TERMS OF USE

(Last modified on April 21, 2021)

1. Welcome; Acceptance and Modifications; Contacting Us

Welcome to the Jardins Vitrum Hortis (Les) E-commerce Website and E-Commerce Services. We thank you for choosing to shop with us.

By visiting the Website and / or using the E-Commerce Services (including but not limited to purchasing a Product), you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website or E-Commerce Services, and if you are making a purchase, you should not proceed with your purchase. The TOU are a legal and binding agreement between you and us.

Jardins Vitrum Hortis (Les) and our Representatives reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website or the E-Commerce Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the email address specified in your account, or by posting a prominent notice on the Website.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website and E-Commerce Services.

If you have any questions about the TOU, please contact:

or:

Jardins Vitrum Hortis (Les)

201 Rue Saint-Vallier Ouest, Suite 200, Québec, Québec, CA

If you have any questions about the Website or your purchase of Products, please contact the Merchant at or 201 Rue Saint-Vallier Ouest, Suite 200, Québec, Québec, CA.

2. Definitions

These TOU cover several different situations, so please refer to the following definitions for clarification:

“E-Commerce Services” are the e-commerce software services that Merchant has licensed that allow you to purchase Products on the Website, and related functionalities.

“Merchant” or “the Merchant” refers to Jardins Vitrum Hortis (Les). Where the present TOU refer to “Merchant”, they may refer to Jardins Vitrum Hortis (Les) and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”). Without limiting the generality of the foregoing, Representatives includes The Creative Horde Inc., which owns the Website and E-Commerce Services and licenses them to Merchant. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Merchant.

“Products” refers to the various products or services you can purchase through the E-Commerce Services on the Website.

“Users” refers to anyone visiting the Website or using the E-Commerce Services. In these TOU, a Website visitor or E-Commerce Services User may also be referred to as “you”. When an E-Commerce Services user has created an account and is logged in, they may be referred to as a “Logged-in User”. When an E-Commerce Services user has made a purchase of a Product, they may be referred to as a “Purchaser”.

“Website” refers to the website located at the URL which is operated by Merchant, and includes all subdomains and subpages, present and future.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.

3. General Code of Conduct for Use of the Website and E-Commerce Services

By visiting the Website and / or using the E-Commerce Services, you agree to:

Not use the Website or E-Commerce Services in any manner that in any way violates these TOU or any other applicable policy posted on the Website by Merchant;
Not use the Website or E-Commerce Services in any manner that violates any intellectual property rights of Merchant or any third party;
Not use the Website or E-Commerce Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
Not use the Website or E-Commerce Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Merchant or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Merchant, other Users, or any other third party;
Not: (1) take any action that imposes or may impose (as determined by Merchant in its sole discretion) an unreasonable or disproportionately large load on Merchant’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or E-Commerce Services or any activities conducted through the E-Commerce Services; (3) bypass any measures Merchant may use to prevent or restrict access to the E-Commerce Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or E-Commerce Services; or (5) harvest or scrape any content from the Website or E-Commerce Services in an unreasonable manner;
Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website or E-Commerce Services;
Not use the Website or E-Commerce Services to in any way collect information (whether personal data or not) of any third party or in violation of Merchant’s Privacy Policy;
Not interfere with any third party’s use or enjoyment of the Website or E-Commerce Services;
Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
Not attempt to do any of the foregoing prohibitions;
Use the Website and E-Commerce Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

4. Accounts, Passwords and Logged-in Users

a. Accounts and Passwords

You may optionally create an account to facilitate repeat purchases and use other functionalities on the Website. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.

As part of the account registration, you will be assigned a password. If you choose to change your password through the Website, it is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.

If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Merchant and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the E-Commerce Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.

Merchant reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described further in these TOU.

b. Account Information

The information required to create an account is the following: your email address. This information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “Account Information”.

By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the E-Commerce Services, at our sole discretion.

c. Age Requirements

You must be 18 years of age or the age of majority in your province or state to use the E-Commerce Services to purchase Products. Individuals under the age of 18, or applicable age of majority, may utilize the E-Commerce Services only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these TOU.

