rodents or insects, etc.
- We do not replace trees that are slow-growing, since the growing conditions at your home are beyond our control. Certain trees may occasionally abandon their main stem after plantation, while their root system puts forth new growth. This is not a problem for shrubs and certain trees, but is problematic in the case of grafted trees. If the main stem of your grafted apple, pear or plum tree does not bud out, contact us even if it is shooting from the roots as our guarantee does apply in this case.
- Our guarantee does not apply in the case of trees that bud out, are in good health, and later die (even if the exact cause is unknown.)
Minimum time delay
We ask you to wait 45 days after the day of plantation before asking about a guarantee for a tree that did not survive. Depending on the species and the climate, some trees can take up to 45 days to open their buds. Grapevines and black walnuts are always the last to wake up, so do not despair if these are alone in not having opened their buds.
Maximum time delay
Demands for a guarantee should be made at the latest on August 15th of the year of plantation.
Write us an email including the following information:
- The name of the tree or trees that appears dead or has a problem
- A clear photograph of the entire tree and its environment
- Clear close-up photograph(s) showing the bark, the buds and the label of the tree
- The symptoms you have observed
- Description of the main steps of how you have been taking care of your tree (date of planting, frequency of watering, etc.)
- A telephone number letting us know a good time to reach you.
We will contact you by phone within seven days to discuss the problem with your trees, just in case there has been any mistake. The objective is to help to avoid making the same mistake, since replacing a tree so that it will end up dying again is not useful for anyone. We may as for more photographs or a more detailed explanation of the situation.
We act in good faith and out of the genuine wish to offer healthy trees of good quality. We expect that you also act in good faith, and that you are willing to work with us and to provide us with the necessary information to identify the source of the problem with your trees, if we can.
If you have a problem with our trees, and you believe that it would be fair to apply our guarantee despite one of the above conditions not being met, contact us to explain your situation, and we will evaluate the case in good faith.
Value of the guarantee
When a tree qualifies for our guarantee we may, according to your preference, either
- Replace the tree (depending on availability);
- Credit its value to your account for your next order
- Refund you its value.
Note that in the case of replacements, in most cases we must wait until the following spring to ship them to you, as it would be harmful for the trees to transplant them mid-season (after the month of May).
If we are replacing trees that had been shipped to you, we will not charge shipping and handling fees for the replacement. If a credit is applied to your account, a credit for the value of the transport of the tree, calculated in proportion to the number of trees, in your order will also be applied. In all cases, the amount of the replacement or credit cannot be higher than the amount that was billed to the customer for his trees and their transport.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website.
Cookies and Google Analytics
- The anonymized IP address of your computer (your IP address is modified, which prevents anyone from connecting it to you),
- The operating system of your device, the pages consulted (the date, time and duration of your visits)
- Your age, sex, interests and the configuration language of your computer.
You can, if you wish, configurate your browser to block cookies.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
- First and last name;
- Email address;
- Phone number;
- Address; and
- Payment information.
This data may be collected when you create and save an account, when you place an order or when you subscribe to our newsletter.
Note that we collect only the data that is necessary for the creation of your account, for the preparation and shipment of your order, and for sending our newsletter. We never collect any additional data without informing you of it first.
Limitation of Liability
Pépinière aux arbres fruitiers inc. or one of its employees may be held responsible for any problem arising from this Site. However, Pépinière aux arbres fruitiers inc. and its employees will not be held responsible for any problem arising from irregular use of this Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Pépinière aux arbres fruitiers inc. from any actions, claims, losses, damages, liabilities and expenses arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of Canada and aim to conform to necessary rules and regulations. If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We recommend that our users review these Terms and Conditions from time to time to ensure that they are notified of any updates.
Please contact us if you have any questions or concerns. Our contact details are as follows:
(514) 418-4109 5094 route 125, Rawdon, QC J0K 1S0
Effective Date: 14th day of September, 2021