Please read these Terms and Conditions carefully; this forms a legally binding agreement between you and Fertile Way and contains important provisions regarding return policies, liability, warranties and indemnities.
By using the Fertile Way website (the “Website”), or by placing an order for any of the products or services available on the Website (collectively, the “Product”), you agree, without limitation or qualification, to be bound by these Terms and Conditions (this “Agreement”) and such other additional terms, conditions, rules and policies that are referred to herein, each of which forms an integral part hereof and is hereby incorporated by reference.
All orders and purchases (each an “Order”) made through the Website are subject to all of the provisions of this Agreement, including the following:
When you place an Order:
- the Website will generate a draft purchase invoice for you to review, which will contain a detailed description and itemized purchase price of each of the Products purchased, your contact particulars, your terms of payment and the selections you have made in your purchase, but the taxes, shipping charges and any applicable discount rate will be estimated or indicated as “to be determined”,
- your method of payment will be authorized with the purchase price of the Products plus a 20% surcharge as a reasonable estimation of the taxes, shipping charges and any discounts to the purchase price,
- the total purchase price, including all taxes, shipping charges and discounts to the purchase price, as well as shipping dates and delivery times will be set out on the final invoice that will be sent to you by e-mail after Fertile Way review and acceptance of your order (the “Invoice”), which Invoice forms an integral part of this Agreement, and
- your method of payment will be charged the actual Invoice amount once the Invoice is transmitted to you.
Sales Tax and Shipping Charges
The Invoice will include, and Fertile Way will collect, provincial sales tax if you reside in Ontario and British Columbia and Goods and Services Tax if you reside in Canada, but you are solely responsible for all other sales taxes or other taxes, if any, on Orders shipped to you. You agree to pay the actual amount of such taxes and shipping charges, even if they are greater than the 20% surcharge set out above.
Fertile Way will have no obligation under an Order until the Order is accepted by Fertile Way in its sole discretion. When you place an Order, you may receive automatic order confirmation, which does not constitute such acceptance. Acceptance will be deemed to have occurred when Fertile Way sends you the Invoice or ships your Product. When accepting Orders, Fertile Way reserves the right to supply less than the quantity of Product ordered (and may reduce the purchase price accordingly).
No refunds will be provided. Product may only be returned for exchange or credit with Fertile Way, and only in accordance with the following provisions:
- Exclusions - There are no returns on herbs, books, charts, apparel, software, CDs, DVDs, services or clearance items.
- Return Process - All Product returns must have prior authorization. If authorized, you will receive a Return Authorization Number, which must be clearly written on the exterior of your return package. In addition, you must place a copy of the Invoice or the number of the Invoice in the package together with the returned products. You are responsible for the shipping costs of returning product to Fertile Way. To the extent possible, you must return Product to Fertile Way unused, undamaged, unmarked, in its original condition and in unopened packaging.
- Missing or Incorrect Product - If there is an issue with your Order involving missing Product or incorrectly shipped Product, you must contact Fertile Ways’ office at firstname.lastname@example.org within three days of your receipt of the shipment. Incorrect Product must be returned to Fertile Way unused, undamaged, unmarked, in its original condition and in unopened packaging. Fertile Way will have no obligation to accept returns for missing or incorrect product for which you do not provide notice within such three day period or if it is used, damaged, marked, opened or not in its original condition.
- Deadlines - Except for missing or incorrect Product, returns fully compliant with these provisions must be physically received by Fertile Way within 30 days of the purchase date shown on the Invoice. If not received by such date, returns will not be accepted. Fertile Way is not responsible for any delayed or lost shipments.
- Restocking Fee - Fertile Way will charge a 15% restocking fee against any exchange or credit if it reasonably determines that any returned items are not damaged or were not shipped in error.
Fertile Way will work quickly to ship out your products; accordingly, if you wish to cancel your Order, you must do so within two hours of placing your Order, and the following provisions apply:
- Cancellations after Shipment - If you cancel your Order after Fertile Way has shipped it, or if you refuse to accept delivery of an Order that has shipped, it will be treated as a return and you will be responsible for return shipping and restocking fees.
