Terms of service

OVERVIEW

Welcome to Variegated Greens. The terms "we", "us" and "our" refer to Variegated Greens.

Our Privacy Policy, Refund Policy, Shipping Policy and Contact information are available to visitors through the Terms and Policies area of the storefront without requiring an account or purchase.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, territory, state or jurisdiction of residence, or that you have given consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions and representations of products offered through our online store. Colours and product appearance may differ from how they appear on your screen due to your device, display settings, lighting and other factors.

Many products offered by Variegated Greens are living plants. Living plants naturally continue to grow, develop and change over time. Where a listing represents an individual plant, the listing photographs are intended to show that plant at or around the time the photographs were taken. Natural growth or cosmetic changes may occur between photography, purchase and delivery.

Plant characteristics, including future growth, colouration, variegation and expression, may develop or change over time and are not guaranteed to remain identical to their appearance at the time of photography.

We do not warrant that the appearance or quality of a product will meet a customer's subjective expectations beyond the description and information reasonably provided in the applicable product listing.

Product descriptions may be updated when appropriate. We reserve the right to discontinue a product at any time and may limit quantities or availability by person, geographic region or jurisdiction where reasonably necessary.

Product availability is shown on the storefront. Only products shown as available for purchase may be ordered. Products that are sold, sold out or otherwise unavailable may remain visible for reference but are not offered for purchase while unavailable.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Variegated Greens reserves the right to accept or decline an order where reasonably necessary, including in cases involving product availability, payment issues, suspected fraud, pricing or listing errors, or circumstances that prevent us from fulfilling the order.

An order is not accepted until Variegated Greens confirms acceptance and any required payment has been received and processed.

Please review your order carefully before submitting it. Because our products include living plants and orders may enter preparation or packing promptly, cancellation requests may not always be accommodated after an order has been accepted.

If we decline, change or cancel an order, we will make reasonable efforts to notify you using the contact information supplied with the order.

Purchases are subject to our Refund Policy, which is available through the Terms and Policies section of our storefront.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change without notice before purchase. The applicable price for a product or service is the price displayed at the time the order is placed, subject to correction of genuine pricing or listing errors.

Unless otherwise indicated, prices are stated in Canadian dollars (CAD).

Because living plants continue to grow and develop, the listed price of an unsold plant may increase or decrease over time to reflect its current size, condition, development and observed expression.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

Before a customer is required to pay an additional shipping or other purchase-related charge, that charge will be disclosed. Where shipping requires a separate quote, the applicable shipping charge will be communicated before that shipping charge is collected.

Prices displayed through our online store may differ from prices offered through other sales channels. Promotions may be subject to separate terms and conditions. If promotion-specific terms conflict with these Terms, the promotion-specific terms will govern for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store and to update information when necessary so that transactions can be completed and we can contact you regarding an order.

You represent and warrant that payment information you provide is accurate and that you are authorized to use the selected payment method. You agree to pay the applicable product price together with shipping, handling and applicable taxes or other charges disclosed as part of the transaction.

SECTION 5 - SHIPPING AND DELIVERY

Variegated Greens currently ships within Canada only.

Delivery and transit times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather, service interruptions or other events outside our reasonable control.

Living plants may respond to transit and environmental changes. Customers should review our Shipping Policy and other applicable plant and shipping information before completing a purchase.

Shipping availability, charges and any applicable shipping conditions are disclosed before the customer is required to pay those charges. We do not intentionally add undisclosed mandatory charges after purchase.

Once an order has been transferred to the shipping carrier, title and risk of loss pass to the customer, subject to any rights or remedies that cannot lawfully be excluded under applicable law.

Additional shipping terms, including information concerning packing, seasonal conditions, transit and delivery, are provided in our Shipping Policy and applicable storefront disclosures.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Variegated Greens, its affiliates or licensors, as applicable, and may be protected by Canadian and other applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes. Unless otherwise permitted by law or expressly authorized by us, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without prior permission.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other right under any trademark, copyright or other intellectual property belonging to Variegated Greens, Shopify or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted are reserved.

The Variegated Greens name, logos, product or service names, designs and slogans may be trademarks or other protected identifiers of Variegated Greens. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services over which we may have limited or no control.

You acknowledge and agree that access to such tools may be provided "as is" and "as available" without warranties, representations or conditions of any kind from Variegated Greens, except where such exclusions are prohibited by applicable law.

Your use of optional third-party tools is subject to the applicable third party's terms and policies. You should review those terms before using such tools.

We may offer new features, tools or resources through the Services in the future. Unless otherwise stated, such features form part of the Services and are subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, functionality or hyperlinks provided or operated by third parties. Variegated Greens is not responsible for the content, accuracy, availability or practices of third-party websites or services.

