Terms of Service

Welcome to FERMY’s website. Please note that your use of our website constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this website.

ORDERS, EXCHANGE RATES, TAXES, AND PAYMENT OPTIONS

All prices on this website are in United States dollars. We accept all of the following payment methods: Visa, MasterCard, Amex, PayPal, Apple Pay, Shop Pay. Once the order is verified and paid in full, it will be processed and delivered.

At FERMY our best efforts are put towards maintaining an updated inventory. Should an item be out of stock, you will be notified promptly and given the choice between receiving a refund for the item or the option to wait for the item to be restocked and sent at a later date. Customers accept to pay for goods and services purchased through the FERMY website and recognize that buying goods or services online is equivalent to purchases made in a physical store.

HEALTH DISCLAIMER NOTIFICATION

The information contained in this website has not been evaluated by the United States Food and Drug Administration. The information is not intended for diagnosing, treating, curing, or preventing diseases of any kind. The information on this website should not be used as a therapeutic measure or replace the advice of a health care professional. The information on this website, or the information received via phone or email, should not be construed as the practice of medicine. FERMY is not responsible for the abuse and/or misuse of any product sold due to a consumer using this website. FERMY is also not responsible for any problems or difficulties that may arise due to the use of consumer products sold by FERMY. Customers of this website, previous and future, who do not consult with a healthcare professional prior to the purchase and use of any product, assume all risks and consequences.

The entire contents of this website including but not limited to text, graphics, and code are copyrighted as a collective work under Canadian law and other copyright laws, and is the property of FERMY. The collective work includes any work that is licensed by FERMY.

Permission is granted to download or print portions of this website only for personal, non-commercial use or if the objective is to place an order with FERMY or buy products from FERMY. Any other use, including but not limited to reproduction, distribution, display or transmission of content on this site is strictly prohibited unless authorized by FERMY.

DISCLAIMER OF WARRANTY

This website and the materials and products on this website are provided ''as is'' and without a guarantee of any kind, express or implicit. In the broadest possible way permitted under applicable law, FERMY disclaims all warranties, express or implied, including, but not limited to, all warranties implied of commercial value and physical form for a purpose and particular non-infringement. FERMY does not represent you nor warrant that the functions contained in this website will be uninterrupted or without error, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. FERMY makes no warranty or representation regarding the use of the materials in this site in terms of their accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some jurisdictions do not allow limitations or exclusions on warranties, in these cases the above limitations may not apply to you.

DISCLAIMER

FERMY will not be responsible for any harm or injury resulting from the use or inability to use materials from this website or the preparation of the products, even if FERMY has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or damages fortuitously or consecutively, therefore the limitation or exclusion above may not apply to you.

TYPOGRAPHICAL ERRORS

In the event that FERMY erroneously lists a product at an incorrect price, FERMY reserves the right to refuse or cancel all orders of the product listed at the incorrect price. FERMY reserves the right to refuse or cancel such orders even if the order has been confirmed and charged to your credit card account. In the event that the order has already been charged to your credit card and your order is canceled, FERMY is committed to reimbursing your credit card for the full value of the incorrect price.

LIMITATIONS

These terms and conditions apply to you when you access the website and/or complete the registration or buying process. These general terms and conditions, or any part thereof, can be terminated by FERMY without notice at any time, for any reason. The provisions relating to copyright, trademark, denial, limitation of liability, indemnification, and miscellaneous, shall survive any termination notification. FERMY can notify you by email, provide a general notification on the website, or use any other reliable method to send a notification to the address you provided to FERMY.

VARIOUS

Use of this site shall be governed in all respects by the laws of the Province of Quebec, Canada, without regard to choice of law provisions and not by the U.N. Convention 1980 on Contracts for the International Sale of Goods. You agree that jurisdiction and venue of meeting in any legal proceedings directly or indirectly arising out of or about this website (including, but not limited to the purchase of FERMY products) will be made in provincial or federal courts located in Montreal, Quebec. Any cause of action or claims related to the site (comprising, but not limited to the purchase of FERMY products) should be commenced within one (1) year after the claim or cause of action has arisen. The lack of FERMY to emphasize or impose strict performance of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor commercial practices will act to modify any of these general terms and conditions. FERMY can assign its rights and duties under this agreement to any party at any time without notice.

WEBSITE USE

Harassment in any manner or form on the website via email or blog, or using obscenities or abuse is strictly prohibited. You may not upload, distribute, or publish through the site any content that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or objectionable which may constitute or encourage an offense, violate rights in any way that can cause liability or violate any which law. You cannot upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or of any other organization.

SECURITY

FERMY works to protect your personal information during transactions using a secure system. FERMY employees do not have access to your credit card information because they are encrypted the moment a transaction is completed. Only the company managing transactions with which FERMY is doing business receives this encrypted information. Other personal information collected by FERMY is used to ship your order, to contact you in case of need, or to let you know about all the opportunities and proposed activities FERMY has to offer. You may, at any time, ask that your information is removed from our database.

SHIPPING

A delivery fee of $9.99 (USD) will be added for any order under $100 after discounts and promotion codes and before sales taxes. FERMY relinquishes all property rights to the buyer when the products are handed to the shipping company. The delivery of the products is subject to the rules of the shipping company as well as the rules concerning the signing of a received receipt for the products. If you are absent at the time of delivery, you will be responsible to track, and recuperate the products according to the rules and procedures of the shipping company. If an order item is damaged during shipping, is incorrect, or missing, you must immediately contact FERMY. To contact us, write tohello@fermy.co.

DENIAL OF PARTICIPATION

FERMY does not and cannot review all communications and material posted or created by users who access the website and is in no way responsible for the content of these communications and the material. You acknowledge that by allowing yourself to view and distribute user-written content on this site, FERMY simply acts as a passive conduit for such distribution and is not undertaking any obligation or liability for any content or activity on this site. However, FERMY reserves the right to block or remove communications or material that it deems to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark, or intellectual property rights, or (d) offensive and unacceptable to FERMY according to its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold FERMY harmless and its officers, directors, employees, agents, investors, and suppliers (collectively the "Service Providers") against all losses, expenses, damages, and costs, including reasonable attorneys' fees resulting from any violation of these general terms and conditions or any activity related to your account (negligent or wrongful actions included) by you or any other person accessing the website.

THIRD PARTY

In order to provide added value to our users, FERMY can affiliate itself to websites operated by third parties. FERMY may not have control over these linked sites which have different private data collection methods unrelated to FERMY. These linked websites are for your convenience only and are therefore accessed at your own risk.

TERMS OF SALE & RETURN POLICY

All sales of FERMY products on fermy.co are final and returns will not be accepted.

PRODUCT AVAILABILITY

At FERMY our best efforts are put toward maintaining an updated inventory. Should an item be out of stock, you will be notified promptly and given the choice between receiving a refund, swap for a different item or wait for the item to be restocked and sent at a later date.