This website is operated by Lyoterra Foods . Throughout the site, the terms “we”, “us” and “our” refer to Lyoterra Foods. Lyoterra Foods offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
CONDITIONS OF USE AND SALE
Your use of the Aliments Lyoterra (“Lyoterra Foods”) website at https://www.lyoterra.com (the “Site”) and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following these Conditions of Use and Sale (the “Conditions of Use and Sale”). The Site is the exclusive property of Lyoterra Foods.
The Conditions of Use and Sale may be modified without notice; any modification becomes effective as soon as it is published on the Site. You are responsible to verify the updates made to the Conditions of Use and Sale. Your use of the Site after the Conditions of Use and Sale are updated will be considered as an acceptance of these modified Conditions of Use and Sale.
The price payable for each product you order is that appearing on the Site for each product offered, plus applicable taxes and delivery charges. All prices are in Canadian dollars.
The Lyoterra Foods Service is offered as continuous subscription with automatic renewal (“Subscription”), which means that when you place your first order, you agree to be subscribed to the Service for the future (or until you or we cancel) for the delivery frequency that you select. For example, you will receive your Products according to the delivery frequency you have selected and displayed in your account. Your LyoBox boxes will contain the Products you have selected when making your Subscription selection. You can find your Subscription and Lyoterra Foods Service information in the My Account section of our website (www.lyoterra.com).
Lyoterra Foods may change the price of a Subscription, introduce new Subscriptions, or remove Subscriptions from time to time, and will communicate any price or Subscription changes to you in advance. Price and Subscription changes will take effect as of the next billing period following the date on which Lyoterra Foods provided notice to you of the price or Subscription change. By continuing to use the Lyoterra Foods website after the effective date of a price or Subscription change, you indicate your acceptance of such price or Subscription change. If you do not agree with a price or Subscription change, you have the right to reject the change by cancelling your Subscription(s) prior to the effective date of the price or Subscription change. Please make sure that you read any notifications of price or Subscription changes carefully.
The prices you pay for products you order are those appearing on the Site, and are subject to applicable taxes and shipping costs The prices on products displayed on the Site may differ from the prices on the same products in Lyoterra Foods locations or other points of sale.
Unless otherwise indicated, discount coupons and promotional offers cannot be used for purchased made on the Site.
Our products (LyoBites, LyoSmoothies, LyoPowders, LyoTeas, LyoJuices, LyoCocoas et LyoBox) are not taxable.
Orders made on the Site must be paid by :
We accept credit Visa, Mastercard, American Express, JCB and Discover brands While we can only accept Interac Debit cards in person, our customers can pay for orders through our Square Online site and Square Invoices with Visa co-branded Interac debit cards or Lyoterra Foods gift cards.
The price is payable in full and in one payment at the time the order is placed.
RIGHT TO REFUSE OR CANCEL YOUR ORDER
Lyoterra Foods may, at its sole and full discretion, refuse or cancel any order as well as limit the quantities ordered. Lyoterra Foods may also require additional information before processing your order At any time after receiving your order, Lyoterra Foods reserves the right to accept, refuse or cancel it for any reason whatsoever. Lyoterra Foods may refuse or cancel an order for the following reasons, including, but not limited to:
- • The product is no longer available or is out of stock.
- • The billing information is incorrect.
- • The order is flagged by our security systems as being unusual or likely to be fraudulent.
- • We have reason to believe that you are a reseller.
- • In case of an error in wording, price or any other error contained in information available on the Website.
- • Personalized products purchased contain a trademark belonging to a third party, or its content is considered inappropriate.
Lyoterra Foods agrees to refund any order cancelled after billing.
No refunds will be granted on the products unless the products sold are defective or were not on your order All defective products or those not ordered must be returned within 30 days after delivery along with the invoice.
For any defective products or those not ordered, Lyoterra Foods will refund the purchase price of the product as well as its portion of shipping costs (including taxes) when the returned products are received The refund will be made to the credit card used to make the order. Defective products or those not ordered must be returned to: Lyoterra Foods, 4395, Avenue Beaudry, Saint-Hyacinthe, Québec, J2S 8W2.
SALES TO CONSUMERS ONLY
Lyoterra Foods sells products only to consumers. As a result, we reserve the right to refuse or cancel your order if we believe that products are intended for resale.
AVAILABILITY AND LIMITATIONS
Given the popularity of some of our products and supply constraints, Lyoterra Foods reserves the right to limit the quantity of products available for purchase. Product availability is subject to change without notice. All specials and promotions are limited to stock on hand.
