Terms of Service

Last updated: July 2017

By creating an account with Lufa Farms Inc. ("us" or "we") through lufa.com and montreal.lufa.com (collectively "our Website"), you agree to be bound by the terms of this contract (the "Terms"). A link to a copy of the Terms will be e-mailed to you along with confirmation of your registration.
 

Our Basket Program

What happens when you create an account with us?

You are automatically registered to receive a weekly Lufa Farms base basket. By default, every week we will prepare a base basket with approximately $30.00 (plus applicable tax) worth of seasonal produce, dried goods and other products available on the Marketplace, and invoice you accordingly. You can also customize your basket by choosing a minimum of $15.00 (plus applicable tax) worth of products available on the Marketplace. By registering for a weekly Lufa Farms basket and for as long as your account is active, you expressly authorize Lufa Farms to charge the credit card you have provided on a weekly basis in the amount of either the base basket or the total price of your customized basket. The amount charged will be either $30.00 (plus applicable tax) or the total price of your customized basket (minimum $15.00 plus applicable tax).

You may skip your weekly basket as often as you like by suspending your order through your account settings. Your credit card will not be charged if you suspend your basket by midnight before the delivery date.  You have from the weekly opening of the Marketplace until midnight before your basket’s delivery day to customize or suspend your basket.

When you create an account you will receive email notifications from us about the opening of the Marketplace, payment authorizations, password changes and other information related to your orders and your account.

Can you cancel your basket?

You can cancel your basket and close your account at any time by contacting customer service at support@lufa.com or through our online contact form. All cancellation requests will be confirmed by email. If you cancel your basket, we will be unable to reimburse any promotional amount that may remain credited to your account. The only charges you may incur after account cancellation are outstanding amounts from your previous basket as a result of adjustments from charge by weight products.

 

The Marketplace

The Marketplace opens three days before your basket’s delivery date and closes at midnight the night before delivery. If you get your basket on a Monday, we will send you an email every Friday notifying you that the Marketplace is open and you will have until Sunday at midnight to either customise or suspend your basket or we’ll prepare the base basket for you.

What happens when the Marketplace closes?

When the Marketplace closes at midnight your order for the products in your basket will be automatically finalised and your credit card will be charged for the items in your basket at that time. If the payment is approved, your basket will be prepared for you and you will receive an email confirming the items in your basket and the total price.

Your order is subject to product availability.

While we strive to provide you with high-quality products, given the perishable nature of certain products and market and agricultural conditions beyond our control, sometimes items listed on the Marketplace or placed in your basket order will not be available. When a product is ordered and is no longer available we will either substitute it for other similar items or offer you a credit. If you are not satisfied with a substitution, please contact us.  Due to limited availability or for other reasons, we may also impose quantity limits on specific products. We will not always have the same products on the Marketplace from week to week and may stop offering certain products.

How does pricing work?

Prices listed for items will not change from the time the Marketplace opens until it closes. However, prices for items do fluctuate from one week to another.  

What about taxes?

Most of the products on the Marketplace such as fresh vegetables, are “zero-rated” basic grocery items, meaning they are not taxed. Other items, such as sweets and home delivery charges are subject to GST and QST. The details of any taxes applied will appear on your order summary.

How does “charge by weight” work?

Items whose price is determined by their weight will be displayed as such on the Marketplace and the price will be an estimate based on the amount being ordered. A scale symbol will appear next to the item(s) in your order summary and you will be charged for the estimated amount of your item as listed on the Marketplace. On delivery day the actual weight of the item going into your basket will be measured. If the actual weight is more or less than the estimated price you will receive an email notifying you of this and providing a link to your updated account summary indicating the actual weight and actual cost of that item. The cost difference will be credited or debited accordingly and applied to your next basket.

How do you pay?

We accept VISA and MasterCard credit cards through our website. If you are paying by credit card, the credit card you have provided us in your account settings will be automatically charged each week in the amount of your basket order summary and processed through one of our payment processors. Charges will appear listed on your credit card statement as “Lufa Farms Inc”.  If you pay by cheque, the amount of the check will be credited to your account and you will be responsible for monitoring the balance. You agree to pay all fees charged to your account as shown on your order summary.

 

Pick Up & Delivery

When your register you will select a pick-up point location for your basket pick-up. The days and times for basket pick-up vary by location so your basket pick-up date will depend on which pick-up point is associated with your account or the time of activation of the second harvest. You can confirm or change your pick-up point in your account settings.

