Terms and Conditions
Our Disclosures:
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
- We are a subscription service, and by placing an order with us, you are agreeing to order products from us on an ongoing basis.
- All of the products on the Site are subject to availability. Due to the season, market conditions outside our control, sometimes we will need to substitute certain products in your order.
- We may need to change the price from time to time. If we change the Price, we will provide you with 12 days' notice of the change. After 12 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms.
- Our liability under these terms is limited as set out in clause 8
Nothing in these terms limits your rights under the Canadian Consumer Law.
1 Introduction
(a) This website (Site) is operated by La Family Foods, BIN 1001227146 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.
2 Use of the Site
(a) You accept these Terms by placing an order via the Site.
(b) You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
(c) When using the Site, you must not do or attempt to do anything unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
3 Accounts, Subscriptions, and Orders
(a) We are a subscription service, and by creating an account, you may purchase products and nominate three subscription components:
(1) Core Subscription crate with fresh fruits and vegetables, where you can:
(A) Select the size of your subscription crate; and
(B) Add any other products from the “essential list” that include fruits or vegetables,
(2) Optional Add-Ons such as eggs, perishables, and other items. You can nominate a different Delivery Cycle (including a once-off purchase) for Add-Ons, and
(3) Delivery Cycle, where you can nominate your delivery schedule, including the specific day of the week, the time for delivery, and the cadence of delivery (e.g., weekly, bi-weekly, or monthly) for your Core Subscription crate and Add-Ons separately.
(b) Changes to your subscription: You may modify your subscription contents and delivery preferences through your account at any time before we process your payment for each Delivery Cycle.
(c) Cancellation of subscriptions: You may cancel your subscription at any time by notifying us via the ‘cancel my subscription’ feature in your account. Your cancellation will take effect from the end of the current Delivery Cycle as set out in your account.
(d) All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. We will always aim to substitute products with other similar products.
(e) You must ensure that any personal information you give to us when creating an account is accurate and up to date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(f) You are responsible for keeping your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
4 Price and payments
(a) You agree to pay subscription fees outlined on the Site (Price) in advance based on your Delivery Cycle. Your subscription will automatically renew at the end of each Delivery Cycle unless cancelled or skipped through your account.
(b) It is your responsibility to check the order details, including the selected products, delivery details, and pricing.
(c) We may need to change the Price from time to time. If we change the Price, we will provide you with at least 12 days’ notice of the change. After the notice period has lapsed, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms, and you will no longer be able to use the Site on and from the date of cancellation. Any orders already paid for before cancellation will be fulfilled as normal and are non-refundable.
(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(e) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(f) We may, from time to time, issue promotional discount codes when you sign up for an account on the Site. To redeem the promotional discount code, you must enter the code upon signing up.
5 Delivery, Title, and Risk
(a) Delivery Cycles and Location: Your available delivery schedules are determined by your location. You can modify your Delivery Cycle at any time through your account, including the ability to skip individual deliveries or cancel your subscription, provided such changes are made before payment is processed.
(b) We will aim to deliver within your chosen delivery window; however, sometimes, due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within your delivery window.
(c) We deliver the products using a range of delivery methods. In case we use a third party delivery service, our delivery partner will leave the products in a safe place unless you give us instructions otherwise.
(d) If you are not available for the delivery, please contact us via email (lafamilyfoods@gmail.com) or contact our support team via your account. We will use reasonable endeavours to assist.
(e) Each time your payment is validated, we will provide order confirmation via text message and email. You will receive delivery tracking notifications, including: a text message the day before delivery, on the morning of delivery, just before delivery occurs, and confirmation once delivery is completed (including proof of delivery).
(f) Title to the products will remain with us until you have paid the Price in full for the products. Until the title passes, you must not do anything that seeks to create an encumbrance, lien, charge, or other interest in or over the products.