PRODUCT PHOTOS AND/OR ILLUSTRATIONS
Some products may have an associated image or photo. Product images or photos are for reference or illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the site. The product assortments and selections, or the packaging and ribbons, may change without notice. The images on www.lyoterra.com are copyright protected and may not be used without Lyoterra Foods’ autorisation.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Lyoterra Foods will not be liable for the non-performance, in whole or in part, of any of its obligations to you, nor for loss or damage that you may incur, if the non-performance, loss or damage results from a case of force majeure or from a circumstance beyond its control.
These Conditions of Sale are governed by applicable Quebec and Canadian law and they must be interpreted according to these laws; any litigation must be submitted to a competent court in the judicial district of Quebec, Province of Quebec. If any provision of these Conditions of Sale is illegal, void or unenforceable, then that provision shall be deemed unwritten without restricting the scope of the other provisions.
The Conditions of Sale and any other legal notice or all other declarations appearing on the Site constitute the entirety of the agreement between you and Lyoterra Foods with respect to the use of the Site, including its content.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Lyoterra Foods, LyoBites, LyoSmoothies, LyoPowders, LyoTeas, LyoJuices, LyoCocoas et LyoBox names and logos are trademarks of Lyoterra Foods. You may not copy, imitate, modify, reproduce, publish, display, distribute or use them in any way whatsoever, in whole or in part, without Lyoterra Foods’ prior written authorization. Furthermore, all the Site’s scripts, page headers, custom graphics and buttons are considered as part of Lyoterra Foods’ trademarks and its exclusive property.
Even though Lyoterra Foods strives to ensure the Site is always available, service interruptions may occur for a variety of reasons, including, but not limited to, planned maintenance operations or upgrades, emergency repairs or equipment or telecommunication breakdown. Lyoterra Foods also reserves the right to remove any part of the Site without notice, for any reason whatsoever.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
WAIVER/LIMITATION OF LIABILITY
The Site, including the content and services it offers, is provided to you with no guarantee, whether express or implicit. Lyoterra Foods does not warrant that the functions offered on its site will be uninterrupted or be free of error, viruses or other nuisances or inconveniences. Lyoterra Foods can in no case or circumstance be held liable for direct or indirect damage resulting from the use of the Site, its content or services, or the inability to use them, even if Lyoterra Foods has been notified of the possibility for these damages.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lyoterra Foods , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
By placing an order through our Site, web applications or mobile applications, as applicable, you warrant that:
- • You are legally capable of entering into binding contracts; and
- • You are at least 18 years old;
- • You are resident in the Serviced Territory; and
- • You are accessing our Site, web applications or mobile applications, as applicable, from the Serviced Territory.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site www.lyoterra.com may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
HEALTH WAIVER NOTICE
The information contained on the Lyoterra Foods website and/or its subsidiaries (LyoBites, LyoSmoothies, LyoPowders, LyoTeas, LyoJuices, LyoCocoas and LyoBox) has not been evaluated by the Food and Drug Administration (FDA) and is not meant to diagnose, treat, cure or prevent any disease. The information on the Lyoterra Foods website should not be used as a substitute for the advice of a health professional. The information presented on the Lyoterra Foods website, or information received via telephone, SMS, email, or other electronic communication from Lyoterra Foods is not, and should not be interpreted to be, medical advice. Lyoterra Foods is not responsible for the abuse and/or misuse of any Product sold through the Lyoterra Foods website. You assume the risk of all consequences arising out of or relating to your use and consumption of any Products purchased through the Lyoterra Foods website. Customers using this web site, past and future, who do not consult their healthcare professional prior to purchase and subsequent use of any product, assume the risk of all consequences.
You agree to indemnify, defend and hold harmless Lyoterra Foods and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
LYOBITES, LYOSMOOTHIES, LYOPOWDERS, LYOTEAS, LYOJUICES, LYOCOCOAS AND LYOBOX
Transactions related to LyoBites, LyoSmoothies, LyoPowders, LyoTeas, LyoJuices, LyoCocoas et LyoBox are subject to the terms and conditions that may differ from these Conditions of Use and Sale, in particular in respect to product delivery methods. Please take note of the terms and conditions applicable to LyoBites, LyoSmoothies, LyoPowders, LyoTeas, LyoJuices, LyoCocoas and LyoBox products.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org