ACCEPTANCE OF THE TERMS
This website is operated by Larch Wood Enterprises Inc. Throughout the website, the terms “Larch Wood,” “we,” “us,” and “our” refer to Larch Wood Enterprises Inc. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions (« Terms »), including any additional terms, conditions, policies, or notices referenced herein and/or available via hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content.
By visiting our website and/or purchasing something from us (our « Products »), you engage in our « Service(s) » and agree to be bound by these Terms, including any additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of our Services.
MODIFICATIONS AND UPDATES
We reserve the right to update, change, or replace any part of these Terms at any time by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services after any changes constitutes acceptance of those changes.
REPRESENTATIONS AND WARRANTIES
By accessing or using our Services or purchasing our Products, you affirm and agree that:
- You are at least 18 years of age or have reached the age of majority in your jurisdiction;
- You have the legal authority to enter into this agreement. If you are acting on behalf of an organization, you have the legal authority to bind that organization;
- Your use of our Products and Services complies with all applicable laws and does not infringe upon the rights of any third party;
- All information you provide, including personal data, is accurate, truthful, and lawful;
- You will not use our Products or Services for any unlawful or prohibited activities;
- You assume full responsibility for all financial obligations resulting from your use of our Services, including but not limited to any applicable charges, fees, taxes, and duties. This responsibility also applies to any use of your Account by others, including minors; and
- You agree to supervise and take responsibility for any individuals under the legal age of majority in your jurisdiction who access or use our Services under your Account or name.
ACCOUNT REGISTRATION & RESPONSIBILITY
You may choose to create an account (« Account ») to access certain features of our Services. You are responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activities conducted under your Account. You agree to notify us immediately of any unauthorized use of your Account.
ORDER ACCEPTANCE AND CANCELLATION
Your order of any of our Products constitutes an offer to purchase under these Terms. All orders are subject to acceptance by us, and we reserve the right to decline any any order for any reason, including but not limited to:
- Inaccuracies in pricing or Product information;
- Limitations on quantities available for purchase;
- Any suspected fraudulent or unauthorized activity; or
- Situations where the order cannot be fulfilled as placed.
Once your order has been received, we will send you an acknowledgment email. This acknowledgment does not signify acceptance of your order, but merely confirms that we have received it. Acceptance of your order will occur only when we send you a shipping confirmation.
We reserve the right to cancel any order, even after confirmation, if:
- The Product is out of stock or discontinued;
- There is a pricing or description error;
- We cannot process your payment; or
- Fraudulent or suspicious activity is detected.
If your order is canceled, we will notify you by email and refund any amount paid for the Product.
PRICES AND PAYMENT TERMS
Before completing your purchase of any Products, you will have the opportunity to review the total fees, including the price of the Products, applicable taxes, shipping charges, and any other relevant costs. By proceeding with the purchase, you agree to pay all fees associated with your order as displayed during the checkout process.
Prices displayed on our website will reflect the currency applicable to your region. Transactions for customers in Canada are processed in Canadian dollars (CAD), while transactions for customers outside Canada are processed in United States dollars (USD). Prices, discounts and promotions are subject to change without notice. We reserve the right to correct any errors or inaccuracies in pricing and to cancel orders resulting from such inaccuracies.
Applicable taxes and shipping fees will be calculated at checkout and itemized in your order confirmation. You are responsible for all applicable taxes, duties, and shipping charges.
International packages may be subject to additional duties and taxes as determined by local customs authorities. You are responsible for all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information before placing an order.
We accept approved credit cards and other payment methods listed at checkout. By providing payment information, you represent and warrant that:
- The payment information you provide is accurate, complete, and current;
- You are authorized to use the payment method provided;
- Your purchase will not violate any law or regulation in your jurisdiction; and
- All payments must be made in full before we ship your order. If we do not receive payment authorization, or if any payment is reversed, we reserve the right to cancel your order.
All payments must be made in full before we ship your order. If we do not receive payment authorization, or if any payment is reversed, we reserve the right to cancel your order.
If your payment is declined or cannot be processed, your order will not be accepted, and we may contact you to resolve the issue. Any failed payments may result in a delay or cancellation of your order.
REFUND AND RETURN POLICY
If you are not satisfied with your purchase, you may return the Product within 30 days of receipt, provided the Product is unused, in its original condition, and accompanied by the original packaging and proof of purchase. You are responsible for return shipping costs.
To initiate a return, please contact our customer service team at info@larchwoodcanada.mom. We will provide you with instructions on how to return the Product.
Once we receive and inspect your returned Product, we will notify you of the approval or rejection of your refund. Approved refunds are applied to the original method of payment. Please note that shipping costs are non-refundable and refunds may be subject to a restocking fee of up to [15%] of the purchase price.
If you wish to exchange an item, please contact us to discuss your options. Exchanges are subject to Product availability.
