Terms & Conditions
Last Updated: February 2018
Welcome to La-Viva.ca website Terms and Conditions ("Terms").
La-Viva.ca ("La Viva Organics", "we", "us" or "our") provides the services available on this website ("Website").
Please read these Terms carefully as by using any part of this Website, including completing any customer registration with us and/or placing any order on the Website, you will be deemed to have understood and agreed to be bound by these Terms.
If you do not agree with these Terms, then you must cease use of this Website immediately. These Terms are a contract between us and you may wish to print a copy for future reference. For the avoidance of doubt, please note that each time you access this Website (for whatever reason), you will be deemed to have accepted these Terms.
We may revise these Terms at any time by updating this posting. You should therefore check this Website from time to time to review the then current Terms to ensure that you are at all times fully aware of our current Terms. Any changes are effective immediately upon posting to the Website.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
La Viva Organics is the trading name of BlueSkyOrganics Inc., a company registered in Ontario, Canada.
"Website" refers to any of the websites owned and operated by BlueSkyOrganics Inc. including but not restricted to www.La-Viva.ca or any subsequent URL which may replace it.
"Goods" means the articles supplied and displayed for sale on the Website.
"Buyer", "user", "you" refers to you as a customer who is placing an order with La Viva Organics or you as a user of this Website.
1. Use Of Website & Registration
1.1 To be eligible to purchase Goods on this Website you hereby represent and warrant that you will:
- register to use the Website and;
- be the holder of a valid debit/credit card and;
- be 18 years of age or older.
1.2 Further, you hereby represent and warrant that the personal information, which you are required to provide when you register as a customer is true, accurate and current in all respects. It is your responsibility to inform us of any changes to that information (including your e-mail address) by contacting us at firstname.lastname@example.org.
1.3 We do not permit the following:
- any other person sharing your user name and password; or
- access through a single name and password being made available to multiple users on a network; or
- impersonation of any other person or entity or to use a false name or a name that you are not authorized to use.
1.4 You are responsible for all use of the Website made by you and for preventing unauthorized use of your user name and password. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your user name and password, please notify us immediately.
1.5 If following registration with the Website you decide that you no longer wish to remain registered with the Website you may cancel your registration by sending notice of cancellation to email@example.com.
1.6 Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your subscription, use or access to this Website and refuse to provide our services to you without notice to you: (a) if you breach any of these Terms or warranties or any documents incorporated by reference or; (b) if we are unable to verify or authenticate any information that you provide to us during the course of any applicable registration or; (c) if we believe that your actions may cause legal liability for you, our users (registered or otherwise) or us.
1.7 This Web site might include discussion forums or other interactive areas and the user may interact with these areas only for non-commercial purposes. You are solely liable for any material you upload or transmit. You agree not to use the Website to do any of the following:
- upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material that La-Viva.ca deems to be unlawful, libelous, pornographic, harassing, racially, ethnically or otherwise objectionable.
- upload or transmit any material that would constitute or encourage a criminal offence or violate the rights of any party.
- upload, e-mail, transmit, or otherwise make available any material that might infringe any patent, trademark, trade secret, copyright, or intellectual property of any party.
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or programs designed to negatively affect the functionality of any system, computer software, hardware or telecom equipment.
2.1 We are committed to protecting your privacy. We use industry standard security to safeguard the confidentiality and storage of your personally identifiable information in accordance with current Data Protection legislation and guidelines, however, please be aware that "perfect security" does not exist on the internet. Further, it remains each user’s responsibility to safeguard against unauthorized access to their user details, to ensure that only the user logs on to the Website and to ensure that the user logs off from the Website when not using it and to keep his/her log-in details safe.
2.2 You can access our Website homepage and browse this Website without disclosing your personal data.
2.3 When you shop on this Website, we will ask you to input and will collect personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
2.4 Your personal information will be exclusively used for individual customer care. We confirm that any personal information which you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the law. We use your information only for the following purposes:
- processing your orders accurately and efficiently (e.g. providing your credit card details to a third party secure server for payment authorisation);
- to hear your opinion about our products and services;
- if you consent, to advise you of new Website content and provide advertisements to you;
- to administer this Website;
- where applicable, we may, by law, be forced to disclose certain information to government or law enforcement agencies. Therefore, although we take every effort to protect your privacy, you should not expect that your personally identifiable information or private communications will always remain private.
- if you consent, to notify you of new products or special offers that we think you will find of interest.
2.5 You will only receive promotional information from us if you opt in by ticking the appropriate box as you go through the registration process. You can unsubscribe from our contact list at any time by e-mailing us at firstname.lastname@example.org. We will then make sure your personal information is deleted from our mailing list and databases in accordance with our administrative policies (e.g. for example, we may be required to retain your address details in relation to any credit card purchase for a period of not less than 6 months).
