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Home / Sales Terms and Conditions

Important Notice

WHEN PLACING AN ORDER OR MAKING A RESERVATION FOR TREES USING THE ONLINE ORDER FORM, THE CUSTOMER ACKNOWLEDGES THAT HE HAS READ, UNDERSTANDS AND AGREES WITH THE SALES TERMS AND CONDITIONS STATED BELOW

Notice about the risks of transplantation failure when buying certain species of trees.

Hardiness and frost damage: Potential for loss and/or damage to certain trees.

Nutcracker nursery sales certain species of trees that have limited hardiness and some have not been extensively tested. The nursery is not responsible for the success rate of the transplantation of these trees or certain phenomenon associated with the hardiness of a tree such as signs of basal sprouting, frost cracks, branch stubs, root death or the incapacity to lignify. The nursery cannot be held responsible for the transplantation failure of trees that are planted in a hardiness zone that does not correspond to the species natural environment.

We strongly recommend before buying our trees, to read the trees technical descriptions to be well informed of the particularity and optimal hardiness zones for each species you are planning on buying. The description contains valuable information, such as the hardiness of the trees and how much experimenting has been done on the species in various hardiness zones. When buying trees and transplanting them into a zone that might put at risk their potential to thrive and even survive, you must aware of the possibility of failure. YOU ARE BUYING AT YOUR OWN RISK.

It is highly possible for certain trees to do well outside of their optimal hardiness zone; per example a tree that has been rated for a 4b zone may grow well in a 3b zone or lower zone, same for a tree rated 5b may also grow in a 4b zone. Environmental factors may influence such adaptation, like the type of soil, sun exposure, snow cover, a large body of water nearby, hedge fences and other trees protecting against the wind or the proximity of buildings. Sometimes global environment factors will influence the performance of trees even inside their recommended hardiness zone. Walnut trees that were planted in an open field fully exposed to the element and very close to the limit of their optimal hardiness zone, yielded poor results. MANY FACTORS MUST BE CONSIDERED BEFORE BUYING LARGE QUANTITY OF TREES.

Policy and procedures for online purchases

Confidentiality

Nutcracker Nursery ensures that all information shared via emails or telephone conversations remains confidential, including banking and personnel information. The nursery also commits not to share such information.

Terms and conditions for reserving your trees several months in advance

An order for a reservation placed by email or phone several months before the beginning of the shipping season mid-April does not bind the customer until it has received a confirmation of order or delivery confirmation by email or phone. On the other hand, a deposit of 35% can be requested in certain cases when you try to reserve many trees. We ask that deposit to put aside the plants and to administer this order by securing the purchase. Nursery Nutcracker inc. will confirm the details of the order with the customer by email or phone. Nutcracker Nursery inc. cannot be held responsible for an order placed online that has not been confirmed by email or phone. In the case of a direct purchase online through the shopping cart, without reservation in advance, the total amount of the order is required and the order is delivered within weeks after spring season opening or in the following days if you order in May or June.

Payments

Any online order is subject to an automatic tracking link by email. During this order process, the details of the order are reviewed as well as the payment terms. The payment methods accepted are either through your shopping cart on our website with Paypal by credit card or from your personal account with Paypal. The payment option with Netbanx-Paysafe is also available in the shopping cart. It is also possible to send a cheque labelled to Nutcracker Nursery. You can pay at the nursery when is the time to pick up your plants. The total amount of the transaction, including taxes and shipping/handling fees will be specified by email as an order receipt sent by email to the customer. The vast majority of transactions are made on our transactional platform website to ensure consistency, security payment method and speedy order process.

Order cancellation

If in any case, the customer wishes to cancel the order he has reserved by email or phone with the 35% deposit already sent and cashed, the full refund is possible but the cancellation request must be made 2 months in advance in which case, the nursery has reserved the right to refund only a part of the deposit as a penalty for loss of potential sales and restocking operation. However, the customer can change the quantities and varieties of the order if It’s done 30 days before shipping operations.

Nutcracker Nursery will also notify the client if a modification/substitution of tree species, size or cost is necessary and these changes will be submitted to the client for approbation prior to confirming the order.