5. Products, Pricing, Taxes and Payments

a. Products for Sale through the E-Commerce Services

We have done our best to display as accurately as possible the colours of the Products shown on the Website. However, because the colours you see will depend on your monitor or display, we cannot guarantee that your display of any Product colour will be accurate. While the Website attempts to be accurate in its Product descriptions, Merchant does not represent or warrant that Product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your may return it in accordance with Merchant 's Return Policy described below.

The purchase of Products on the Website is subject to availability. In the event that Merchant advises you that any Products are no longer available, Merchant will have no obligation to fulfill your order and you will have no obligation to pay Merchant for the order. If your payment has already been made, you will be refunded.

b. Pricing and Payments

Prices displayed through the E-Commerce Services are firm and are listed in Canadian dollars, though depending on your location the E-Commerce Services may automatically detect your country and provide your local currency. The price may also be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method).

By confirming your purchase at the end of the checkout process by clicking the “Checkout” button, you agree to pay Merchant the amount set out as the Total on the checkout page. The Total is quoted in Canadian dollars (or other currency if applicable), and includes shipping and handling fees, any other additional fees, and all applicable taxes.

Depending on your location, your purchase may be subject to import duties, national or local taxes, and/or customs or brokerage fees which will not be displayed during the checkout process. You acknowledge that you are solely responsible for any of these additional charges.

While we strive for accuracy in the pricing displayed on the Website and the other product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, Merchant reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Merchant reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser's credit card charged. If the Purchaser has already been charged for the purchase and the order is cancelled, Merchant shall issue a credit to the credit or debit card account used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees).

If you have a valid promotional code or gift certificate, it shall be applied and displayed during the checkout process once you enter the code. In the event that an incorrect discount is applied, Merchant reserves the right to refuse or cancel any orders listed at an incorrect discount. Merchant reserves the right to refuse or cancel any such orders whether or not the purchase has been confirmed and the Purchaser’s credit card charged.

c. Billing Information and Payment Processing

In order to make a purchase of Products through the E-Commerce Services, you will be required to enter your name, billing address, credit card number, credit card expiry date, CVV (card security code) number, email address, and shipping address if different from your billing address. This may be referred to in these TOU or the Privacy Policy as “Billing Information”.

All payments for Products made through the E-Commerce Services are processed using a secure https:// connection, and payment processing is handled through “Third-Party Payment Processors”, which may include Helcim, Paypal and Stripe, among others, though these are subject to change without notice. The Third-Party Payment Processors currently accept certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options but these are subject to change without notice. Once transactions are accepted by a Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Use. Merchant and the Third-Party Payment Processors are unaffiliated companies and Merchant has no influence on the operations of the Payment Processors. Merchant and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Third-Party Payment Processors.

All Billing Information is collected by the Third-Party Payment Processors, on their own secure servers. Merchant does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processors. Non-financial information will, however, be available to Merchant for shipping and data-keeping purposes. While Logged-in Users can store Billing Information for future purchases, credit card information is not available to Merchant.

d. Shipping and Delivery

Depending on the circumstances and the method of delivery chosen, delivery may be made by third-party delivery services, specifically Jardins Vitrum Hortis (Les) (the “Third-Party Delivery Services”). Merchant and / or its Representatives shall in no way be held responsible for any damages resulting from any error or failure on the part of Third-Party Delivery Services. Risk of loss, damage or destruction shall pass to Purchaser upon delivery.

e. Pick-up of Products

Depending on the Products purchased, certain Products may be available for pick-up from the Merchant’s physical location. The address for pickup shall be presented to you upon selection of this option if available, and will be included in the email confirmation of your purchase. You will be required to select the date and time for the pick-up using the scheduling tool on the Website, which will also be included in your email confirmation. If you are unable to make the pick-up time, please contact us with the contact information in the email to inform us and schedule a new time. If you do not contact us and fail to arrive at your pick-up time, you may forfeit the purchased Product(s) and not be entitled to a refund, at our sole discretion.