If you leave the Services to access a third-party website or service, your use of that third party's services is subject to its own terms and policies.

We are not responsible for harm or damages arising solely from your independent use of third-party websites, products or services, except to the extent liability cannot lawfully be excluded.

Questions, complaints or claims regarding third-party products or services should generally be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Variegated Greens is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with Variegated Greens.

By using the Services, you acknowledge that Shopify is not the seller of products purchased from Variegated Greens and is not responsible for Variegated Greens' fulfilment of those purchases, except to the extent Shopify separately provides services directly to you under its own applicable terms.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy, which is available through the Terms and Policies section of our storefront.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its services. Information submitted through the Services may be processed by Shopify and other service providers, including providers located outside your province, territory or country.

Please review our Privacy Policy for information about how personal information is collected, used, disclosed and otherwise handled in connection with Variegated Greens.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content relating to Variegated Greens or the Services ("Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, evaluating, improving and promoting the Services, subject to applicable law.

You represent that you have the rights necessary to submit the Feedback and that the Feedback does not unlawfully infringe the rights of another person.

You are responsible for the content and accuracy of Feedback you submit. You must not submit unlawful, abusive, defamatory, obscene, malicious or misleading material or content containing harmful code.

We may moderate or remove Feedback where we reasonably determine that it violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Information appearing through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to matters including product descriptions, pricing, promotions, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information when reasonably necessary. Where an error materially affects an order that has already been submitted, we will make reasonable efforts to contact the customer using the information supplied with the order.

Nothing in this section limits rights that cannot lawfully be excluded under applicable consumer-protection law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other legal rights; harass, threaten, defame or unlawfully harm another person; transmit false or deliberately misleading information; distribute spam, malicious code or unlawful material; impersonate another person or entity; interfere with the security or operation of the Services; collect personal information unlawfully; or engage in conduct intended to circumvent security or access controls.

We reserve the right to restrict, suspend or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies where software or a service acting autonomously or semi-autonomously on behalf of a person or entity ("Agent") accesses or interacts with the Services.

An Agent must not conceal or misrepresent its automated nature and must comply with applicable technical restrictions, security measures and instructions governing access to the Services.

We may use reasonable technical measures to limit or control automated access to the Services.

No Agent may circumvent CAPTCHAs, security controls, access restrictions or other measures intended to protect the Services or distinguish automated activity from human use.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially violated, subject to applicable law.

Amounts lawfully owing before termination remain payable.

Provisions that by their nature should survive termination, including provisions concerning intellectual property, liability, privacy and other accrued rights and obligations, will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. While we make reasonable efforts to provide accurate information, living plants naturally change and develop, and observations regarding plant characteristics or expression should not be interpreted as guarantees of future development.

Except as expressly stated by Variegated Greens and subject to rights that cannot lawfully be excluded, the Services and products offered through the Services are provided on an "as is" and "as available" basis.

To the fullest extent permitted by applicable law, we do not make warranties or conditions beyond those expressly stated in these Terms, applicable product listings or policies.

Nothing in these Terms excludes or limits any warranty, condition, right or remedy that cannot legally be excluded or limited under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Variegated Greens and its owners, employees, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential losses arising from use of the Services or products purchased through the Services where such liability may lawfully be excluded.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Variegated Greens and its service providers from third-party claims, losses or liabilities arising directly from your unlawful use of the Services, your material breach of these Terms, or your infringement of another person's legal rights.

Nothing in this section imposes an obligation that cannot lawfully be imposed under applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or, where necessary, severed from these Terms.

The remaining provisions will continue in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted on the Services and incorporated by reference, constitute the agreement governing your use of the Services, subject to rights that cannot be excluded under applicable law.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent where such consent may lawfully be required.

We may assign or transfer our rights and obligations in connection with the operation, sale, restructuring or transfer of the business or Services, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and your use of the Services are governed by the applicable laws of the Province of Ontario and the federal laws of Canada applicable therein, without limiting any rights you may have under mandatory consumer-protection laws.

Subject to applicable law, disputes relating to these Terms or the Services will be determined by courts of competent jurisdiction in Ontario, Canada.

SECTION 23 - HEADINGS

Headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms of Service on this page.

We may update these Terms from time to time. Where required by applicable law, we will provide appropriate notice of material changes.

Changes will take effect on the date stated in the applicable notice or, where no separate notice is required, when the updated Terms are posted.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Variegated Greens

 Markham, Ontario, Canada

Email: mvasquez2002@yahoo.com

Customers may also use the Contact page available through the storefront.

Additional customer policies, including our Privacy Policy, Refund Policy and Shipping Policy, are available through the Terms and Policies section of the Variegated Greens storefront.