TERMS AND CONDITIONS
SEED GUARANTEE
We guarantee that our seeds follow the regulations of the Provincial and Federal laws in effect. All our seeds are tested for purity and germination prior to sale. It is our policy to notify you if a problem exists or develops with any lot of seed. The seed that we sell is meant to be grown in soil or professional growing media using good farming practices. We are not a source for seed meant for human or animal consumption. Farming is risky business; we therefore highly advise to conduct small scale on-farm trials before venturing into commercial scale production. Your acceptance of our guarantee acknowledges that growing results depend on climatic and environmental conditions as well as cultivation practices; therefore, we will not be held responsible for the loss of the product, loss of revenue or any other peculiar or indirect damage. We will not be responsible for the results of the crop and its yield. If a human mistake is made during packaging, we limit our liability to the purchase price of the seed. As a condition of admitted responsibility, we must receive, by registered mail, the claim that the seed is faulty, 30 days after the discovery of this defectiveness. By accepting the seed, the buyer acknowledges that the limited guarantee described above is an agreement of sale between Hortinova and the buyer. If this limited guarantee is not acceptable for the buyer as a condition of sale, the buyer must not proceed with the sowing and must return the seed, in its original, unopened packaging for the purchase price to be reimbursed to the buyer.
PRICES
Due to the fluctuation of the Canadian dollar, we reserve the right to adjust the prices listed on our website and catalogues without notice. Although every precaution is taken, errors in prices and/or specifications may occur on our website and printed catalogues, so we reserve the right to rectify imprinting, typing or other errors.
GENETICALLY MODIFIED ORGANISMS
All our varieties have been strictly developed through traditional plant breeding techniques.
SPECIAL ORDERS
You may contact us at any time to inquire about the availability of specific varieties and to discuss your requirements. We’ll get back to you with varieties recommendations, availability, pricing, and logistics.
All special custom orders must be pre-paid and are not refundable.
AVAILABILITY
Please place your orders before January 15th of each year to allow us to place orders with our suppliers early in the season. Some products may experience delays to be received from our suppliers. When this occurs, we will clearly communicate it to you and inform you when the product becomes available and the earliest possible time we can ship your order.
CROP FAILURES AND SUBSTITUTIONS
Seeds are live products. When taking your order, it may be possible that our seed suppliers experience a crop failure or a shortage of seed. In this case we will inform you in advance to discuss your preference for a variety substitution or refund your money.
QUANTITY SUPPLY
We reserve the right to limit quantities ordered.
ORDER CONFIRMATION
For each order, a confirmation will be sent by email. If you do not receive this confirmation, or if you notice any error in the document, quickly notify us as soon as possible so that the situation may be rectified.
PAYMENT METHODS
We accept cash, Visa, Master Card, e-transfer, or payment by certified cheque. We reserve the right to delay shipment of order until the cheque clears the bank. Bank transfers are also acceptable but please warn us of the transfer so we can be sure to apply it to the correct account. Do not send cash by mail because we cannot accept responsibility for its loss.
CREDIT ON INVOICES
When there is a credit remaining on your invoice due to overpayment, it is kept on your customer file and is automatically applied against your next order upon invoicing. If you prefer a refund, please contact us.
CREDIT CARD INFORMATION
We will only reveal your credit card information to those third parties that are required to complete your agreed upon financial transactions. Should you wish us to remove your credit card information from this website, you may choose to do so.
PAYMENT & CREDIT TERMS
All special (custom) orders and any order below $1,000 must be pre-paid before shipping. For orders above $1,000 you can benefit of an open account. Subject to credit approval, special credit terms can be offered to commercial growers. We cannot extend new credit by phone. Please contact us by email to request a credit application and supply us with two complete credit references. When completing the application please be sure to sign the application and include the maximum credit amount you feel may need. Some good references include other seed companies, fertilizer suppliers and packaging suppliers. When you have completed the form, please email it back to us. We typically need five business days to obtain the necessary information from your references.
INTEREST ON PAST DUE ACCOUNTS
Interest will be charged on all overdue accounts at the rate of 2% per month, an annual rate of 24%.
DISCOUNT POLICY
No discounts for orders below $1,000.
