Terms and Conditions

The present conditions of sale are concluded by the company Les solutions horticoles HerbiaEra inc. hereafter called "HerbiaEra" and on the other hand, by any person or legal entity wishing to make a purchase via the website www.herbiaera.com hereafter called "the buyer" or "the customer".

Object

The present general conditions of sale have for object to define the contractual relation between HerbiaEra and the buyer and the conditions applicable to any purchase made via the site. The acquisition of a good or a service by the means of the present site implies an acceptance without reserve by the buyer of the present conditions of sale.

These conditions of sale will prevail on all other general or particular conditions not expressly approved by HerbiaEra. HerbiaEra reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the day of the order by the buyer.

Characteristics of the goods and services proposed

The products and services offered are those listed in the catalog published on the site of HerbiaEra. These products and services are offered within the limits of available stocks. Each product is accompanied by a description established by the creator. The photographs of the catalog are the most faithful possible, but cannot ensure a perfect similarity with the proposed product, in particular as regards the colors of wood, the textures and the reflections.

Orders

The buyer who wishes to buy a product on the online store must:

Place the product they wish to purchase in their shopping cart and validate their cart.
Fill in the identification form on which he will indicate all the information requested.
Validate your order after having checked it.
Make the payment in the prescribed conditions.
Confirm your order and payment.
The confirmation of the order implies the acceptance of the present conditions of sale, the recognition of having perfect knowledge of them and the renunciation of its own conditions of purchase or other conditions. All the data provided and the recorded confirmation will be worth proof of the transaction. The confirmation will be worth the signature and the acceptance of the transactions. The seller will communicate by e-mail the confirmation of the registered order.

The validated order is considered effective only when the concerned banking payment centers have given their agreement. In case of refusal of the said centers, the order is automatically cancelled.

Prices

The prices displayed on the site are indicated according to the currency of the country and are displayed according to the IP address of the customer.
Canada : Prices are in CAN
HerbiaEra reserves the right to modify its prices at any time, being however understood that the price appearing at the day of the order will be the only one applicable to the buyer.

Customs duties and taxes

For the moment, HerbiaEra only delivers products in Canada.

Terms of payment
The amount is due at the time of order.

The accepted methods of payment are:

Credit card (VISA, Mastercard) and PayPal. For each order, an invoice will be sent to you by email when your package is shipped.
The security of the transport of the card data is ensured by a 128-bit SSL (Secure Socket Layer) encryption and the payment page is hosted on a bank server that guarantees the integrity and confidentiality of the data collected. Payment by PayPal (Visa, MasterCard, American Express or Paypal account): To learn more, visit the Paypal website. If you have a Paypal account or if you wish to pay by credit card, we offer you the option of paying by Paypal. As for the payment by credit card, Paypal guarantees the security of your banking data, and avoids you to have to enter your card number each time.

Terms of delivery

The deliveries are made to the address indicated in the order form. HerbiaEra could not be held responsible for the possible errors of seizure of the customer and the consequences which result from it (for example errors or delays of delivery). Within this framework, the expenses engaged for the return of the order would be the responsibility of the customer. In case of visible deterioration of the package, the customer has the possibility to refuse the delivery. In case of damage during the transport, the motivated protest must be made with the conveyor and HerbiaEra within three days as from the delivery. In case of dispute, the investigation can last up to twenty one (21) working days. All the complaints relating to a defect of the delivered goods, an inaccuracy in the quantities or their erroneous reference will have to be transmitted to HerbiaEra within 72 hours following the reception of the parcel, failing which the right of complaint will cease.

Transfer of the risks

The delivery is carried out by the carrier of the ordered goods to the customer. It is materialized by the signature of the delivery note by the customer. The ordered products travel at the risk of the sender; it is thus up to the customer, in case of damage, to make all the necessary observations with the carrier at the time of the delivery, and at the same time to inform the customer service of HerbiaEra.

Delivery time

Orders are considered valid upon receipt of payment. Here are the delivery times to be taken into account from the day after the day of your order.

To Quebec: 5 working days;

To the rest of Canada: 5 to 10 business days;

The delivery times are only indicative;

Delivery time for pre-orders
Items pre-ordered through The Hive will be delivered in the summer of 2021 and items pre-ordered through the HerbiaEra website will be delivered in the fall of 2021.

Shipping costs

Delivery in Canada is offered for purchases of $199 or more. Delivery fees are defined according to the total weight of the package to be delivered, the shipping method and the delivery location. This amount will be calculated automatically before the validation of your order, after having communicated your delivery address. We recommend that you group all your items in one order. We cannot combine two orders placed separately and shipping charges will apply to each.

Right of withdrawal and return

The customer has a withdrawal period of fourteen (14) days from the date of receipt of his order.

The customer must, before any return of the product, contact HerbiaEra by e-mail in order to take knowledge of the procedure of return.

