1. Introduction
These Sales Terms and Conditions (hereinafter referred to as “Agreement”) govern the sale of goods (hereinafter referred to as “Products”) by Les Verts Living Inc. (hereinafter referred to as “Seller”) to the purchaser (hereinafter referred to as “Buyer”). By placing an order with the Seller, the Buyer agrees to be bound by the terms and conditions stated herein.
2. Orders and Acceptance
2.1 Order Placement: The Buyer may place an order through various methods provided by the Seller, such as online, telephone, or in-person.
2.2 Order Acceptance: The Seller reserves the right to accept or reject any order at its discretion. The acceptance of an order is subject to verification of the Buyer’s information (inclusive of ship to details), availability of the Products, and compliance with these Terms and Conditions.
3. Prices and Payment
3.1 Prices: The prices of the Products shall be as stated in the Seller’s current price list or as agreed upon between the Seller and the Buyer.
3.2 Taxes: The Buyer is responsible for all applicable taxes, duties, and other government charges related to the purchase of the Products.
3.3 Payment Terms: Unless otherwise agreed upon, payment shall be made in full at the time of placing the order or as per the payment terms stated on the Seller’s invoice.
4. Delivery
4.1 Shipment: The Seller shall make commercially reasonable efforts to deliver the Products within the agreed-upon time frame. However, any delivery dates provided by the Seller are estimates and are not guaranteed.
4.2 Risk of Loss: The risk of loss or damage to the Products shall pass to the Buyer upon delivery, and upon delivery the Buyer assumes the entire risk of loss, including loss or interruption of use of, or damage to, the Equipment from any cause whatsoever.
4.3 Inspection: The Buyer shall inspect the Products promptly upon receipt and notify the Seller of any defects or discrepancies within a reasonable time.
5. 90-Day Money-Back Guarantee
5.1 The Seller offers a ninety (90) day money-back guarantee on the Products purchased by the Buyer. If the Buyer is not satisfied with the Products for any reason, they may request a refund within ninety (90) days from the date of delivery.
5.2 Refund Process: To initiate a refund, the Buyer must contact the Seller’s customer sales representative and provide proof of purchase. The Seller may require the return of the Products in their original condition and packaging, at the Buyer’s expense, before issuing a refund.
5.3 Refund Amount: The refund shall be issued solely for the purchase price paid by the Buyer, excluding any shipping, handling, or additional charges incurred by the Buyer.
5.4 Refund Limitations: The ninety (90) day money-back guarantee applies only to the original Buyer who purchased the Products directly from the Seller. It does not cover Products that have been resold, modified, altered, damaged, improperly stored or handled, improperly tested or installed, neglected, misused, or used in a manner inconsistent with the Seller’s instructions, or to any Products that have been subjected to an accident.
5.5 Exclusions: Certain Products may be excluded from the ninety (90) day money-back guarantee due to their nature or specific terms indicated at the time of purchase. The Seller will inform the Buyer of any such exclusions prior to purchase.
5.6 Non-Transferable: The right to the ninety (90) day money-back guarantee is non-transferable and may not be assigned or extended to any other party.
5.7 No Other Remedies: Except as otherwise stated herein, the ninety (90) day money-back guarantee provided in this clause states the Buyer’s sole and exclusive right and remedy, and the Seller’s sole and entire obligation and liabilities for any action, claim, or damages that is brought against the Seller. If the Buyer returns the Product pursuant to the ninety (90) day money-back guarantee, this Agreement will terminate and neither the Seller nor the Buyer shall have any further liability nor obligation to the other hereunder arising out of or in respect of this Agreement.
5.8 Timeframe: The ninety (90) day money-back guarantee period begins on the date of delivery and ends exactly ninety (90) days thereafter.
6. Warranty
By using your unit (“Unit”), you are agreeing to be bound by the terms of Les Verts Living Inc.’s (the “Company”) limited warranty (“Warranty”) set forth below. If you do not agree to the terms of this Warranty, you may return the Unit (in its original, unused condition) within ninety days of the date of purchase for a refund in accordance with our returns policy as set forth below.
Do not use your Unit until you have read the terms of the Warranty.
If you have a problem with this Unit, please contact your sales representative immediately. Under no circumstances should you attempt to service the Unit in any way by yourself. This Warranty is not transferrable and extends and is provided only to the initial purchaser of the Unit purchased directly from the Company or its appointed resellers or distributors, as the Company determines in its sole discretion, and is subject to the conditions and limitations as set forth below. Please review the conditions and limitations carefully and strictly follow their requirements.
6.1 Consumer Law
This Warranty gives you specific legal rights, and you may have other rights that vary from province to province (or by country or state). Other than as permitted by law, the Company does not exclude, limit, or suspend other rights you may have, including those that may arise from the nonconformity of a sales contract. For a full understanding of your rights, you should consult the laws of your country, province, or state. Residents of Quebec are governed by that province’s consumer protection legislation.
6.2 Warranty Limitations Subject to Consumer Law
Applicable to all countries, states, and provinces to the extent permitted by law, with the exception of Quebec: to the extent permitted by law, this Warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. The Company disclaims all statutory and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, we limit the duration and remedies of such warranties to the duration of this express Warranty and, at the Company’s option, the repair or replacement services described below. The owner acknowledges that it has not relied upon any representation, condition, or warranty made by the Company, or any other person on the Company’s behalf, except as specifically provided herein. Some provinces do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.
