Conditions relating to online purchases

These Conditions of Online Sales (the “Conditions”) govern the purchase of products offered for sale on the website www.fergus.bio (the “Site”). The Conditions constitute an agreement between you (“you“) and Fergus Inc. (“Fergus“).

IMPORTANT NOTICE: All orders are assembled in the same warehouse. If you suffer from any serious allergy, Fergus invites you not to use its services.

Acceptance of Conditions

By submitting your order on the Site, you agree to comply with these Conditions and all applicable laws and regulations.

Description of Products

The Products offered on the Site (the “Products”) include products offered on a pick-and-pay (à la carte) basis as well as pre-defined baskets. Fergus may provide you with the ability to customize your pre-defined basket by choosing one or more Products of the basket through a selection.

Fergus makes every effort to produce the most accurate information possible on the Site. However, Fergus provides no guarantee that the description of Products, their photographs or any other information on the Site is accurate, complete, reliable, current and/or error-free.

Errors on the Site

Fergus reserves the right to revoke any offer appearing on the Site, to refuse or cancel any order and to correct any mistake, inaccuracy or omission on the Site, and to do so at any time without notice, even after an order has been submitted and even if the order has been confirmed and/or your credit card has been debited. If your credit card has been debited and your order is cancelled, Fergus will reimburse you the full amount debited, via the original payment method.

Order

Product Prices

Product prices displayed on the Site do not include any applicable fees or taxes and may be changed any time without notice. All prices posted on the Site are in Canadian Dollars. The price charged for each Product ordered will be the price in effect at the time of your order, as stipulated in your order confirmation.

Minimum Order

The minimum amount for an order is $30.00, before applicable fees and taxes. If your order is less than the required amount, it cannot be finalized by Fergus’ computer system and will not be delivered to you. If the minimum amount falls below the $30.00 threshold because a Product is removed from your order for any reason (such as an issue with receiving or backorder issue), Fergus will not be able to process your order and a notice will sent to you to this effect.

Validation of Information provided in your Order

The content of your cart when you disconnect from your account will be considered a firm order.

After you place an order on the Site, Fergus will validate the information you provided by verifying your method of payment, billing address and shipping address. Fergus will also verify the quantity and current inventory status of the Product you requested.

Fergus reserves the right to limit quantities of Products that you can purchase, particularly during a promotion or during a discount or bonus offer.

Order Changes

Fergus reserves the right to substitute a Product to meet your express request and/or to respond to certain circumstances, namely an unsatisfactory quality control of a Product included in a pre-defined basket on the day the basket is assembled, a problem with receiving stocks of such Product and a shortage of such Product. This substitution will be noted in your billing history allowing you to keep track of these changes.

You can make a change to your order, free of charge, at least 24 hours before the day of assigned delivery, i.e. until 6:00 a.m. one day before your delivery date, from your customer account or by contacting customer service by phone at (514) 360-1420 or by e-mail at info@fergus.bio. Once the deadline has passed, Fergus will be unable to make any changes to your order. If you attempt to make changes after this deadline from your online customer account and the Site accepts such changes, these changes may not be recorded.

Recurring Order

Orders are delivered once a week depending on your assigned delivery day, and you can make this a weekly recurring appointment. By opting for the recurrence function, you can select the pre-defined basket of your choice, and thus choose to have the same basket delivered to you every week or every 2 weeks. The recurrence function can also allow you to have the same selection of items from the Products offered on a pick-and-pay (à la carte) basis delivered to you, every week or every 2 weeks. In the event of a recurrence of a “Customer’s Choice” basket, you will need to change your product preferences each week, if you wish to do so. Products and prices may vary depending on arrivals.

Order Payment

You will be charged on the day before your assigned delivery day, including any applicable taxes and/or shipping/handling charges.

Acceptance/Confirmation of your Order

You will receive an e-mail confirmation of any order placed on the Site. Confirmation of an order sent to you by e-mail or otherwise does not imply that Fergus has accepted your order. Any time after you submit your order, Fergus reserves the right to accept or refuse that order for any reason whatsoever. If your order is refused, Fergus will reimburse you the amount debited via the original payment method.

Product Shortages

Fergus cannot under any circumstances guarantee the availability of all Products offered on the Site. Consequently, all orders submitted on the Site are subject to Product availability.

If a Product is out of stock, Fergus will communicate with you and advise you of the Product shortage. Fergus will cancel the order and reimburse you the debited amount via the original payment method.