6. Return and Refund Policy

Depending on the nature of the Product purchased, you may be entitled to return the Product and obtain a refund. To find out if you are eligible for returns and / or refunds, please contact us at or tel:+15817488887.

All refunds for returned Product(s) (if available) will be issued as soon as practicable, but no more than 5 working days, following our receipt of the returned Product(s). Your refund, including all taxes, shipping fees and any additional fees will be issued to the same credit or debit card used to make the purchase.

7. Proprietary Rights and User Content Rights

a. Intellectual Property Rights

You acknowledge that: (a) the Website and E-Commerce Services contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) Merchant and/or third parties (via license) own all right, title and interest in and to the Website and E-Commerce Services and content that may be presented or accessed through the Website and E-Commerce Services, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Merchant and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, whether registered or not, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website or E-Commerce Services, or content that may be presented or accessed through the Website or E-Commerce Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the E-Commerce Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website or E-Commerce Services; or (iii) remove, obscure, or alter Merchant’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website or E-Commerce Services.

The content, arrangement and layout of the Website and E-Commerce Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Merchant, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Merchant, or as permitted by the functionality of the E-Commerce Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Website or E-Commerce Services, Computer Code, images, logos, videos, audio or trademarks found in the Website or E-Commerce Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Merchant may take action accordingly.

The above paragraph further applies to third party property used as part of the E-Commerce Services or Website, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

b. Submitted Information

If you choose to communicate to Merchant (via any means) suggestions for improvements to the Website or E-Commerce Services or Merchant’s Products or business generally (collectively, “Feedback”), Merchant shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Merchant and waive in favor of Merchant, its successors and assigns all your moral rights in the Feedback, and agree to provide Merchant such assistance as Merchant may require to document, perfect, and maintain Merchant’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Merchant, you are not entitled to any compensation or reimbursement of any kind from Merchant under any circumstances.

c. User Content

As a User, you may use the E-Commerce Services to create and submit text, including but not limited to Product reviews, which may be visible to other Website visitors, Users or third parties in various ways. You may also now or in the future upload certain file types including but not necessarily limited to text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the E-Commerce Services. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by the Merchant policy for User Content as described in this section (the “User Content Policy”).

When you submit User Content, you acknowledge and agree to the following:

User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted contains your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Merchant to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the E-Commerce Services and these TOU;
You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to Merchant, you hereby grant Merchant a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Websites and E-Commerce Services and / or Merchant's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Websites or E-Commerce Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you, though Merchant reserves the right to offer you compensation. You understand and agree that Merchant may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
You also hereby waive any moral rights you may have in your User Content and grant other visitors or Users of the Websites or E-Commerce Services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content only as permitted through the functionality of the E-Commerce Services and under these TOU;
The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam;
You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.

Where you are accessing or downloading User Content of a User, you acknowledge that any use of User Content accessed or downloaded by you while using the E-Commerce Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Merchant disclaims any responsibility in this regard.

If you as a Website visitor or E-Commerce Services User believe that a Logged-in User has posted User Content that violates this User Content Policy, please contact us at so that we may conduct an inquiry. Merchant retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

User Content is not edited, curated or otherwise modified or checked by Merchant prior to posting. Merchant reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy.

Merchant and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard.

8. Interruption of Service

From time to time, the Website or the E-Commerce Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Website or E-Commerce Services. While we will endeavour to make this unavailability as brief as possible, Merchant and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website or E-Commerce Services, and disclaims any responsibility thereto.

9. Suspension or Termination of your Account; Termination of the E-Commerce Services and the TOU

You agree that Merchant, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise suspend or terminate your access to or use of the Website and / or E-Commerce Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if Merchant believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

Merchant may also, in their sole discretion and at any time, discontinue providing the Website and / or E-Commerce Services, or any portion thereof, with or without notice. You agree that Merchant shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website or E-Commerce Services, or from Merchant’s termination of the Website and / or E-Commerce Services or any part thereof.

