Terms of Sale

TERMS OF SALE

In addition to the Terms of Use which govern your use of the Website, these Terms of Sale (these “Terms“) govern any order or purchase (an “order” or “orders“) that you (the individual completing this order, “you” or “your“) make on the Website operated by Leafify as the supplier for your order, including applicable delivery and shipment terms. By proceeding to place an order and accepting these Terms of Sale, you agree to be bound by these Terms of Sale whether or not you have read them. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT PROCEED WITH YOUR ORDER.  Please print and retain a copy of these Terms of Sale for your records. This Website is only available for use by Canadian residents having a Canadian mailing address and only ships products to addresses in Canada.

We may modify these Terms of Sale at any time and from time to time. Such modification shall be effective when we post the updated Agreement at www.leafify.ca/termsofsale. You agree to be bound to any changes to these Terms when you use the Website (or any related services) after any such modification is posted. It is therefore important that you review these Terms. 

INDEX

This index is provided for your convenience only. You must read these Terms of Sale in their entirety.

1. ORDERING PROCESS 2

2. REJECTION OR CANCELLATION OF ORDER 2

3. AVAILABILITY AND DESCRIPTION OF PRODUCTS 2

4. QUANTITY LIMITS AND RESTRICTIONS 2

5. PRICE 3

6. PAYMENT TERMS 3

7. SHIPMENT 3

8. CANCELLATION, RETURNS, REFUNDS AND EXCHANGES 3

9. CHANGES TO THE TERMS OF SALE 4

10. DISCLAIMER OF WARRANTY 4

11. LIMITATIONS OF LIABILITY 4

12. GENERAL 4

  1. ORDERING PROCESS

All products on the Website are invitations to purchase and not offers to sell. Leafify reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order. You will receive an online confirmation that your order has been received by Leafify after you place your order on the Website. This online confirmation that your order has been received by Leafify does not constitute acceptance of your order. Rather, the confirmation of acceptance of your order will be delivered via an automatic e-mail to the e-mail address associated with your user account. In some instances, you may have the opportunity to pre-order products before they are available for sale. When you place a pre-order, your credit card will be authorized, but it will not be charged until the item is shipped to you. Delivery will occur after the release date, which is set by the manufacturer or distributor, and is subject to change. Quantities of items available on preorder may be limited.

  1. REJECTION OR CANCELLATION OF ORDER

There may be certain orders that Leafify must reject before acceptance or cancel after acceptance. Leafify reserves the right at any time after receipt of your order to accept or reject your order for any reason and Leafify will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that we reject the order, Leafify will have no obligation to fulfill your order and you will have no obligation to pay Leafify for the order. Leafify also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include:·

  1. limitations on quantities available for purchase;· 
  2. inaccuracies or errors in product or pricing information;· 
  3. a product recall on the item that you have purchased; or· 
  4. problems identified by Leafify’s credit and fraud avoidance department.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by Leafify or if additional information is required to accept your order. 

  1. AVAILABILITY AND DESCRIPTION OF PRODUCTS

The purchase of products on the Website is subject to availability. In the event that Leafify advises you that any products are no longer available, we will have no obligation to fulfill your order and you will have no obligation to pay Leafify for the order. We endeavour to ensure that images, depictions and descriptions of goods or services made available for purchase on the Website are accurate. However, we cannot guarantee that the colors, quality and other features of the products delivered in accordance with your order will appear exactly as they appear or described on the Website.  While the Website attempts to be accurate in its product descriptions, Leafify does not represent or warrant that product descriptions or other materials on this Website are accurate, complete, reliable, current, or error-free. 

  1. QUANTITY LIMITS AND RESTRICTIONS

Leafify reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Leafify also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Sale, reselling is defined as purchasing or intending to purchase any product(s) from the Website for the purpose of engaging in a commercial sale of that same product(s) to a third party.

  1. PRICE

By confirming your purchase at the end of the checkout process, you agree to pay Leafify the amount set out as the “Order Total” during the checkout process, subject to adjustment as described herein (the “Purchase Price”). The “Order Total” is quoted in Canadian dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and an estimate of all applicable taxes. The Purchase Price will be charged in Canadian dollars in accordance with the Payment Terms of these Terms of Sale in one or more charges as each product is shipped. 