Delivery

Delivery Fees

The delivery costs for a pre-defined basket order are free. A delivery charge of $2.00 will be applied to any pick-and-pay (à la carte) order that does not have a pre-defined basket included and delivered to a drop-off point designated by you. A delivery cost of $6.00 will be applied to any a pick-and-pay (à la carte) order that does not have a pre-defined basket included and delivered to a residential address or any other delivery address designated by you.

Delivery Period

Fergus delivers from Tuesday through Friday between 6:00 a.m. and 5:00 p.m. Your delivery day is assigned based on the delivery zone in which your delivery address is located and cannot, in any way, be changed by you. However, Fergus reserves the right to change your delivery date at any time, upon a days’ notice. Notice will be given through the Site. In addition, Fergus cannot provide specific delivery times as they may vary depending on road conditions, order load and weather conditions.

If you do not receive your order on the scheduled delivery day or if you receive products that do not meet your expectations (or are missing), please notify Fergus within 24 hours.

Delivery Area

Fergus delivers to the Greater Montreal area and surrounding areas, as indicated on the Site. Fergus reserves the right not to deliver to a given location.

Delivery Address

All deliveries will be made only to civic addresses validated by Canada Post when the order is placed. Fergus does not ship to post offices or P.O. boxes. In addition, Fergus does not deliver through alleys. Fergus reserves the right not to deliver to any given location.

It is not necessary for you to be home at the time of delivery. Simply advise Fergus of a safe place to drop your order in the given section of your customer account. Deliveries made to offices and multi-unit buildings may be left with the building manager or another person identified by you in advance.

If no indication to the contrary is entered in your customer account, the delivery driver will ring the bell or knock on your door to announce their arrival when your order is delivered.

Fergus offers the option of drop-off delivery. Fergus is no longer responsible for the order once it has been delivered to the drop-off point. If you do not pick up your order on the day of delivery, the owners or employees of the drop-off point will dispose of it. It is your responsibility to verify the location and opening hours of the drop-off point you’ve designated.

Any change of delivery address for a recurring order must be submitted to Fergus at least 7 days before the date of delivery to the new address.

Delivery Containers

Fergus is not responsible for any theft of orders. You become the owner and are responsible for your order upon delivery. You therefore assume the risk of loss unless such loss arises from acts of Fergus or its employees.

When you submit your order, it may be delivered to your delivery address by hand. Fergus also offers 2 container delivery options, which can be delivered according to your specifications.

The first container deposit option is in a cooler. To do this, you must indicate in your customer account where you will place your cooler so that Fergus’ delivery drivers can leave your order inside the cooler. If it is indicated in your customer account that a cooler will be left on-site in case of absence, but that no container is made available to Fergus, Fergus’ delivery driver will deliver your Products inside a FERGUS cooler bag. You will be charged the amount of $4.50 for this cooler bag. This practice is implemented in order to preserve your products in your absence. If you do not leave a cooler and this causes products to freeze or wilt, Fergus will not be held responsible and will not give any credit on the damaged Products.

You can also select the returnable bin order deposit program, subject to payment of a $20.00 deposit. Upon delivery, your Products will be remitted to you in a FERGUS returnable bin, if available. On your next delivery, the bin will be taken back and exchanged for another one. It is your responsibility to leave the returnable bin in front of your door on your next delivery so that Fergus’ delivery driver can collect it and proceed with the exchange. It is also your responsibility to keep the bin in good condition. If this bin is deemed dirty and/or damaged, it will not be taken back and you will lose your deposit. The deposit fees are billed retroactively. If the bin has not been returned to Fergus after 40 days, Fergus will charge the amount of $20.00 to your account and thus you will lose your deposit.

Access Code

If you decide to send Fergus an access code to have your order delivered to a secure location (for example in the lobby of a commercial building or in a multiple unit building), Fergus can refuse it at its will. Provided that Fergus agrees, you agree to notify Fergus of any changes to the access code. If the Fergus delivery driver is unable to access the secure location because the access code provided or the access keypad does not work or because the delivery driver is denied access to that location (for example, by a security guard), you agree that your order may be delivered to the main entrance of the delivery address. Fergus cannot be held responsible for the loss or theft of your order due to the foregoing.