Termination of the Website and / or E-Commerce Services or your access to the Website and / or E-Commerce Services shall terminate the present TOU as between you and Merchant. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

10. External Links

From time to time Merchant may provide links to other websites or services. Links from the Website or E-Commerce Services may take you to websites or services not covered by these TOU. When you access third-party resources on the Internet in this manner, you do so at your own risk. Merchant provides those links as a convenience to you and Merchant takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Merchant does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites.

In no way will Merchant or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or E-Commerce Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

11. Disclaimer of Warranties

You expressly understand and agree that your use of the Website or E-Commerce Services, the information or material thereon (whether provided by Merchant or third parties) or any activity arising from your use of the Website or E-Commerce Services or the information thereon (including but not limited to your use of a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk. The Website and E-Commerce Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Website or E-Commerce Services or any other functionalities of the E-Commerce Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Website or E-Commerce Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website or E-Commerce Services or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.

The information or resources provided on the Website or through the E-Commerce Services, written or produced by Merchant staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website or E-Commerce Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Merchant and / or its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or E-Commerce Services.

Merchant expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website or E-Commerce Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Merchant and its Representatives do not warrant that: (i) the Website and E-Commerce Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website or E-Commerce Services is free of viruses or other harmful components; (iv) functionalities of the E-Commerce Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Website or E-Commerce Services, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.

12. Limitation of Liability

Merchant and its Representatives shall not be liable and assume no responsibility for any loss or damages arising from or relating to the information available through the Website or E-Commerce Services or downloaded therefrom, the use of the Website or E-Commerce Services, activities arising from your use of the E-Commerce Services (including but not limited to your use of a purchased Product), or any third-party materials on the Website or available through the E-Commerce Services.

To the maximum extent permitted by law, in no event will Merchant or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or E-Commerce Services or your use, misuse or inability to use the Website or E-Commerce Services, even if Merchant has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

13. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Merchant or its Representatives, you agree to indemnify, defend and hold harmless Merchant and its Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or E-Commerce Services or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the E-Commerce Services (including but not limited to your use of a purchased Product), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

14. Governing Laws and Jurisdiction

These TOU, and your use of the Website and E-Commerce Services shall be governed by and construed in accordance with the laws of the province, state, or other applicable administrative region of the Merchant (the “Merchant’s Jurisdiction”).

You agree that any legal action or proceeding between you and Merchant shall be brought exclusively in the courts located in the Merchant’s Jurisdiction. Notwithstanding the foregoing, Merchant shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Merchant’s Jurisdiction court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Merchant’s Jurisdiction court.

15. Miscellaneous Provisions

The TOU, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and Merchant with respect to your use of the Website and E-Commerce Services, superseding any prior agreements between you and Merchant, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Website or E-Commerce Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these TOU.
Merchant shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Merchant’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
The failure of Merchant to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Merchant.
The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.

PRIVACY POLICY

(Effective April 21, 2021)

Welcome!

Welcome to the Jardins Vitrum Hortis (Les) e-commerce Website and E-Commerce Services. We thank you for choosing to shop with us. We want you to know we take your privacy and protection of personal data very seriously. We are providing this Privacy Policy (the “Policy”) to tell you about who we are, what personal data we collect from you and about you, and what we do with your personal data, all while you use the E-Commerce Services or otherwise interact with us. The Policy also explains your rights under the law, and how you can contact us and the necessary authorities to enforce those rights. We ask that you please read it carefully.

Key Elements of this Policy

Here are the key elements of this Policy so you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting any personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy.

