Terms of service

Effective date: September 6, 2026

Overview

This website and store are operated by Hoya etcetera inc. ("Hoya etcetera," "we," "us" or "our"). These Terms of Service govern your access to and use of hoyaetcetera.ca and purchases made through the website. By using the website or placing an order, you agree to these Terms and to our Privacy Policy, Refund Policy and Shipping Policy. If you do not agree, do not use the website.

1. Eligibility and Account Information

You must be at least the age of majority in your place of residence or otherwise legally able to enter into the transaction. You must provide current, complete and accurate account, billing, payment, delivery and customs information. You are responsible for safeguarding your account credentials and for activity under your account, subject to applicable law.

2. Products and Live-Plant Variation

We currently sell live plants and plant cuttings through the website. Photographs and descriptions are prepared with reasonable care, but colour, size, rooting, foliage, variegation, growth habit and appearance can vary because every plant is living and because screens, lighting, season and growth conditions differ. ‘Exact plant’ listings identify the specific specimen only when expressly stated.

We may change or discontinue products, descriptions, quantities and availability. Product-specific conditions, including a higher minimum order or destination restriction, form part of these Terms when clearly displayed before purchase. If a product-specific condition conflicts with a general policy, the more specific disclosed condition controls, subject to mandatory law.

3. Orders and Acceptance

Submitting an order is an offer to purchase. An automated confirmation acknowledges receipt but does not necessarily mean that we have accepted the order. We may accept, decline or cancel an order for product availability, pricing or listing error, weather, shipping capacity, suspected fraud, plant-health or export restrictions, or another legitimate business reason. If we cancel an order after payment, we will refund the amount we are legally required to refund.

4. Prices, Currency, Taxes and Promotions

Prices are displayed in the currency selected for the applicable market. Unless stated otherwise, prices exclude shipping, taxes, duty, brokerage, import fees and other charges described in the Shipping Policy. For the U.S. market, displayed product prices include applicable U.S. duties and taxes and the required phytosanitary certificate, while shipping is shown separately at checkout. Prices and promotions may change before an order is placed.

Discount codes and promotions may have eligibility, minimum-purchase, market, product, quantity, expiry and non-combination rules. Unless expressly stated, they have no cash value and cannot be applied retroactively. We may correct or cancel a promotion applied through error or misuse, subject to applicable law.

5. Payment and Fraud Prevention

You authorize the payment method for all amounts shown at checkout. We or our payment providers may conduct reasonable verification and may request information needed to prevent fraud or comply with law. An order may be paused or cancelled if verification cannot be completed.

6. Shipping, Exports and Risk

Shipping schedules, carriers, order minimums, import responsibilities, DAP terms, delays and delivery evidence are governed by the Shipping Policy, which forms part of these Terms. Risk of loss and legal responsibility pass only as provided by applicable law.

7. No Returns; Cancellations and Mandatory Remedies

All sales of live plants and plant cuttings are final. Physical returns and exchanges of live plants and plant cuttings are not accepted under any circumstances. For European Union customers, the withdrawal exception for goods liable to deteriorate rapidly applies as explained in the Refund Policy. Delivery claims and customer-requested cancellations are governed by that Policy. Nothing in these Terms limits a mandatory consumer right, legal guarantee or remedy that cannot lawfully be waived; any such remedy will be handled without requiring the plant or cutting to be returned.

8. Intellectual Property

The website and its content—including photographs, text, graphics, logos, layouts, product presentation and branding—are owned by Hoya etcetera inc. or used with permission and are protected by applicable intellectual-property laws. You may view and use the website for personal shopping. You may not reproduce, republish, scrape, sell, modify or commercially use the content without prior written permission, except where law permits.

9. Reviews, Messages and Other Submissions

If you submit a review, message, image or other content, you confirm that you have the right to submit it and that it is not unlawful, misleading, infringing or harmful. You retain ownership of your content but grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display it for operating and promoting the business, subject to applicable privacy law and any platform settings.

10. Third-Party Services and Links

The website may use third-party platforms, applications, payment providers, carriers and links. Their services may be subject to separate terms and privacy practices. We are not responsible for third-party content or conduct beyond the responsibility imposed on us by applicable law.

11. Privacy and Electronic Communications

Personal information is handled under our Privacy Policy. Transactional messages may be sent to administer an order. Marketing messages are sent only as permitted by law and can be unsubscribed from using the method provided in the message.

12. Errors and Corrections

The website may occasionally contain an error or omission concerning description, price, promotion, availability, shipping or timing. We may correct information and take lawful action on an affected order. We will not rely on this clause to avoid a binding obligation where applicable law does not permit it.

13. Prohibited Uses

·     use the website or products for an unlawful or fraudulent purpose;

·     submit false, misleading or unauthorized payment, delivery or customs information;

·     interfere with the website’s security, operation or other users;

·     introduce malicious code, scrape content at scale or attempt unauthorized access; or

·     violate our intellectual-property rights or those of another person.

14. Website Availability and Warranties

We use reasonable efforts to operate the website and describe products accurately. The website may nevertheless be interrupted or contain errors. To the fullest extent permitted by law, we do not make additional implied warranties beyond those expressly stated. This clause does not exclude any statutory warranty, guarantee or obligation that cannot be waived.

15. Limitation of Liability

To the fullest extent permitted by law, Hoya etcetera inc. is not liable for indirect, incidental, special, consequential or punitive loss arising from use of the website or a purchase. This limitation does not apply where liability cannot lawfully be limited, including liability arising from intentional or gross fault where applicable, personal injury where exclusion is prohibited, or a mandatory consumer remedy.

16. Responsibility for Misuse

To the extent permitted by law, you are responsible for reasonable losses and third-party claims caused by your unlawful use of the website, material breach of these Terms, or infringement of another person’s rights. This clause does not impose liability beyond what applicable law allows.

17. Suspension and Termination

We may suspend access, limit transactions or cancel an order where reasonably necessary to address fraud, abuse, unlawful activity, security risk or a material breach. Rights and obligations that by their nature should survive termination remain effective.

18. Governing Law

These Terms are governed by the laws of Quebec and the federal laws of Canada applicable in Quebec, without depriving a consumer of mandatory protections available under the law that applies to that consumer. Any mandatory rule concerning jurisdiction or venue prevails.

19. Severability, No Waiver and Entire Agreement

If a provision is unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions continue. A delay in enforcing a right is not a waiver. These Terms and the policies incorporated into them form the agreement concerning website use and purchases, together with any product-specific terms disclosed before purchase.

20. Changes

We may update these Terms by posting a revised version and effective date. Changes apply prospectively unless the law permits otherwise. The Terms in effect when an order was placed generally govern that order, subject to mandatory law.

21. Contact

Questions about these Terms: orders@hoyaetcetera.ca. Website: https://hoyaetcetera.ca.