Terms of sale
Last Modified: June 5, 2018

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

    RIGHTS AND OBLIGATIONS PROVIDED HEREIN SHALL BE INTERPRETED AND ENFORCED ACCORDING TO THE LAWS OF THE PROVINCE OF QUEBEC AND APPLICABLE FEDERAL LAWS.

    BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH 8248966 CANADA INC. D/B/A FBW FARMS, (C) ARE NOT A RESIDENT OF THE PROVINCE OF QUEBEC, CANADA, (D) WANT THE PRODUCT, OR SERVICE PERFORMED, OUTSIDE THE PROVINCE OF QUEBEC, OR (E) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

    These terms and conditions (these "Terms") apply to the purchase and sale of products and services through FBW Farms (the "Site"). These Terms are subject to change by 8248966 Canada Inc. d/b/a FBW Farms (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

    These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

     
  2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will provide confirmation of the items you have ordered. Acceptance of your order and the formation of the contract of sale between 8248966 Canada Inc. d/b/a FBW Farms and you will not take place unless and until you have received your order confirmation. You have the option to cancel your order at any time before we have provided order confirmation by calling our Customer Service Department at 1-833-669-2498.

     
  3. Prices and Payment Terms.
    1. All prices posted on this Site are subject to 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 set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
       
    2. Terms of payment are within our sole discretion and will be communicated at the time of purchase. Nevertheless, payment must be received by us before delivery can occur. At this time, we only accept COD for all purchases. In the future, should we accept credit card payment, and you choose this payment method, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.


     
  4. Shipments; Delivery; Title and Risk of Loss.
    1. At your request, and our discretion, we can arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process.
       
    2. Title and risk of loss pass to you upon our transfer of the products to you personally (in the case of pick-up), or in the case where we are arranging transportation, when the products are transferred to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.


     
  5. Returns and Refunds. No returns or refunds shall be accepted.

     
  6. LIMITED WARRANTY AND LIABILITY.

    8248966 CANADA INC. D/B/A FBW FARMS WARRANTS THAT, AT THE TIME OF SHIPMENT, THE PRODUCTS PURCHASED FROM FBW FARMS WILL BE SAFE FOR HUMAN CONSUMPTION, SUBJECT TO THE FOLLOWING:

    NOTWITHSTANDING, 8248966 CANADA INC. D/B/A FBW FOODS IS NOT LIABLE FOR ANY CLAIMS OR SUITS ARISING OUT OF, EITHER DIRECTLY OR INDIRECTLY, THE PURCHASERS HANDLING OF THE PRODUCT IN CONTRAVENTION WITH GOVERNMENT OF CANADA'S RECOMMENDATIONS FOR SAFE, CHILLING, CLEANING, THAWING, REFRIGERATION, AND COOKING, AS AMENDED.

    MOREOVER, 8248966 CANADA INC. D/B/A FBW FARMS SHALL NOT BE LIABLE FOR ANY CLAIMS OR SUITS SHOULD THE PRODUCT AT ISSUE BE RESOLD, EXPORTED, OR CARRIED OUT OF THE PROVINCE OF QUEBEC, CANADA BY THE PURCHASER.

    8248966 CANADA INC. D/B/A FBW FARMS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

     
  7. Goods Not for Export. Products and/or services purchased from the Site are not for export or resale. Law prohibits the export of the product outside of the Province of Quebec. Should the product be resold or exported for whatever reason, Company limits its liability pursuant to paragraph 6 above.

     
  8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, [www.fbwfarms.com], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

     
  9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

     
  10. Governing Law and Jurisdiction. This agreement shall be governed by the laws of the Province of Quebec and any federal laws applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of Quebec courts.

     
  11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

     
  12. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of 8248966 Canada Inc. d/b/a FBW Farms.

     
  13. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

     
  14. Notices.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
       
    2. To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to FBW Farms, c/o legal department, 16711 Autoroute Transcanadienne, Kirkland QC H9H 3L1. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.


     
  15. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

     
  16. Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.