2.6 If you would like to check the details we hold about you please do not hesitate to contact us. We will be happy to review and update, amend or delete your records as necessary.
2.7 We can provide you with a readable copy of the personal information which we keep about you within 30 working days, although we will require proof of your identity and any such request for personal information must be received by us in writing. We are entitled to levy a reasonable charge (such charge not to exceed $20) in order to provide this information to you.
2.8 If we wish to use your personal data for new purposes, we will offer you the means to consent to these new purposes by either indicating your consent at the point on the website where the data is collected or by communicating with us by email.
2.9 We never pass, disclose or sell our customers’ personal details to any marketing lists.
2.10 We may be monitoring customer traffic patterns and Website usage so that we can learn about how people are using the Website and how we can improve our service. This can include the use of a "cookie". Cookies are small text files that are sent to your browser and stored on your computer's hard disc. If you wish, you can modify your browser to prevent this happening. Please note however that by disabling cookies, this may impair your experience of our Website.
2.11 We do not knowingly collect personal data from children. We do not sell products for purchase by children. Any children’s products sold are intended for purchase by adults. By accepting these Terms, you confirm that you are over 18.
2.13 If all (or substantially all) of our assets which are used to operate our business are acquired by a third party, then your personal information may be transferred to that third party.
3.1 We have taken steps to ensure the security and privacy of our systems and our user’s data and personal information. Our Website uses a market leading secure payment system, Payfirma, which offers all of the security measures you would expect as dealing with a major bank. Cardholder information is always encrypted from click to ship so you can shop with peace of mind. With their eCommerce API, every transaction processed through our store is PCI-compliant. That means that we never store your payment data or card information on our Website. At checkout you are transferred via a secure server to the Payfirma payment gateway server, a 128-bit SSL encrypted secure page where you complete your order by providing your credit card details. Your browser encrypts the information that you type and the Payfirma server decodes it. Systems which encrypt potentially sensitive information by Secure Sockets Layer (SSL) technology provide the best possible protection on the internet. You can identify that you are on a secure site when the padlock appears at the bottom of the screen.
3.2 All card details are encrypted using 128-bit encryption; they are not held in clear text on any Website. When you choose to pay online, your card details will not
be available to La-Viva.ca staff. Your card details are input into the Payfirma payment gateway secure site and we do not have access to them at any time. Your card and address details are security checked and verified with the relevant card issuer and your payment is pre-authorised. You will receive a message in your internet browser window to tell you that payment has been authorized, and we will receive confirmation from the payment provider.
3.3 We are not liable for any unauthorized, erroneous or denied payments.
3.4 If you have any security concerns or questions please contact us at email@example.com or call 1 (647) 834 5573.
4. Placing An Order With Us
4.1 You place your order by clicking on the 'Confirm Order' button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
4.2 Once you have placed your order, we will send to you an acknowledgment email detailing the Goods that you have ordered, a payment reference and the value of your order which will be debited from your credit card or your PayPal account.
4.3 Unless we have notified you that we are not able to accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place at the time and date that we notify you by e-mail that we have despatched the Goods ordered by you. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
4.4 You will be sent a purchase invoice together with the Goods ordered. This invoice also acts as a purchase receipt.
4.5 Non-acceptance of an order may be a result of one of the following:
- the product you ordered being unavailable from stock or,
- our inability to obtain authorisation for your payment or,
- the identification of a pricing or product description error or,
- you not meeting the eligibility to order criteria set out in these Terms.
4.6 If we are unable to fulfill your order following our order acknowledgment (i.e. in relation to any non-acceptance of an order), we will contact you by email or telephone to advise you of this as soon as possible. You will be given a full refund of what you have paid in relation to any such non-fulfilled order.
5.1 The price of the Goods shall be the price quoted on the Website on the date of acceptance of the order by us. If we find a pricing error on our Website we will inform you as soon as possible and give you the opportunity, if you wish, of reconfirming your order at the correct price or canceling it. If you cancel and you have paid for the Goods, you will be given a full refund. For the avoidance of doubt, we are neither bound nor liable in any way to provide Goods to you on the basis of any pricing error (obvious or otherwise) found or posted on our Website.
5.2 All prices indicated for products available via the Website do not include HST. HST will be added to the summary of your order at the end of the order process on applicable products. HST will be deducted for orders made from outside of Canada for customers with the delivery address outside of Canada.
5.3 The price of the Goods does not include delivery. You will pay the delivery charges by the method specified in your order for transport and packaging as quoted on the Website on the date of acceptance of the order.
5.4 Price and availability information is subject to change without prior notice.
6.1 Payment of the price of an order must be received by us and cleared before despatch of your Goods.
6.2 We accept Visa, MasterCard, AmEx and all other major credit cards as well as Visa debit cards for online payment. All transactions are in Canadian dollars (CAD). If paying by credit or debit card, please advise us of the billing address your provider holds on file. You confirm that the credit or debit card that is being used is yours. We cannot be liable for any unauthorized transactions nor can we be held liable for any denied payments which are a result of the information provided by you.