Pre-payment discount: For orders between $1,000 and $4,999 a 2% discount is applicable when customers choose to pre-pay before shipping. For large orders above $5,000 a 3% discount is applicable when customers choose to pre-pay before shipping. The discount applies to the seed portion of the invoice only and is subtracted from sub-total before taxes.
SHIPPING
A 10$ handling charge is applicable for all orders below 500$. Shipping is free of charge for orders over 500$ from Quebec, Ontario, and the Atlantic Provinces. For all other western provinces, shipping is at your expense (FOB Montreal). We reserve the right to choose the appropriate transportation for your orders. Upon request, we can ship your order by the carrier of your choice, at your expense. Our 10$ handling charge still applies to orders despite using the courier of your choice.
RETURN POLICY
All returns must be pre-approved by Hortinova. Please contact us before returning any product. Unauthorized returns of seed will be shipped back to customer, collect. Any item that is regularly stocked and is unused, in resalable condition in its original packaging, unmarked and unopened, may be returned within 10 days for a refund or credit, accompanied by the purchase order or invoice. Seed returns may be subject to germination test. No reimbursement or credit will be given after 10 days of the purchase unless exceptional circumstances. 15% restocking fees of the value of the goods is applicable to all returned products. Transportation costs for the return will be at the customer’s expense and will not be credited or refunded. Special orders primed or pelleted seeds, due to the short shelf span, cannot be returned.
APPLICABLE TAXES
Taxes are applicable on all products on our website or catalogues based on the following rates: Alberta GST 5% ; British Columbia GST 5% ; Manitoba GST 5% ; New Brunswick HST 15% ; Newfoundland and Labrador HST 15% ; Northwest Territories GST 5% ; Nova Scotia HST 15% ; Nunavut GST 5% ; Ontario HST 13% ; Prince Edward Island HST 15% ; Quebec GST 5% + QST 9,975% ; Saskatchewan GST 5% ; Yukon GST 5%.
Taxes are payable on all items including shipping, handling, and surcharge except zero rated items: Revenue Canada does not require GST/HST on large quantities of vegetable seeds. The following is the definition of the items deemed Zero Rated (i.e. no GST).
– Peas, beans and corn only in sizes over 5kg and/or count sizes greater than 20,000 seeds.
– Small seeds (vegetable seeds other than peas, beans and corn) in sizes over 125g and/or count sizes greater than 2500 seeds.
PRODUCT ILLUSTRATIONS
Images shown on our website or catalogues are for illustration purposes only. Actual results may vary due to variations in growing conditions.
SEEDS SAMPLES
By requesting, ordering, receiving, accepting, or otherwise obtaining a sample of seeds “sample” and/or subsequently using a sample, you acknowledge and agree to the following terms:
– Hortinova is not directly affiliated with the producer(s), brand(s), or company(s) of the samples, and in no way claims to own or control their trademarks, logos, marketing materials, instructions, or products.
– Hortinova makes every effort to provide samples of high quality but does not guarantee the germination rate of the seeds samples and it is at your discretion to determine whether to accept and/or plant the seeds for trials purposes.
– You confirm that the acceptance of the sample does not suggest any official affiliation with Hortinova whatsoever.
– When you submit any comments or feedback regarding the performance of the sample, you hereby agree that they are non-confidential and shall become the property of Hortinova. Hortinova shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without notice, attribution, or compensation to you.
– To the maximum extent permitted by law, Hortinova expressly disclaims any warranty for the sample. The sample is provided “as is” without warranty of any kind. You assume the entire risk arising of the use or performance of the sample.
– You agree to fully defend and indemnify Hortinova from any claims, liabilities, and costs (including reasonable attorney’s fees) related to your use of the sample and/or your violation of these terms.
– You may not resell, distribute, or offer to third-parties any of the samples, including without limitation, through distributors, brokers, exporters, or otherwise. You agree that you will not directly or indirectly, export or transmit any sample to any country in violation of export restrictions.
– In no event will Hortinova and its officers, directors, employees, suppliers, and third-party providers be held liable, for any damages, loss of use, loss of time, inconvenience or commercial loss. The parties herein agree that testing the samples represents a reasonable allocation of risk given that the samples are provided at no charge.