Personal data we collect from you but only with your consent	What we do with it	Third parties we share it with
Contact Information	Communicate with you about your purchase	Companies that provide infrastructure and software for the Website and E-Commerce Services, specifically Amazon AWS Amazon and AWS Simple Email Service
Account Information	Manage your account, communicate with you, and enable logging in to the E-Commerce Services	Companies that provide the infrastructure and software for the Website and E-Commerce Services specifically Amazon AWS and Amazon AWS Simple Email Service
Billing Information	Process the payments for your purchase of Products	Payment processors such as Helcim, PayPal and Stripe
Shipping Information	Deliver your purchased Products	Third-party delivery services specifically Jardins Vitrum Hortis (Les)

Some Terms

Before we get started with the details, here are a few terms we think you should know as you read this Policy.

“Data Protection Laws” refers to the laws that are designed to protect your personal data and privacy in the place where you live. These include: (1) the “GDPR”>, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official name Regulation (EU) 2016/679 of the European Parliament and of the Council; and (2) “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to commercial activities in Canada. We are committed to adhering to these Data Protection laws, and any other applicable Data Protection Laws.

“Personal data” – this is information we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA, the equivalent concept is “personal information”, which is roughly the same. Any mention of “personal data” in this Policy shall also mean personal information.

Other terms and definitions used in this Policy may be found in our Terms of Use, and will have the same meaning in this Policy as they do there. Most notably, these include:

“E-Commerce Services” are the e-commerce software services that Merchant has licensed that allow you to purchase Products on the Website, and related functionalities.

“Products” refers to the various products or services you can purchase through the E-Commerce Services on the Website.

“Website” refers to the website located at the URL which is operated by the Merchant.

About Us and Contacting Us

“Merchant” or “the Merchant” in this Policy refers to Jardins Vitrum Hortis (Les), a company at the mailing address listed below. Where the present Policy refers to “Merchant”, it may refer to Jardins Vitrum Hortis (Les) and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”). Without limiting the generality of the foregoing, Representatives includes The Creative Horde Inc., which owns the Website and E-Commerce Services and licenses them to Merchant. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Merchant.

Under the GDPR, Merchant is a “data controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means collection, use, storage, transfer or any other action related to your personal data; it is used in this Policy in that way.

If you want to ask us anything about what’s in this Policy, or anything else privacy- or data- related, or exercise any of your available privacy rights, you can email:

Jardins Vitrum Hortis (Les) Privacy Officer

Here is the mailing address for you as well:

Jardins Vitrum Hortis (Les) Privacy Officer

201 Rue Saint-Vallier Ouest, Suite 200, Québec, Québec, CA

Your Rights

You have the following rights regarding your personal data held by Merchant, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised without affecting the price you pay for any Product. Notwithstanding that, exercising certain of these rights may affect your ability to use some or all of the Website or E-Commerce Services.

The right to withdraw at any time your consent for Merchant to process your personal data;
The right to have your personal data erased from Merchant’s records;
The right to access your personal data and any relevant information around its processing and use;
The right to have a copy of your personal data given to you in an easy-to-read format so that you can transfer it to another data processor;
The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
The right to opt out of marketing communications we send you, at any time;
The right to know whether Merchant sells or shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy Officer if you need additional information or clarifications;
The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law; and
The right to refuse any marketing or advertising targeted at you by Merchant.

If you wish to exercise any of these rights, please contact our Privacy Officer at the contact information above, or refer to certain relevant sections further in this Policy.

Personal Data Collected from You and What We Use It For

In the table below, please find all the personal data we may collect from you directly, what we use it for, and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA, the legal basis is your informed consent, and by submitting this personal data you acknowledge having granted this consent to Merchant.

Personal data category	Personal data processed	What we use it for (the “purpose” of processing)	Legal basis for processing under the GDPR
Contact Information	Your email address	Communicate with you about your purchase	Your consent in giving us this information
Account Information	Your email address	Manage your account, communicate with you, and enable logging in to the E-Commerce Services	Your consent in giving us this information
Billing Information*	Credit card number, cardholder name, credit card expiry date, card security code (CVV), and billing address	Process the payments for your purchase of Products	Your consent and performance of a contract between you and us
Shipping Information	Your address	Deliver your purchased Products, if you choose to have Products delivered	Your consent and performance of a contract between you and us

*Please note that Billing Information is never stored on any servers or other equipment controlled by Merchant. While it is collected on the Website, it is immediately transferred to the Payment Processors as described below in this Policy.