Please note that actual sales taxes are calculated on items as they ship, and therefore, due to mathematical rounding, there may be a slight adjustment to actual sales taxes owed and included in the Purchase Price from those estimated in your Order Total. In the event that an item is listed at an incorrect price due to an error in pricing, Leafify reserves the right, at our sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Leafify may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

  1. PAYMENT TERMS

Payment processing services for the Website are provided by Stripe Inc. or its Canadian affiliate (as applicable, “Stripe“). You authorize us to share with Stripe the financial information, banking details and transaction information related to your use of Stripe’s payment processing services and the Website. You also agree that we are not responsible for the use or misuse of such financial information, banking details and transaction information by Stripe or any third party. Use of payment processing services by Stripe is subject to Stripe’s terms and privacy policy, which may be found at: https://stripe.com/en-ca/ssa.

Payment for orders must be made with an accepted credit or debit card through the Website. The prices of products made available for purchase and other fees are subject to change at any time for any reason at our sole discretion.  

You authorize Stripe and Leafify to charge the applicable card for the Purchase Price and you represent and warrant that you are the cardholder of the applicable card or otherwise authorized to complete the order with that card. If your card is rejected by Stripe or the card issuer, your order will not be shipped and Leafify will have no obligation to fulfill your order. All billing and registration information provided by you to Leafify must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.

  1. SHIPMENT

Your order will be shipped by one of our third party carriers, agents or other contractors. We are not responsible for any loss of the products following shipment from our or our agents’ or mandatories’ facilities to your delivery address. For home shipping, the products you purchased may be shipped to you separately. If your products are shipped separately, the Purchase Price for your items, which includes the shipping fees, may be charged to your selected credit card in one or more charges, when products are shipped.

  1. CANCELLATION, RETURNS, REFUNDS AND EXCHANGES

You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws. We will respect all such applicable laws. In addition to these statutory rights, returns of product purchased on the Website are governed by Leafify’s Return Policy. Please review the applicable Return Policy and print and retain a copy for your records. Leafify will not exchange orders. Rather, customers who want to exchange an item purchased on the Website will have to return their purchase in accordance with our Return Policy and then place a new order for the item they want. Requests for an exchange or refund will be considered on a case-by-case basis, at our discretion.

  1. CHANGES TO THE TERMS OF SALE

The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Leafify may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Leafify you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order. 

  1. DISCLAIMER OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, LEAFIFY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), RELATING TO THIS WEBSITE OR ANY CONTENT, INFORMATION OR GOODS ACCESSED, OFFERED, PURCHASED OR SOLD THROUGH THIS WEBSITE OR THEIR USE, SUITABILITY OR AVAILABILITY OR ANY TRANSACTION CONDUCTED ON THIS WEBSITE, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. LEAFIFY MAKES NO REPRESENTATIONS OR WARRANTIES AND PROVIDES NO CONDITIONS IN CONNECTION WITH THIS WEBSITE OR ANY CONTENT, INFORMATION OR GOODS ACCESSED OR OFFERED THROUGH THIS WEBSITE OR THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION ON IMPLIED WARRANTIES AND CONDITIONS. 

  1. LIMITATIONS OF LIABILITY

In no event shall Leafify be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you including for damages arising in connection with or relating in any manner whatsoever to: (A) this Website; (B) any content, information or goods accessed, offered, purchased or sold through this Website or their use, suitability or availability (including the inability to use); (C) any transaction conducted on this Website; and (D) any unauthorized access to or alteration of your data. If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Leafify for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction. The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Leafify had been advised or had reasons to know of the possibility of such damages. Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This section shall apply to you to the maximum extent permitted by applicable laws. 

  1. PRIVACY

Leafify’s personal information practices on the Website, including the collection, use and/or disclosure of your personal information and/or financial information for the purposes of facilitating an order, are governed by our Privacy Policy, which is incorporated in to and forms part of these Terms of Sale. Our Privacy Policy can be viewed at: www.leafify.ca/privacypolicy. Please review this Privacy Policy and print a copy for your records. 

  1. GENERAL

These Terms of Sale together with the details of your order and the Terms of Use which govern your use of the Website constitute the entire agreement between you and Leafify with respect to any order made by you on the Website and supersede all previous agreements, understandings and representations relating thereto. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. The delay or failure of Leafify to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. Leafify shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable shipping delays. In the event of an inconsistency between the Terms of Use and these Terms of Sale, the wording in these Terms of Sale shall prevail.