- Cancellation of Online/Telephone Consultation - For consultations, specific cancellation rules apply. Your consultation fee must be paid in full at the time of purchase. If you cancel your consultation less than 48 hours before your scheduled consultation date/time, you will be charged the full amount of the consultation fee. If you cancel your consultation more than 48 hours of your scheduled consultation date/time you will receive the full credit of your consultation to be used at a later time. It is the responsibility of the payee to contact Fertile Way to reschedule a consultation date/time at email@example.com.
Shipping and Delivery
All Product will be delivered to the address you have provided and will be shipped using the method of shipping that you choose when placing your Order. Please review the Invoice carefully before submitting your Order.
All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.
Fertile Way is not responsible for any errors or omissions in Product descriptions or prices or any other typographical errors that may be present on the Website. The use of products, names, logos and marks of other persons does not imply any connection between Fertile Way and the rights holder and each such right belongs to such rights holder.
Fertile Way may change this Agreement from time to time without prior notice, at its discretion, so please ensure that you regularly review this Agreement.
Fertile Way may make available certain information related to, without limitation, medicine and other health related matters (collectively, the “Health Information”). The Health Information is provided for educational and informational purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. You agree that Health Information obtained on the Website will not replace consultations with qualified professionals and that you are not relying on same. You agree that you assume all risks associated with the use of, or reliance on, any of the Health Information. You further agree that Fertile Way shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Health Information.
All right, title and interest in and to the Website and all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data source code, processes, designs, technologies, URLs, domain names, marks and logos and any other work forming any part of (or made available on) the Website (collectively, “Fertile Ways’ Content”) is fully vested in Fertile Way, its licensors or its suppliers and are protected by applicable copyrights, trade-mark rights, patent rights, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or this Agreement grants you any right, title or interest in or to Fertile Ways’ Content except the limited right to use the Website and conduct business on the Website. Unless otherwise expressly authorized by us in writing, you agree not to:
- copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Fertile Way Content;
- use any Fertile Way trade-marks, logos or names without Fertile Ways’ prior written consent.
- distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Fertile Way Content, to the maximum extent that such prohibition is permitted by applicable law;
- remove any proprietary notices or labels on or in Fertile Way Content, or
- allow any other person or entity to engage in any of the foregoing.
Warranties and Liability
Fertile Way represents and warrants that shipped Product will be free from material or workmanship defects for 30 days from the date Fertile Way ships the Product. Certain Product may have additional warranties by the manufacturer. All information provided on the Website is “as is” and “as available” without warranty of any kind, either express or implied. Fertile Way will not be responsible for any error or omission in the Website or the Fertile Way Content. Except as expressly set out in this agreement, Fertile Way makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of any products or services supplied under this Agreement, offered on the Website or purchased by you from Fertile Way. Fertile Way expressly disclaims all other conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, howsoever arising, including by usage of trade, by course of dealing, by course of performance, at law, in equity, or by statute.
Limit of Liability
Notwithstanding any other provision of this Agreement, in no event will Fertile Way be liable in connection with the Website, this Agreement, the Fertile Way Content, or any Product purchased by you
- for any indirect, special, incidental, consequential or punitive damages , including damages for loss of profits, goodwill, opportunity, earnings, use or data, regardless of whether Fertile Way has been advised of the possibility of such damages, or
- for any direct damages, in aggregate, exceeding the amount you have actually paid for the Product purchased by you from Fertile Way in the preceding twelve months.
Contact Information For Head Office
51424B - Highway 60
Spruce Grove, Alberta
In this Agreement, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of this Agreement, (ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s).
If any term or provision of this Agreement will be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, it will not affect the other terms or provisions hereof or the whole of this Agreement, but such terms or provisions will be deemed modified to the extent necessary in the court’s opinion to render such terms or provisions enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta in connection with any matter arising under this Agreement. You and Fertile Way expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement.
Any cause of action you may have with respect to this Agreement must be commenced within one year after the claim or cause of action arose, or it shall be barred.
The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soinet rédigés en anglais.
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