The expenses of return are chargeable to the customer except in case of anomaly noticed on the received product, not resulting from bad conditions of transport. In the event that the customer refuses to accept the delivery of the package, the shipping costs will not be refunded. Any refund to the customer will be made within thirty (30) days following the exercise of this right. Within this period, the customer will have the choice of requesting either a refund of the sums paid or an exchange of the product. When the right of withdrawal is exercised for one (or several) good (s), HerbiaEra is held to refund the customer all the paid sums, including the initial expenses of delivery, without unjustified delay and at the latest in the fourteen (14) days as from the date on which HerbiaEra is informed of the decision of withdrawal of the customer. HerbiaEra may defer the refund until the goods are recovered or until the customer has provided proof of shipment of the goods. The refund will be made by HerbiaEra using the same payment method that the customer used for the initial transaction.

This right of return can only be accepted for products in their original and complete state (packaging, accessories, instructions, etc.), without any trace of use. Products returned and incomplete, damaged, damaged or soiled by the customer will not be refunded in full.

Limits of the right to reimbursement:

The responsibility of the customer could be engaged by HerbiaEra in case of:

deterioration of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods
any damage caused to the product during the reception of the goods by the customer and until their return to HerbiaEra
incomplete return of the goods and their accessories without their packaging, instructions and documentation.
In such cases, the amount that can be withheld from the refund of the product or requested from the customer may amount to:

100% of the price of the good for a damaged or used product
50% of the price of the good if no accessories or consumables are returned,
10% of the price of the product if no instructions or documentation are returned.

Warranty

Warranty for the planters

HerbiaEra grants the customer a free warranty that takes effect on the date of delivery. The product is guaranteed if it is accompanied by its purchase invoice. The customer has a period of two years as from the delivery of the good to act as legal guarantee of conformity. The guarantee includes the replacement of parts and labor.

Warranty of the substrates

HerbiaEra conceives and commercializes living products. The natural germination rate of the seeds being between 75 and 95%, we cannot guarantee a 100% germination. To ensure maximum satisfaction, we offer a "satisfied or exchanged" guarantee on our substrates. The guarantee substrate is valid for any purchase of a Substrate on the site www.herbiaera.com. To request warranty coverage, please contact our Customer Service Department with a photo of the substrate in your planter and indicate the species and planting date. If your substrate is found to be non-compliant, we will reimburse you in the form of a voucher for www.herbiaera.com or we will send you a new substrate free of charge. To be effective, the warranty request must be made between 20 and 30 days after the date of planting of the substrate. The substrates are guaranteed for 1 year from the date of purchase (invoice date). In the case of a refund, you will receive a voucher for the value of your substrate by email within an indicative period of 10 days from the date of receipt of your application.

Warranty exclusions

Warranty exclusions related to the origin of the damage:
HerbiaEra's warranty does not apply in case of accidental material damage, it does not cover in particular deteriorations and breakdowns resulting from:

improper installation or improper use or maintenance of the product, including:
improper use of the equipment or failure to follow the instructions in the user manual;
Use of power not in accordance with the manufacturer's instructions;
Addition of fertilizer, soil or other products not recommended by HerbiaEra;
Addition of parts not recommended by the manufacturer;
Opening and altering the contents of the warranted product;
lightning, flood, fire, power surge, shock, poor ventilation, dropping, discoloration due to light, burns, humidity, excessive heating or the presence of insects or diseases;
repairs and/or any intervention on the equipment and/or its opening by a person other than the HerbiaEra customer service;
maintenance, repair or replacement of parts due to normal wear or lack of maintenance;
corrosion, oxidation, poor connection or external power problem. If, for example, a connection is made to a defective outlet, the warranty will not apply;
If the device or substrates are stored in an inappropriate space (humid room, too hot room, outdoor storage, etc.).
Warranty exclusions related to the nature of the damage (consequential damages): HerbiaEra's warranty covers only the right to repair or replace the warranted product. Therefore, consequential damages resulting from failure or deterioration are not covered by the warranty.

Other exclusions:

Damage and failures falling under the specific exclusions provided in the user manual

Guaranteed products that the customer cannot return or those returned without their accessories;

Responsibility

The seller, in the process of selling online, is only bound by an obligation of means; it can not be held responsible for damages resulting from the use of the Internet such as data loss, intrusion, viruses, service failure, or other unintended problems.

Personal data

In accordance with the law, the information in personal matter relating to the purchasers can be the object of an automated treatment. HerbiaEra reserves the right to collect information on the buyers in particular by using cookies. The users have the right to access and correct the data concerning them.

Archiving

HerbiaEra will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy. The registers of HerbiaEra will be considered by the parts as proof of the communications, orders, payments and transactions occurred between the parts.

Settlement of disputes

The present online sales conditions are subject to Canadian law.