6.3 We value our customers and only take payment when your order is available for dispatch. Our card provider will ringfence the full order amount when the order is placed.
6.4 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorize payment to us, we will contact the cardholder to advise. However, we shall not be responsible for any costs or inconvenience caused by a subsequent delay, denial or payment or subsequent non-delivery of any Goods on the basis of the above.
7.1 Every effort is made to ensure that your order is dispatched within 1 working day of order paid by credit/debit card, subject to events that are beyond our reasonable control.
7.2 If your ordered item is temporarily out of stock, we will endeavor to ship your complete order within 7 working days. If expected dispatch is longer than 7 working days, we will part ship your order from our warehouse, or contact you to advise of expected delivery times.
7.3 We use Canada Post or specialist mailing or express couriers, depending on the service level required or requested. Delivery in Canada by these methods usually takes between 1-5 working days and up to 14 working days for the rest of the world after despatch. In light of these delivery times, you accept that time is not of the essence although we will make every effort to ensure that your order is processed and your Goods delivered as quickly as possible. If you would like to track the processing and despatch of your order please email us at firstname.lastname@example.org.
7.4 Please note that we do not accept any liability whatsoever for any delay in delivery caused by third parties (including Canada Post or any mailing or courier service companies) that we may use to deliver your order.
7.5 Tax and customs charges of the destination country are the customer’s responsibility if goods are purchased for delivery outside the Canada.
8.1 The method and address for delivery shall be as specified in your order. Parcels may require a signature on delivery. If you will not be at your home address during normal office hours, you may wish to give us an alternative delivery address, such as a work address. Please ensure we have the full address including your full postal code (PO Box addresses are not acceptable for delivery) and a contact telephone number.
8.2 Upon receipt of the Goods you must inspect the Goods.
8.3 If any item arrives damaged or defective, please follow our Damaged Goods procedure (See paragraph 13 of the Terms & Conditions).
9. Mailing & Shipping
9.1 Our standard shipping courier is Canada Post. At the end of your on-line order process, you will be given an option to select the type of shipping service from the list of several services offered by Canada Post.
9.2 Shipping rates vary depending on the size and gross weight of your order. Rates are being calculated automatically using the integrated Canada Post shipping tool.
10. Customs Duties & Other Taxes
10.1 We cannot be held responsible for any import taxes or duties levied by authorities in the destination country. If you have any queries as regards duty on imports we suggest you contact your local customs office.
11. Risk And Ownership
11.1 Risk of damage or loss of the Goods shall pass to you on delivery or, if you fail to take delivery of the Goods, at the time when the Goods are delivered (or delivery is attempted) to you in accordance with your instructions.
11.2 Title in the Goods shall pass to you upon delivery of the Goods and on our receipt of full payment. Legal ownership of the Goods will immediately revert to us if we refund any such payment to you or if the Goods are returned in accordance with any cancellation, refund, return or exchange policy as posted on this Website.
12. Cancellation, Returns & Exchanges
12.1 At La-Viva.ca we aim to ensure that you are totally satisfied with your shopping experience. We accept returns of unopened products up to 28 days after the date of purchase. For safety and hygiene reasons we cannot accept opened or used products.
12.2 We will not accept any responsibility for loss or damage to Goods returned in this way until they are received at our address above. We strongly recommend that returns are sent by 'recorded registered delivery' and the original proof of posting is kept. Please note that we are not responsible for return postage other than for incorrectly supplied, defective or damaged Goods. Return postage for Goods returned for any other reason shall be solely at your cost.
12.3 If incorrect goods have been supplied, we will arrange collection for them at our own cost. If you are aware the goods are incorrect please refuse to accept delivery of the parcel. Otherwise, please notify us immediately and a collection will be arranged as soon as is mutually convenient. A refund or re-dispatch, as appropriate, can then be arranged.
12.4 Once we receive the Goods in their original condition, any payments made by you for your purchase will be refunded in full within 28 working days or, where applicable, replacement Goods will be despatched to you as soon as possible with no further costs for you.
13. Damaged Goods
13.1 You should inspect the Goods when you receive them for damage.
13.2 You should refuse to accept delivery of goods which are severely damaged and the courier will return the package to us.
13.3 If the damage is minor you should sign for the delivery clearly indicating that the goods are damaged.
13.4 Please contact us within 24 hours of delivery/attempted delivery to inform us of the problem. You can use the contact form here
14. Description Of Goods
14.1 We take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. However, although we aim to keep the Website as up to date as possible, we do not warrant that product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. We try to include as much information as we feel necessary for you to make an informed choice. The colors on your screen and any product descriptions should be used as a guide only.