Where you have provided personal data further to the contract between you and us, if you fail to provide such data or withdraw your consent to use such data, we will no longer be able to provide certain E-Commerce Services to you.

Personal Data Collected About You from Third Parties and What We Use It For

We generally do not get any personal data about you from third parties. Exceptionally, to the extent that analytics identifiers are generated from third parties, these may be considered personal data collected from third parties, and you can find details about that elsewhere in this Policy.

Sensitive Personal Data

We do not collect any of what the GDPR considers sensitive personal data from you.

Who We Transfer Your Personal Data To

We routinely share some of your personal data with certain types of third parties who are identified in the table below along with what they do with it. Some of those third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area, please see the “Transfer of Your Personal Data Outside of the European Economic Area” further down in this Policy for more information including on how we safeguard your personal data when this occurs.

We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of Merchant’s Terms of Use; or (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the E-Commerce Services infrastructure or the Internet in general (such as voluminous spamming or denial of service attacks).

We may also share personal data: (1) to a Representative, parent company, subsidiaries, joint ventures, or other companies under common control with Merchant (in which case we will require such entities to honour this Policy); or (2) if Merchant merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

We will never share your personal data with other third parties except under these circumstances. We do not sell or rent your personal data to any third party for direct marketing purposes or any other purpose.

Personal data category	Who we transfer it to	What they do with it
Contact Information	Companies that provide email services, Amazon AWS Simple Email Service	Send you emails about your purchase
Account Information	Companies providing technical infrastructure and software for the E-Commerce Services, specifically Amazon AWS	Store it so that we may use it to verify your logging in to the E-Commerce Services
Billing Information	Payment processing companies, which may include Helcim, Paypal and Stripe	Process the payments for your purchase of Products
Shipping Information	Third-party delivery services specifically {delivery_co}	Deliver your purchased Products
Advertising identifiers	Companies that provide online advertising networks, like Google and Facebook	Show you ads for Merchant and the E-Commerce Services when you are on the internet, as further detailed in the Merchant Advertising section below
Analytics identifiers and IP addresses	Companies that provide data analytics, specifically Google Analytics	Provide us with analytics as to how the Website and E-Commerce Services are used, as further detailed in the Limited Gathering of Information section below

Merchant Advertising and Opting Out

Merchant is continuously evaluating and modifying our use of various advertising networks, which may change from time to time. In this section you will find all the advertising networks that Merchant may use and instructions for opting out of them. If you wish to inquire about what advertising networks are being used at any particular time by Merchant, please contact our Privacy Officer at the contact information above.

Merchant may use Google AdWords and Display Network and by visiting the Website you consent to this use. Specifically, Merchant uses the remarketing features of interest-based advertising of Google AdWords that delivers you advertisements that will be of particular interest to you, based on your browsing and activity history interacting with the Website and E-Commerce Services. These advertisements will appear on third-party websites around the web. Google uses specific cookies to allow them to serve these ads around the web. You may prevent this type of advertising by deleting the appropriate Google cookie through your browser, though this may not be permanent. For a more permanent solution, you may opt out of such Google advertising by adjusting your Google ad settings or using the WebChoices online opt-out tool.

Merchant may advertise using Facebook Custom Audience, to display advertisements to you on Facebook or in Facebook Messenger that will be of interest to you, and by visiting the Website you consent to this use. Facebook may collect or receive information from the Website and E-Commerce Services and other applications and websites and use that information to provide measurement services and targeted ads. If you do not want to receive such Facebook advertisements, you can opt-out of such advertising by adjusting your Ad Preferences settings while logged in to Facebook.