SHIPMENTS, TITLE, AND RISK OF LOSS
Shipping and handling charges will apply unless otherwise noted. Title and risk of loss for all Productspass to you upon our transfer of the Products to the carrier. We are not responsible for delays caused by the carrier or any other third party once the order is shipped. Delivery times are estimates and cannot be guaranteed.
DELIVERY OF PRODUCTS
Larch Wood will attempt in good faith to deliver your Products in accordance with your order, but we will not be responsible or liable for any delays or failure in such delivery. Larch Wood expressly reserves the right to deliver any order in any number of separate shipments. The modes of transport and carriers will be decided at Larch Wood’s discretion. Your order will be delivered to the delivery address specified when placing your order. If your delivery address is geographically remote or difficult to deliver to, we may not be able to deliver there and will notify you as soon as possible.
Larch Wood will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond our reasonable control, including but not limited to acts of God, weather disruptions, government actions, customs delays, or labor strikes. In such cases, Larch Wood reserves the right, at its option and without penalty or any liability for breach, to terminate all or any part of an order or to reschedule delivery within a reasonable time.
PRODUCT DESCRIPTIONS AND AVAILABILITY
We strive to ensure that Product descriptions and images are accurate and up to date. However, we do not guarantee that Product descriptions, images, pricing, Materials or other content available through our Services are error-free, complete, or current. All descriptions of Products or pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to limit the sale of our Products or Services to any person, geographic region, or jurisdiction and may exercise this right on a case-by-case basis. We also reserve the right to discontinue any Product at any time.
GUARANTEE
Our Products are covered by a 10-year limited warranty, as detailed in our Guarantee. The Guarantee provides information on what is covered, as well as exclusions and conditions of the warranty. By purchasing from us, you agree that the terms of the Guarantee, as amended from time to time, are part of these Terms. To review the details of the Guarantee, including your responsibilities as a customer, please visit our Guarantee page or refer to the warranty card included with your Product.
THIRD-PARTY LINKS AND SERVICES
Our Services may include links to third-party websites, plug-ins, or services (collectively, « Third-Party Services ») that are not owned or controlled by us. These Third-Party Services are provided solely for your convenience and may include advertisements, Product reviews, or other services unrelated to our core offerings. When you access a Third-Party Service through our Services, you do so at your own risk.
We do not endorse or assume responsibility for the content, privacy policies, or practices of any Third-Party Services. We make no warranties or representations regarding the accuracy, completeness, or timeliness of the information contained on third-party websites. You are encouraged to read the terms and conditions and privacy policies of any third-party websites you interact with.
Furthermore, any dealings you have with third parties, including merchants or advertisers, found on or through our Services are solely between you and that third party. Larch Wood will not be liable for any loss or damage of any kind incurred as a result of your dealings with third parties or your use of Third-Party Services.
INTERNATIONAL USE
Larch Wood is based in Canada. We make no representation that the Service is appropriate or available for use in all jurisdictions. Access to the Products and Services from countries or territories or by individuals where such access is illegal is prohibited. You will be alerted at checkout if an item in your cart is restricted from shipping to your country. If you put a restricted item in your cart, you will not be able to check out until that item is removed from your cart or you change your shipping address.
INTELLECTUAL PROPERTY RIGHTS
Ownership of Intellectual Property
Our website and Services, including all content, design, layout, graphics, trademarks, logos, icons, images, software, and any other materials (collectively, « Materials »), are owned, controlled, or licensed by Larch Wood or its affiliates. The Materials are protected by intellectual property laws, including copyright, trademark, and other proprietary rights in Canada and internationally.
You acknowledge that you do not acquire any ownership rights by using the Services or any of the Materials, and you agree not to copy, modify, distribute, display, transmit, or create derivative works from any content available through our Services without the prior written consent of Larch Wood or the relevant third party who owns the rights.
Limited License
Subject to your compliance with these Terms, Larch Wood grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the Materials solely for your personal, non-commercial use. This license does not permit:
- The resale or commercial use of the Services or any Materials;
- The reproduction, distribution, public display, or public performance of any Materials made available through the Services;
- Modifications or derivative uses of any Materials;
- The use of any data mining, robots, or similar data gathering or extraction methods; or
- Any unauthorized use automatically terminates the limited license granted by Larch Wood without prior notice.
Trademarks
All trademarks, logos, and service marks displayed on our website or through our Services are the registered and unregistered trademarks of Larch Wood, its affiliates, or third parties. You are not granted any right or license to use any trademarks displayed on our website or through our Services without the express written permission of Larch Wood or the relevant third party owner. Any unauthorized use of the trademarks is strictly prohibited and may result in legal action.