(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
(h) Deliveries to condos & apartment buildings: We make every effort to deliver to your unit door. Please make your concierge aware that you're expecting a delivery and let us know if there are delivery policies for your building. If we can't reach you via your buzzer or concierge, and we cannot get into your building, our driver will leave your delivery at the building lobby/entrance if that is allowed.
(i) Deliveries to Houses: Orders will be delivered to the designated entrance (front, back, or side door, as specified). Crates are provided without lids; therefore, if no one is home at the time of delivery, customers are required to leave a cooler or select the biodegradable paper bag option when placing their order. Please note that we are not responsible for the condition or security of deliveries left unattended.
6 First Order Money Back Guarantee
(a) We provide a 100% satisfaction guarantee for your first order subscription crate only. We agree to provide a full refund of your first crate subscription if you are not 100% satisfied. You can contact us via email or through your account to request a refund for your first crate subscription delivery. This guarantee does not apply to Add-Ons.
(b) You may have rights under the Canadian Consumer Law (see below) in addition to this clause.
7 Intellectual Property
(a) All intellectual property rights (including copyright and trademarks) created by us or our team, whether connected to these Terms, the Site, or our products—(Our Intellectual Property) belong to us and will remain our property.
(b) You are allowed to use Our Intellectual Property for your own personal, non-commercial use, and only in the way it was intended.
(c) You may not use Our Intellectual Property for commercial purposes, such as promoting your own business, reselling, or any other money-making activity.
(d) Unless you have our written permission, you must not:
(1) copy any part of Our Intellectual Property;
(2) share, sell, publish, or distribute it to others; or
(3) alter, modify, or create new works from it, including embedding it into another website.
(e) You may share Our Intellectual Property on your personal social media or blog, provided that:
(1) you do not claim to own it;
(2) you do not suggest that we endorse or approve you, unless we have agreed in writing;
(3) you do not use it in a way that harms or misuses our reputation, including anything unlawful, misleading, or unfair; and
(4) you follow all other parts of these Terms.
10. Termination
(a) These Terms may be terminated immediately by either Party (the Non-Defaulting Party) with written notice if:
(1) the other Party (the Defaulting Party) breaches a material term of these Terms and does not remedy the breach within 10 business days after being notified; or
(2) the Defaulting Party is unable to pay its debts as they become due.
(b) If we suspect that you have breached these Terms, we may suspend your account while we review and investigate the matter.
(c) When your subscription ends or is terminated:
(1) your account access will be removed;
(2) if termination is due to your unremedied breach, you agree to pay any reasonable additional costs we incur as a result, including recovery fees;
(3) if termination is due to our breach, we will refund you on a pro-rata basis for any prepaid but unused portion of your subscription.
(d) Ending these Terms does not affect any rights or obligations that have already been established under them.
(e) This clause continues to apply even after these Terms expire or are terminated.
11. General
(a) Disputes: Before starting any court proceedings, both Parties agree to first meet in good faith to try and resolve the issue. If the matter cannot be resolved, the Parties will engage a mediator to assist, with the mediation costs shared equally. This does not prevent either Party from seeking urgent injunctive or equitable relief from a court if required.
(b) Notices: Any notices under these Terms must be in writing. Notices to us must be sent to the contact details provided below, and notices to you will be sent to the details provided in your order or account. Notices sent by post are deemed received after 48 hours, and notices sent by email are deemed received at the time of transmission.
(c) Force Majeure: Neither Party is liable for delays or failures to perform obligations under these Terms where such delays or failures are caused by events outside their reasonable control (Force Majeure Events). The affected Party must notify the other as soon as reasonably possible, explain the impact on its obligations, and take reasonable steps to minimize the duration and effects of the event.
(d) Feedback and Complaints: We value feedback and aim to continually improve our services. If you have feedback or a complaint, please contact us using the details below, and we will take reasonable steps to address your concerns.
(e) Assignment: You may not assign, transfer, or subcontract your rights or obligations under these Terms without our prior written consent.
For any questions and notices, please contact us at:
La Family Foods (BIN 1001227146)
Email: lafamilyfoods@gmail.com