Terms of service
PREVIEW
This website is operated by “Pépinière Casse-Noisette”. Throughout the site, the terms “we”, “us” and “our” refer to “Nutcracker Nursery”. "Nutcracker Nursery" 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 these Additional terms and conditions and policies referenced herein and/or available by hyperlink. 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 Use 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 Use. 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 Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Use 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - 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 that you have given 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). 'author). You must not transmit any worms, viruses or code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.
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 when transferred 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 permission in writing. express authorization from 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 change 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.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
Prices of 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 thereof) without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited availability and may be subject to return or exchange conditions in accordance with our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the store. We cannot guarantee that your monitor’s display of any color 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 product or service we offer. All product descriptions and pricing are subject to change at any time without notice, in the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any service or product made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - WARRANTY ON CONTROL SHAFTS
The trees you purchase from Pépinière Casse-Noisette are guaranteed only for the spring period (April to June). This guarantee is valid for a period of 2 months following receipt of the trees. If your trees do not bud within 2 months of their purchase, we undertake to replace them where possible, or to credit or refund them. This warranty does not apply to trees or shrubs received in the fall, due to uncertain winter factors beyond our control. Likewise, the guarantee does not cover healthy trees received during the growing season (with leaves), but only in their dormant state (not budded).
SECTION 7 - CANCELLATION OF AN ORDER
Order cancellations are possible and can be fully refunded if the cancellation request is made at least 2 months in advance. If this condition is not met, we reserve the right to refund only a portion of the deposit or order, as a penalty for loss of potential sales and restocking. Changes to quantities and varieties in an order are possible if made 30 days before the spring period.
SECTION 8 - TERMS AND CONDITIONS FOR TREE RESERVATIONS
A tree reservation made by email or telephone only binds the customer when an order or delivery confirmation is sent to him. For large volume orders, a 35% deposit may be required. Nutcracker Nursery inc. is not responsible for unconfirmed online orders. For direct online purchases, the full amount is required and the order is delivered within the specified time frame.
SECTION 9 - PAYMENTS
Payments can be made via the shopping cart on our site with a credit card, by check made out to Pépinière Casse-Noisette, or in person at the nursery. An order receipt with all details will be sent by email. The majority of transactions are done on our site to ensure fast and efficient processing.
SECTION 10 - NOTICE ON THE RISKS WITH THE PURCHASE OF CERTAIN TREES
We sell trees that may be limited or untested for hardiness. Pépinière Casse-Noisette disclaims all responsibility for events occurring the year following a planting. It is your responsibility to carefully assess the risks before making a purchase, taking into account the hardiness of the species, your climate zone, and other environmental factors. We recommend consulting the technical data sheets available for each tree.
Explanation:
Some trees zoned 4b can grow very well in zone 3b just as some trees zoned 5b can grow successfully in zone 4b but this will depend on several factors. These factors are the type of soil, drainage, proximity to a large body of water (south side of the St. Lawrence River, Lake Saint-Pierre or Lake Saint-Jean), exposure to the sun, protection by buildings (urban area) or nearby trees (adjacent hedge or forest) and the potential for snow cover accumulation. For example, certain walnut plantations in open fields with full exposure to the prevailing winds, in borderline zones of hardiness or poor drainage/soil compaction, have proven less conclusive. YOU NEED TO THINK ABOUT ALL THESE FACTORS BEFORE PLANNING TO PURCHASE A SIGNIFICANT QUANTITY OF TREES.
SECTION 11 - 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 changes to or modify 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 placed. been passed. 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 order and account information for all orders placed through our online 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.
For more details, please see our Returns Policy.
SECTION 12 - COPYRIGHT AND USE OF SITE CONTENT
The texts, layouts, logos, photographs, illustrations and other elements constituting the Pépinière Casse-Noisette site are protected by copyright. They constitute the property of Pépinière Casse-Noisette and/or its contributors. Unless otherwise stipulated, the use of textual or encrypted information on the site is authorized for non-commercial and non-advertising purposes, provided that the source is mentioned. Any commercial or advertising reproduction, as well as the use and reproduction of other elements constituting the site, are strictly prohibited without prior authorization from Pépinière Casse-Noisette.
SECTION 13 - CREATION OF HYPERLINKS TO THE SITE
Pépinière Casse-Noisette authorizes the creation without prior request of surface links which return to the home page of the site or to any other page in its entirety. However, the use of techniques such as "framing" or "inlining" to include all or part of the site in a website, partially or completely masking the exact origin of the information, requires written authorization. from Nutcracker Nursery.
SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or oversight.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without 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 will also be subject to these Terms of Use.