Inability to deliver Order

In the event that it is impossible for Fergus to make delivery of the order due to a wrong address or indication, it will be returned to Fergus’ warehouse. Any order that could not be delivered due to an error made by you will be considered unfit for sale, cannot be put back into circulation and will not be eligible for a refund.

Inspection of Delivered Products

At the time of delivery, you are responsible for inspecting the delivered Products and you are fully responsible for determining and ensuring the freshness of such Products. In order to maintain the quality of the Products, Fergus recommends that they be refrigerated immediately upon delivery. Following delivery, you are entirely responsible for the proper washing, handling, preparation, storage, cooking and use of the Products.

Cancellation and Refund Request

Fergus will reimburse you in whole or in part for any Products that you ordered on the Site and for which you subsequently made a cancellation request or refund, subject to the conditions and time limits stipulated in the present section, excluding Products marked “NON-REFUNDABLE” for which reimbursement is not available.

Request to cancel an Order before Delivery

You may cancel your order, for any reason whatsoever, free of charge, provided that you cancel your order through your customer account at least 24 hours before the assigned delivery day, i.e. until 6:00 a.m. one day before your delivery date. Fergus will then refund you, by the original payment method, the debited amount.

Fergus also allows you to cancel your order, for any reason, subject to a cancellation fee of $6.50, if you have a customer account and communicate your cancellation and refund request to Fergus by phone or email between 6:00 a.m. and 12:00 p.m. on the day preceding your assigned delivery day. In such circumstances, the cancellation fee of $6.50 will be debited from your credit card or prepaid card and the difference in the order amount will be credited to your customer account. You can use this credit on your next order.

Refund Request

If Fergus has made an error in your order, if you are not satisfied with the Products offered by Fergus, or if your order was never delivered, you can initiate a refund request within 24 hours of the date of the delivery of your order to determine if you are eligible for a refund, subject to Fergus’ discretion.

Cancellation and/or Refund Procedure

To request cancellation of a purchase order and/or to obtain a refund that was not requested from your customer account, contact Fergus’ customer service by calling (514) 360-1420 or send your request by e-mail to: info@fergus.bio. If you request a refund due to an error of Fergus or if you are dissatisfied with its Products, Fergus will ask that you send a photo of the claimed products by e-mail. Any product that has been consumed and/or thrown in the trash before the claim cannot be considered for a possible refund. Any refund offered will be issued as a credit to your customer account, unless otherwise specified in these Conditions. The credit can be used on a next order and has no cash value.

Fergus will not grant refunds in the case of theft of your order after it has been delivered to your designated address for delivery.

Governing Law and Jurisdiction

These Conditions and all related matters shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to the rules of private international law or conflict of law rules, which would result in the application of other laws. Any dispute between Fergus and you or anyone else relating to these Conditions or any related matter shall be settled in front of the courts in the judicial district of Montreal, in the Province of Quebec, Canada and you hereby irrevocably acknowledge the initial and exclusive jurisdiction of these courts with regard to any disputes.

Waiver

Any consent by Fergus to, or waiver of, a failure on your part to comply with the provisions hereof, whether such consent or waiver is expressed or implied, shall not constitute consent to, or a waiver of, any subsequent or different failure.

Severability

Should a provision of these Conditions be determined to be invalid, unlawful, null or unenforceable by a court of competent jurisdiction, this provision shall be interpreted so as to reflect the intention of the parties and the other provisions herein shall remain valid and in force.

No Benefit of Third Party and Assignment

The Conditions apply for the benefit of Fergus, members of the Fergus group, its suppliers and subcontractors, and their respective successors, assigns and related persons, and are binding, and apply for your benefit and to that of your heirs, executors, administrators, successors, assigns and personal representatives (and to those of the people you represent), and bind you. You and the persons you represent may not assign your rights and obligations under these Conditions without first obtaining the express written consent of Fergus, who may in its discretion deny such. Fergus may assign its rights and obligations under these Conditions without your consent or the consent of those you represent.

Updating of Conditions

Fergus may at any time and without notice, modify these Conditions by updating this page of the Site. Please consult this page regularly to review the Conditions in effect, which constitute the terms and conditions of purchase of the Products offered on the Site. The Conditions in force when you place an order on the Site apply to that order and are binding on you.

Questions/Comments

For any questions and/or comments, about your order (including a request to change, cancel and/or refund an order), contact Fergus by telephone at (514) 360-1420 or by e-mail at info@fergus.bio.