Terms and Conditions
www.peacevalleyforagers.ca,
www.peacevalleyforagers.com
Effective date:
21st day of May, 2023
Last Updated:
22nd day of May, 2023
These terms and conditions (the "Terms and Conditions") govern the use of www.peacevalleyforagers.ca and www.peacevalleyforagers.com (the "Site"). This Site is owned and operated by Derrick McDougall. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Derrick McDougall and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
User Contributions
Users may post the following information on our Site:
Reviews.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions. Your reviews should be legitimate and accurate as possible. Posting false reviews may lead to slander chargers brought forward against you.
Accounts
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site, but are not limited to:
Fiddleheads;
Morel Mushrooms;
Stinging Nettle;
Chaga; and
Pine Mushroom.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Pre Orders
Some items on the Site may only be made available to you by way of pre-orders. Pre-orders do not guarantee delivery of the purchased product, but lock in the price and make you priority above others. All pre-orders are to be paid in advance. Refunds are issued in the event a pre-order cannot be fulfilled.
Contracts and Invoices
Bulk orders may require you to sign a Contract between yourself and the Site. The amount set out in the Contract (or invoice) must be paid in full before the invoice due date. The Site reserves the right to change the price and/or terms of the contract if the invoice has not been paid in full prior to the due date.
Payments
We accept the following payment methods on our Site:
Credit Card;
Debit; and may explore other options such as
Cash on Delivery; and
E transfer.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. You and Derrick McDougall are both bound by Stripe’s terms and conditions when you make a purchase from the Site.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Doorstep Delivery; or
Canada Post.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
Doorstep delivery charges you pay include doorstep delivery to addresses inside the legal boundaries of your town or city you choose at checkout. Your place of residence and the delivery location must be the same. The Site has the right to cancel your order or modify the delivery fee for areas outside of those boundaries.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Derrick McDougall and his directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Derrick McDougall and his directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of British Columbia.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Derrick McDougall are unable to resolve any dispute through informal discussion, then you and Derrick McDougall agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Derrick McDougall.
Notwithstanding any other provision in these Terms and Conditions, you and Derrick McDougall agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(250) 224-3870
info@peacevalleyforagers.ca
______________________________________
You can also contact us through the feedback form available on our Site.