6.3 Return
If you are the initial purchaser of the Unit and you are not satisfied with this Unit for any reason, you may return it to its original condition within ninety (90) days of the original purchase and receive a full refund. To return your Unit please contact the Company’s customer support or your appointed distributor. Units returned after ninety (90) days will be returned to the customer.
6.4 Warranty Coverage
For a period of up to five (5) years, the Company, or its appointed reseller or distributor will exchange the following parts or components which are found to be defective in material or workmanship under normal conditions of use and service:
| Maximum Warranty Period – 5 Years | |
| Part or Component | Defect Covered |
| Lights* | Stops Working |
| Fans | Stops Working |
| Smart Power Bar / Timers | Stops Working |
| Pump | Stops Working |
| Plastic | Loss of structural integrity |
| Metal | Loss of structural integrity |
*Lights may only be replaced once in 5-year period for Terrace indoor garden.
6.5 Extended Warranty Coverage
For an extended period of three (3) years for a total period of eight (8) years, the Company, or its appointed reseller or distributor will exchange the following parts or components which are found to be defective in material or workmanship under normal conditions of use and service:
| Maximum Warranty Period – 8 Years | |
| Part or Component | Defect Covered |
| Lights | Stops Working |
| Fans | Stops Working |
| Smart Power Bar / Timers | Stops Working |
| Pump | Stops Working |
| Plastic | Loss of structural integrity |
| Metal | Loss of structural integrity |
6.6 Five-Year Parts Warranty
In addition to the foregoing, for five (5) years from the date of purchase, the Company, at its option and sole discretion, will repair or exchange all parts and components not listed above but that are found to have a bona fide defect in material or workmanship under normal conditions of use.
6.7 Conditions and Limitations
The Warranties provided for herein, including, but not limited to, under sections four, five, and six are subject to the following conditions and limitations:
- The Warranty registration form can be filled out online at lesverts.com within 90 days of purchase. The initial owner agrees and acknowledges that a failure to complete the online Warranty registration within 90 days of purchase will invalidate the Warranty for the Unit.
- Set up, cleaning and maintenance must be performed in accordance with the Company’s instructions.
- The owner of the Unit must comply with all operating instructions.
- The Company is not responsible for the labor costs to remove defective parts or re-install repaired or replacement parts.
- The Company, at its expense (including shipping), will provide to the initial owner of the Unit replacement parts for any defective parts or components sent back to the Company or the appointed reseller or distributor, as specified in the Warranty. Before providing any replacement parts, the Company will require a hold on the owner of the Unit’s credit card for the full cost of the replacement parts (including shipping) until the Company has verified that the parts and components provided by the owner of the Unit are defective. Upon verification, if the Company determines that the parts and components provided by the owner are defective, the hold will be returned; if the Company determines that the parts and components are still working, the owner will be charged the full cost for the replacement parts.
- This Warranty applies to commercial and non-commercial use and service and is void if it is apparent that there is abuse, misuse, alteration, improper set up, accident, or lack of maintenance to the Unit.
- The Warranty does not apply where the Units have been:
- Improperly set up, operational or environmental conditions;
- Subjected to chemicals, dampness, or condensation, in or around the Unit that is more than the Company’s operating instructions;
- Subjected to wear-and-tear, dings, dents, discolouration, scratches, and or other impacts that affect aesthetic appeal, but are not structural in nature;
- Been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by the Company;
- been reconstructed, repaired, or altered by persons other than the Company or its appointed resellers or distributors; or
- been used with any third-party product, hardware or product that has not been previously approved in writing by the Company.
- The Company does not allow anyone to extend, alter or modify this Warranty and assumes no responsibility for direct, indirect, or consequential damages caused by the Unit. Provincial laws where the initial user or user resides may provide specific rights extending this Warranty and, if so, the Company’s sole obligation under this Warranty is to provide labor and/ or materials in accordance with those laws.
- This Warranty shall be binding upon and enure to the benefit of the parties and their respective successors.
6.8 Limitation of Liability
In addition to the above warranty disclaimers, and to the fullest extent allowed by law, the Company, its affiliates, and each of their appointed resellers or distributors will not be liable for any damages including, without limitation, lost profits, indirect, incidental, punitive, special, or consequential damages arising out of or in connection with the Unit. The foregoing limitation of liability will apply whether in an action for breach of contract, negligence, other tort, or any other theory, even if an authorized representative of the Company has been advised or should have knowledge of the possibility of such damages. The Company’s liability, and the liability of the Company’s affiliates, employees, licensors, and appointed resellers or distributors, to you or any third parties in any circumstance is limited to the amount actually paid for the Unit by the initial purchaser to the Company or its appointed resellers or distributors. Such limitations will apply notwithstanding any failure of essential purpose of this Warranty, or any remedy contained herein, including if a party has been advised of the possibility of any such failure or liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
6.9 Discharge of Liability
After two (2) years from the date of purchase, the Company may, at its option, fully discharge all obligations under this Warranty by paying to the initial owner the wholesale price of, or replacing, any defective parts.
7. Limitation of Liability
7.1 Limitation of Liability: In no event shall the Seller’s aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total amount paid to the Seller by the Buyer for the Product pursuant to this agreement, or one-hundred dollars ($100.00), whichever is less. The foregoing limitations shall apply even if the Seller’s remedies under this agreement fail of their essential purpose.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the province of British Columbia. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the province of British Columbia.
9. Entire Agreement
This Agreement constitutes the entire understanding between the Seller and the Buyer with respect to the sale of the Products and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written.