If you have the option and select home delivery then we will deliver the basket at the address indicated in your account settings during the hours indicated. You are responsible for verifying that your address is correct. We provide two options for home delivery, between the hours of 1:00 PM - 5:00 PM and 5:00 PM to 9:00 PM. Though we will try our best to respect these times, we cannot guarantee that your delivery will be made within this time frame. Any individual at the delivery address who accepts a delivery is presumed to be authorized to receive it. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. If you choose to authorize the driver to leave the delivery at your door then you are presumed to have received delivery when the basket is left at your door.

You are responsible for inspecting all items in your basket for any damage or other problems upon pick-up or delivery. In addition, you are solely responsible for determining the freshness of the products you receive and confirming that the items are in proper condition, including the refrigerated or frozen items. In the unlikely event that the temperature zone has not been maintained adequately, or you have any other reason to believe that any other product in your basket is not suitable for consumption, please contact us and discard the item. To maintain the quality and integrity of the products, we recommend that you immediately refrigerate all perishable products upon pick-up and follow the Government of Canada’s guide to safe food storage available here. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the Government of Canada’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.

What if you miss your basket on pick up day?

If you are not able to get your basket at your pick-up point on your delivery day, please contact your pick-up point to make alternative plans. Many of our pick-up points don’t have refrigeration capabilities and therefore there is no guarantee that products will be safe for consumption the day following delivery. If your pick-up point is a truck stop, the driver will return your basket to Lufa Farms located at 1400 Antonio Barbeau, Montreal, QC, H4N 1H5, and you will be responsible for picking up your basket between the hours of 9:00 AM and 6:00 PM up to three days after your original delivery date, provided this falls on a weekday.  If your basket was prepared on Monday, you have until Thursday at 6:00 PM to pick-up your basket. If your basket was prepared on Tuesday, Wednesday or Thursday, you have until Friday at 6:00 PM to pick up your basket. If your basket was prepared on Friday, then you have until the following Monday at 6:00 PM to pick-up your basket.

What if you miss your home delivery?

If you are not at home when your delivery arrives, you have the option of allowing the driver to leave your basket outside your door. If there is no one to accept the basket delivery and you have not authorized the delivery to be left at your door, or if it cannot be left at your door, then the basket will be returned to Lufa Farms located at 1400 Antonio Barbeau, Montreal, QC, H4N 1H5. You will be responsible for picking up your basket between 9:00 AM and 6:00 PM up to three days after your original delivery date, provided this falls on a weekday. If your basket was prepared on Monday, you have until Thursday at 6:00 PM to pick-up your basket. If your basket was prepared on Tuesday, Wednesday or Thursday, you have until Friday at 6:00 PM to pick up your basket. If your basket was prepared on Friday, then you have until the following Monday at 6:00 PM to pick-up your basket.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In the unlikely event that delivery of your order is not feasible, we will cancel your order for the period so affected and issue you a credit or refund of the purchase price for that order.

 

Food Safety

We do our best to ensure that all foods are safe for consumption when they arrive at your pick-up point, but it is very important that you pick up your basket on the same day as delivery. Many of our pick-up points don’t have refrigeration capabilities and therefore there is no guarantee that products will be safe for consumption the day following delivery.

Please be aware that we do sell products containing nuts, soy, and other allergens, and all baskets are assembled in a common area. While we work to keep information as up-to-date as possible for each product on the Marketplace and consult with partners regularly about their food processing practices, individuals with severe sensitivity to trace amounts of any allergens should be advised that we cannot guarantee a complete absence of such allergens.

For more information about Food Safety, please consult this page.

 

Promise of satisfaction

Quality vegetables are the result of many different factors: the plant cultivar itself, the horticultural methods used to grow them, the season in which they are grown, and many other agricultural, harvesting, or handling factors. We always endeavor to bring you nothing but the finest produce. But If at any time, or for any reason, you are not satisfied with the produce you have received, Lufa Farms will provide you replacement produce, alternative produce as available, credit on your account, or a refund, at your election.

 

Refund Policy

The Lufa Farms Promise of Satisfaction, is located here and outlines our commitment to making sure that you’re completely satisfied with our service. If you’re not, please contact us so that we can make it right. Refund requests must be made directly to Lufa Farms and refunds for products that have been delivered can be issued up to 5 business days after delivery. If you are concerned about the safety of any food items, please do not consume them and be sure to contact us right away for a full refund. Lufa Farms will credit the amount paid for the product to your account. If you make a request to have this amount refunded to your credit card, then the amount will be refunded to the credit card you have provided in your account settings. Notwithstanding the foregoing, Lufa Farms does not control when a specific credit card company processes chargeback transactions. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.