USER-GENERATED CONTENT
User Comments and Submissions
By submitting any content, such as reviews, photos, or feedback, to our website or social media channels(collectively, « User Content »), you grant us a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, reproduce, modify, display, distribute, and create derivative works of such content in any media formats and through any media channels now known or hereafter developed in accordance with our Privacy Policy. You agree that you will not submit any User Content that infringes upon the intellectual property rights of others, is defamatory, or violates any law. We reserve the right, but not the obligation, to remove or modify any User Content for any reason in its sole discretion.
Prohibited Use of Materials
Except and solely to the extent that such a restriction is impermissible under applicable law, you may not:
- Reproduce, distribute, or publicly display the Materials;
- Modify or create derivative works based on the Materials; or
- Interfere with or circumvent any security features of the Services or Materials.
Feedback
If you choose to provide any feedback or suggestions regarding improvements or modifications to the website or any of Larch Wood’s Products or Services (« Feedback »), you hereby grant Larch Wood an unrestricted, world-wide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including improving the Services or creating new Products or Services.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ANY PROVISIONS CONTAINED IN THIS SECTION THAT ARE INCONSISTENT S. 10 OF THE QUEBEC CONSUMER PROTECTION ACT ARE INAPPLICABLE TO CONSUMERS IN QUEBEC. ANY WAIVER OF IMPLIED OR STATUTORY CONDITIONS OR WARRANTIES IS INAPPLICABLE TO CONSUMERS IN ONTARIO.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE, PRODUCTS, AND ALL MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LARCHWOOD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LARCHWOOD DOES NOT WARRANT THAT THE SERVICE, PRODUCTS, OR ANY MATERIAL WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, NOR DOES IT WARRANT THAT ANY DEFECTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SERVICE OR FROM LARCH WOOD OR ANY OF ITS AFFILIATES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE, PRODUCTS, AND ALL MATERIALS AT YOUR OWN DISCRETION AND RISK, AND LARCH WOOD IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
UNLESS PROHIBITED BY APPLICABLE LAW IN NO EVENT SHALL LARCH WOOD OR ITS AFFILIATES, SUPPLIERS, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF, OR IN ANY WAY RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, PRODUCTS, OR MATERIALS AVAILABLE THROUGH THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NON-DELIVERY OF NOTIFICATIONS, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR DATA, WHETHER SUCH DAMAGES OR INJURIES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF LARCH WOOD OR ITS AFFILIATES, SUPPLIERS, AGENTS, OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF LARCH WOOD OR ITS AFFILIATES, SUPPLIERS, AGENTS, OR CONTRACTORS FOR ALL CLAIMS RELATED TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE PRODUCTS, SERVICES OR MATERIALS EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LARCH WOOD FOR THE PRODUCT(S); OR (B) CAD $100.
TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LARCH WOOD’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
To the fullest extent permitted by law, you are responsible for your use of the Services, Products and Materials. You agree to defend, indemnify, and hold harmless Larch Wood, its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any third-party claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or related to: (a) your unauthorized use or misuse of the Services, or Products; (b) your breach or violation of these Terms, any representation, warranty, or agreement referenced herein, or any applicable law or regulation; (c) your violation of any third-party rights, including intellectual property rights, privacy rights, or any other legal rights; or (d) any dispute between you and a third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims without limiting your indemnification obligations.
PRIVACY
At Larch Wood, we take your privacy seriously. We are committed to safeguarding any personal information you provide when using our Services. Your data is collected and processed responsibly, and we ensure that all information is handled securely and in compliance with applicable privacy laws. For details on how we collect, use, and protect your information, please review our Privacy Policy.
TERMINATION
Any provisions contained in this Section that are inconsistent with s. 11 of the Quebec Consumer Protection Act are inapplicable to consumers in Quebec. Unless prohibited by applicable law, and to the extent permitted under applicable law, Larch Wood may terminate or suspend your access to the Services, including your Account, in whole or in part, at any time, with or without cause, and without notice. Upon termination, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
SEVERABILITY
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
WAIVER
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
GOVERNING LAW
This governing law provision does not apply to consumers in Quebec. If you are a resident of Quebec, these Terms will be governed by the substantive laws of the province of Quebec or federal laws of Canada applicable therein, without regard to its or any other jurisdiction’s conflict of laws principles that would apply another law. Unless prohibited by applicable law, and to the extent permitted under applicable law, these Terms are governed by, construed, and interpreted in accordance with the laws of the Province of Nova Scotia and the applicable laws of Canada. They shall be treated in all respects as a Nova Scotia contract, without regard to conflict of law principles that would apply the laws of another jurisdiction. Any dispute arising under these Terms shall be submitted to the non-exclusive jurisdiction of the courts in the judicial district of Halifax, Province of Nova Scotia.
ENTIRE AGREEMENT
These Terms, our Guarantee and our Privacy Policy constitute the entire agreement between you and Larch Wood Enterprises Inc. and supersede all prior agreements or understandings regarding the use of our Services.
CONTACT INFORMATION
For inquiries, please contact us at info@larchwoodcanada.mom