All plants sold are premium quality and carefully chosen to ensure the best quality in our product. When handled, bare root trees are carefully removed from the ground to ensure the trees have the best chances for a successful transplantation. Potted trees are inspected to ensure that their root system is well and will also yield a good transplantation success rate. In the case of trees that may be inferior in quality that the nursery’s production standards, the client will be notified and modification to the order can be made to take into account those observations.

Delivery information

All our trees are delivered by private courier company CANPAR or Canada Post (some cases). A tracking number and e-mail notification are provided with each shipment. The nursery also offers delivery for large volume orders within an area of ± 600 km. The prices are calculated by us during a request for quotation or automatically for online orders according to a mathematical calculation of the quantity of items, size of the trees and shipping distance to travel.

Guarantee with your trees and shrubs after their purchase

Guarantee / replacement on ordered trees online

We only give a warranty during spring delivery when the trees and shrubs are received in a dormant phase (no leave out) or in their first stage of buds breaking.

We guarantee the trees for 35 days after they are received (delivered). The warranty does not apply to trees or shrubs received during summer time in full leaves or during the fall due to several uncertain seasonal factors out of our control… see explanations in the next paragraph. In addition, the guarantee does not apply to healthy trees received in the growing season (with leaves) but only in their dormancy.

Additional information of no guarantee in autumn: fall with very cold temperature, little snow cover or a complete absence of snow cover late fall or early winter, extreme and prolonged winter temperatures below (-30°C), sudden warmth in January (melting / refreezing) or tissue or structural damage caused by ice, wolves and hares, deers or by snow removal operations at home (crushing, broken by snow compaction).

Damage during transport

The Nutcracker Nursery inc. will take all precautions when it’s time for packing and will handle your order with professionalism and efficiently to avoid that as little damage as possible occurs during transit. However, it is possible that damage is found during transportation by mishandling / handling of employees of Canada Post or Canpar and this chain of transport is not in our control. In such cases, we take the case by case by examining the damage and find a solution with you. Any article of visual, well damaged items during the transport will be replaced by an equivalent in value without expenses. A customer wishing a refund rather than a replacement will have to prove with photos and description, the damages found in the transport. The shipping costs for the return of the article are NEVER refundable except in case of packing error made by the Nursery.

Typing mistake and erroneous information on the website

The nursery strive to ensure the accuracy of the information broadcasted on the website, but sometimes mistakes can be made, therefore if a mistake or misprint occurs, we have the right to refuse an order or submit a modified version for which a price would have been inaccurately quoted. The total costs of orders are finale only when a confirmation has been submitted to the client by email or phone call.

Copyright

The texts, page layout, logos, illustrations, pictures and other constitutive elements used on this site are protected under the copyright act, whereas the database is protected under a specific act. All these elements are the nursery’s property and the web content collaborators as well as third party owner for which the nursery has obtained the right to reproduce their content. Unless stated otherwise, the content (texts and numbers) of this website can be used for free when a reference is clearly stated and accompanies the information but it cannot be used for commercial or advertising reasons.

Any form of use, reproduction or copy of the texts, contents, pictures, illustrations, graphs, computer applications and everything that constitute the website is strictly prohibited. A formal demand in writing must be submitted to: direction@nutcrackernursery.com before reproducing any part of the site. The nature of the demand and the reason must be clearly stated in the email.

Creating hyperlinks to our website

Nutcracker Nursery authorizes without having to make a formal demand the creation of surface links redirecting to our home page or other pages in full contain on our website. However, the use of techniques to include partially or integrally, to disguise, to crop the source of our website in another site or anything that would not clearly indicate the source of the information (such as framing or in-lining) or that could be misleading is not permitted. A formal demand in writing must be submitted to: direction@nutcrackernursery.com for approbation prior to executing such act.

Transfer of information

Do not transfer information that may be deemed illegal, threatening, defamatory, obscene, scandalous, and blasphemous or any other kind of information that can be held against the nursery or its employees in accordance with the Québec Civil Code.

Lauréat national 2013 - Concours québécois en entrepreneuriat
Telephone : 1-819-227-1052
direction@nutcrackernursery.com
Sales Terms and Conditions
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