Terms of service
Terms of Service
OVERVIEW
Welcome to Vert Elite! The terms “we,” “our,” and “us” refer to Vert Elite. Vert Elite operates this store and this website, including all information, content, features, tools, products, and related services, to provide you, as a customer, with a personalized shopping experience (collectively, the “Services”). Vert Elite is a store powered by Shopify, which allows us to provide the Services.
The Terms of Service below, together with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree with these Terms of Service or our Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependents under your care to use the Services on devices you own, purchase, or manage.
To use the Services, including to access or browse our online store or purchase products or services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We strive to provide an accurate representation of our products and services in our online store. However, please note that colors and product appearance may differ from how they appear on your screen due to the device you use, its settings, and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match descriptions in our store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any product offered to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Vert Elite reserves the right to accept or reject your order at its sole discretion. Your order is not accepted until Vert Elite confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Vert Elite may not be able to accommodate cancellation requests after acceptance. If we reject, modify, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of the order.
Purchases may only be returned or exchanged in accordance with our Refund Policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise indicated, displayed prices do not include taxes, shipping and handling fees, customs, or import duties.
Prices in our online store may differ from those offered in physical stores or third-party-operated stores. We may occasionally offer promotions that affect pricing, governed by terms separate from these Terms of Service. In the event of a conflict, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including email address and credit card details, to allow us to complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use the card for the purchase; (iii) charges incurred by you will be honored by your card issuer; and (iv) you will pay charges incurred at the posted prices, including applicable taxes, shipping, and handling fees.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we transfer the products to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are the property of Vert Elite, its affiliates, or its licensors, and are protected by copyright and other intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Vert Elite, Shopify, or third parties. Unauthorized use of the Services may violate intellectual property laws.
Vert Elite’s names, logos, product and service names, designs, and slogans are trademarks of Vert Elite or its affiliates/licensors. You may not use them without our prior written consent. Shopify’s names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor or control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. We disclaim all liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools provided through the site is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including new tools and resources). Such new features will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content from third-party websites. Please review third-party policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Vert Elite is powered by Shopify, which enables us to provide the Services. However, sales and purchases you make in our store are conducted directly with Vert Elite. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Vert Elite, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with Vert Elite.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available [here], and some personal information may also be subject to Shopify’s Privacy Policy, available [here]. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services to provide and improve them. Information you submit to the Services will be transmitted and shared with Shopify, as well as third parties that may be located outside your country of residence, in order to provide services to you. Please review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.
You represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms.
We have no obligation to (1) maintain the confidentiality of Feedback; (2) pay compensation for Feedback; or (3) respond to Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback we deem, in our sole discretion, unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or viruses or malware that could affect the Services’ operation. You may not use a false email address, impersonate any person, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, at any time and without notice (including after you submit your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, or local laws or regulations;
(c) to infringe upon our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
(e) to submit false or misleading information;
(f) to upload or use materials that violate these Terms;
(g) to transmit spam, chain letters, junk mail, or solicitations;
(h) to impersonate others; or
(i) to interfere with or restrict others’ use of the Services.
You further agree not to:
(a) upload or transmit viruses or malware;
(b) reproduce, duplicate, copy, sell, or exploit any part of the Services;
(c) collect or track others’ personal information;
(d) engage in spamming, phishing, pharming, pretexting, scraping, or similar activities;
(e) interfere with or bypass security features of the Services, related websites, or the internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you have violated these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions which by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information provided through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Reliance on such information is at your own risk.
EXCEPT AS EXPRESSLY PROVIDED BY VERT ELITE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
We do not guarantee that use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimer may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VERT ELITE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, REVENUE, SAVINGS, DATA, OR REPLACEMENT COSTS, ARISING OUT OF YOUR USE OF THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vert Elite, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, damages, liabilities, or expenses (including reasonable attorney’s fees) arising from your violation of these Terms or your use of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies posted by us on the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements or communications.
Any ambiguity in interpretation shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign or transfer these Terms or your rights or obligations without our prior written consent. Any attempt to do so will be void. We may assign or transfer these Terms without restriction.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the federal and provincial laws applicable in the jurisdiction where Vert Elite is based. You and Vert Elite agree to the venue and personal jurisdiction of such courts.
SECTION 22 – HEADINGS
Headings in these Terms are for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes as required by law, and such changes will take effect on the date specified in the notice.
Your continued use of or access to the Services after posting of changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@vertelite.ca
Vert Elitesupport@vertelite.ca
1317, rang Double, Saint-Liguori, Québec J0K 2X0
784265092
1223569168