Merchant may also advertise using LinkedIn Advertising, to display advertisements to you on LinkedIn that will be of interest to you, and by visiting the Website you consent to this use. LinkedIn may collect or receive information from our and use that information to provide measurement services and targeted ads. If you do not want to receive such LinkedIn advertisements, you can opt-out of such advertising by following LinkedIn's instructions or using the WebChoices online opt-out tool.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Merchant automatically collects certain information using third-party analytics program Google Analytics to help us understand how our users use the Website and E-Commerce Services, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect (as applicable) your IP address, browser and computer or device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Website visitors and E-Commerce Services users in the aggregate. Merchant also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website, the specific pages on the Website, and users with a view to introducing improvements to the Website and E-Commerce Services.

Your IP address and other relevant information we collect using Google Analytics may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

Tracking Technology (“Cookies” and Related Technologies)

Merchant uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Website and in the E-Commerce Services and by interacting with the Website and E-Commerce Services you agree to their use. Cookies are small text files placed on your computer or device when you visit a website or use an online service, in order to track use of the website or service and to improve the user experience by storing certain data on your computer or device.

Specifically, we use cookies and related technologies for the following functions:

to enable your logging-in to the E-Commerce Services and track your logged-in status to the E-Commerce Services;
for the proper functioning of the E-Commerce Services, including the proper functioning of payment processing;
to facilitate online advertising, as described above in this Policy;
to provide general internal and user analytics and to conduct research to improve the content of the Website and E-Commerce Services using Google Analytics as described above in this Policy; and
to assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been stored. You can refer to your browser’s help section for instructions, but here are instructions for the most commonly-used browsers and operating systems:

Please note that deleting or blocking certain cookies may reduce your user experience by requiring you to re-enter certain information, including information required to use our E-Commerce Services. Furthermore, deleting certain cookies may prevent certain functions, or the entirety of the E-Commerce Services, from working at all.

How We Protect Your Personal Data

We have implemented very strict technical and organisational procedures for ensuring that, by default, only the personal data which is necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost; or used or accessed in any unauthorised way.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws requires us to do so, and within the time frame required by the applicable Data Protection Law.

We use only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the E-Commerce Services, and these third parties have been selected for their high standards of security, both electronic and physical. For example, we use Amazon AWS, a recognized leader in secure data, for hosting of the E-Commerce Services and related data, and storage of data including personal data.

All information, including personal data, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for Internet data transfer and transactions. You can use your browser to check Merchant’s valid SSL security certificates on the Website.

Transfer of Your Personal Data Outside of the European Economic Area (EEA)

For European Purchasers, we endeavour to keep your personal data inside the EEA. However, certain of data processors are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

Canada. Canada has been determined to have an “adequate level of protection” for your personal data under European data protection law.
The United States. Your personal data is only transferred to companies in the United States that: (1) have signed agreements with us or have informed us that they are GDPR-compliant; and (2) have concluded the Standard Contractual Clauses for the transfer of personal data outside the EEA.

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA. Please contact our Privacy Officer to make that request. Please note that making this request may prevent you from being able to use a portion or all of the E-Commerce Services.

Supervisory Authorities and Complaints

If you are in the EEA or the U.K., under the GDPR you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy Officer, or if you would like to make a complaint directly about Merchant’s data practises, we invite you to contact the supervisory authority in your country. For example, if you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact the Commission Nationale de l'Informatique et des Libertés who is the supervisory authority there. Their contact information can be found here.

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.

If you are in Canada, you can make a complaint to the Office of the Privacy Commissioner here.

Data Retention

Your personal data will only be kept for as long as it is necessary for the purpose needed for that processing. For example, we will only retain your Account Information for as long as you have an account with us. We may, however, keep certain information for longer periods of time when required to by any law or regulation.

Automated Decision-Making

We do not use any automated decision-making processes in providing the E-Commerce Services.

Children’s Privacy Statement

The Website and E-Commerce Services are not intended for children under the age of 16. We do not knowingly collect any personal data from a child under 16. If we become aware that we have inadvertently received personal data from a person under the age of 16 through the Website or E-Commerce Services, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy. You can always find the most updated version at this URL, and we will always post a notice on the Website if we make significant changes.

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