14.2 In addition, due to the fact that the products are made of natural ingredients and components, slight variations may occur in actual Goods. All dimensions are approximate.
15. Intellectual Property
15.1 You acknowledge and agree that all intellectual property and other proprietary rights (including, but not limited to, copyright and trademarks) and all technical, business or similar information (including but not limited to, all designs, documents, photographs and other materials relating to the Goods) created by us (and or any applicable licensors) shall be, and shall remain our property (or the property of our licensors, as applicable). All design, text, graphics, layout, software and all other materials on this Website are protected by copyright, trademark, and other proprietary rights and belongs to us (or our licensors, where applicable) and all such rights remain reserved.
15.2 We give no permission in respect of the reproduction or use for any purpose of any brand names, product names, designs or other material shown on this Website in which intellectual property rights subsist. Unless otherwise stated, users may view, print and download the contents for their own personal, non-commercial use only; the contents must not be used for commercial or business purposes or incorporated in any work or in any publication in any form without prior written permission from us or any applicable licensor or copyright owner.
15.3 By submitting any content data whatsoever including but not limited to recipe, review, image, video, comments and concepts to La-Viva.ca you hereby grant to La-Viva.ca an irrevocable, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your submitted Items and all copyright, trademark or other intellectual property rights therein without compensation of any kind to you or any third party.
15.4 You hereby warrant that you have all necessary right and authority to grant the license set forth herein to your submitted item and that your submitted Item does not violate or infringe any copyright, trade secret, trademark or other intellectual property rights of any third party. Publication or use of any submitted items is at the sole discretion of La-Viva.ca.
16. Representations, Warranties & Limitation Of Liability
16.1 The Website is presented on an "as is" basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent that such representations and warranties are not excludable by law. The information displayed is of a general nature and is not intended to address your particular requirements or constituting any form of advice, recommendation or arrangement by us.
16.2 We make all reasonable efforts to ensure that the information on our Website is accurate and up-to-date. However, you should always independently check any information before you rely on it. We do not represent or warrant that the information accessible via this Website is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or information that is out of date.
16.3 In particular, you agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of this Website and its services.
16.4 The limitation of liability noted at clause 16.3 above shall also be extended to include any use in connection with your use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Website due to service interruptions.
16.5 You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and employees harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or third party due to or arising out of your breach of these Terms (including any documents incorporated by reference), your violation of any law or the rights of a third party or any breach of your representations and warranties as contained herein.
16.6 Although we accept that we are obliged to take every reasonable step to ensure the authenticity of your credit/debit card transactions, we are not held liable for any damage or loss due to any misuse by any other person of your credit or debit card details.
17. Third Party Links
17.1 We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Our Website may contain links to other internet sites operated by third parties. We may provide such links for your convenience only, and links from this Website to any other website do not imply that we approve of, endorse, or recommend that website. We assume no responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.
18. Enquiries, Comments, & Complaints
18.1 If you require any more information on our products or services, please e-mail us or call us at the contact details provided in the "Contact us' section.
18.2 We hope that you will be delighted by your shopping experience with us. However, if you are dissatisfied with a product or service provided by us, please contact us quoting your unique transaction number and provide us with the details and/or nature of a complaint. We will try to resolve your issue as quickly and easily as possible.
18.3 Any formal legal notices should be sent to us at the address provided by registered mail. Receipt of such notice shall be deemed to have taken place 3 working days after mailing. Any formal legal notices that we send to you shall be sent to you by registered mail at the last known address provided by you and receipt by you shall be deemed to have taken place 3 working days after mailing.
19. Further Conditions
19.1 You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Goods from us, and supersede and govern all prior proposals, agreements, or other communications. No variation of these Terms shall apply unless agreed in writing by us.
19.2 If any provision of these Terms is found to be unlawful, invalid or unenforceable in whole or in part by any court having competent jurisdiction, the invalid or unenforceable provision will be severed from these Terms, and the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby and shall remain in full force and effect to the fullest extent permitted by law.
19.3 Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
19.4 Due to our policy of updating and improving the Website, we may alter the content of this Website at any time. You shall not transfer, assign or sub-contract any obligations under these Terms without our prior consent in writing.
19.5 No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence in relation to these Terms as regards to any of the times, dates and/or periods mentioned herein.
19.6 We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
19.7 We reserve the right to refuse to supply Goods to any person for any reason whatsoever, to withdraw any Goods or offers from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Goods or offers from this Website whether or not such Goods have been sold or such offers have been extended, removing or editing content on the Website or refusing to process a transaction or unwinding or suspending any transaction after such processing has begun.
19.8 Headings in these Terms are for convenience only and will have no legal meanings or effects.
19.9 If you have any questions regarding these Terms please contact us by email email@example.com.