In certain circumstances, such as if we want to thank you for your patience with a delayed delivery or to address another customer service issue, we may provide you credits that will be automatically applied to your next basket. Credits may only be redeemed for products available on the Marketplace, are promotional in nature, are not transferable, and are not redeemable for cash or other property.

 

Privacy

The Lufa Farms Privacy Notice, as detailed below, explains how personal information is collected, used and disclosed. By creating an account with Lufa Farms, you hereby agree that we may use your personal information in accordance with the Privacy Notice. Your use of our Websites are also subject to Lufa Farms' Privacy Notice.

This Privacy Notice governs our practices with respect to personal information we collect through our websites (lufa.com & montreal.lufa.com) (collectively, the “Website”)  and your use of our online applications and services namely our Website, your Lufa Farms account and the Marketplace. 

Effective date: March 5th, 2017.

About Us.

We are located at 1400 Antonio Barbeau, Montreal, QC, H4N 1H5.

If you have a question or complaint about our personal information handling practices or would like assistance accessing your personal information collected by us, please contact us at privacy@lufa.com.

In this Privacy Notice, the terms "we", "our" and "us" mean Lufa Farms Inc.

What Personal Information Do We Collect?

Personal information is information that identifies you or could be combined by us or our service providers and affiliates with other information to identify you. This information can include your personal email address, your home address, your telephone number, your image, and may include your age, income, ethnicity and other similar information when associated with you. Personal information may also be information containing details as to whether you have opened our promotional e-mails or how you have used our Website, if we can associate that personal information with you. If you are a business customer or prospective business customer, personal information does not include your title, business address and business telephone number.

We collect personal information from you when you create an account, browse or shop on the Marketplace and on our Website, enter a contest or promotion, communicate with us by email or using our web forms, submit a product review, take a survey or otherwise submit personal information to us. For example, we will request credit card and other identifying information to process your weekly basket orders or when you purchase a product through our Website. We will also ask you for contact information in order to contact you regarding your account, your orders, and for basket delivery.

We receive personal information about you from other sources. For example, we will receive information from payment processors regarding your credit card and whether the credit card details you gave us have been accepted or declined. We will receive information from our basket delivery service regarding whether your basket was delivered. We may also acquire information about you from other promotional or marketing companies with whom you shared your information and whom you have allowed to provide information to us.

How Do We Use Your Personal Information?

We do not sell or rent your personal information to third parties.

We use your information to provide products and services and to manage our business operations. Some examples include:

  • to fill your orders and provide you with the products and services you have requested
  • to register your account and authenticate you when you log into your account
  • to communicate with you about products and services you have ordered, your inquiries and requests, customer service issues and product recalls
  • to notify you about promotions and offers and updates to our website
  • to administer surveys, contests, and promotions that you participate in
  • to recommend or to offer you other products and services based on your inferred interests
  • to post your product reviews
  • to protect the security or integrity of our Websites and our business
  • to analyze our business operations and Website performance

Personalized Offers, Web Analytics and Cookies 

We use third-party services to help provide our services, including to host our Websites and to help us understand how our services are used. These third-party service providers may use cookies and other technologies to collect information about your use of our services and Websites, including your IP address, device ID, pages viewed, and links clicked. Our service providers include Google Analytics and Facebook Pixels, which you can opt out of. 

We automatically collect information when you visit our website in order to customize your experience. For example, we collect information about what site referred you to our website, your browser type, operating system type and version, language, and your IP address. We also collect information about how you browse through our website, including logging the pages you visit and the amount of time you spend on certain pages. We use this information for a number of technical purposes to ensure that our pages load correctly in your browser, as well as to personalize our offers to you. We also use this information to improve our Website and services.

We use cookies to store visitor preferences, record session information such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, alert visitors to new areas that we think might be of interest to them when they return to our Website, record past activity in order to provide better service when visitors return to our Website, and or customize page content based on visitors' browser type or other information that the visitor sends. Information stored in cookies may be shared with trusted third parties.

Your Ad Choices: Interest-Based Advertising

We have implemented and use display advertising to allow for Google Analytics Remarketing and Demographics & Interest Reporting. Third-party vendors, including Google, show our ads on sites across the Internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on users’ past visits to our Website. Information on age, gender, demographic, location, and interests from DoubleClick third-party cookies is used in order to obtain a better understanding of our visitors and target audience.

Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google Ads Settings. Visitors can also use the Google Analytics opt-out browser plug-in to prevent their data from being collected and used by Google Analytics.

Regarding Children and Minors

Our Website and the products and services offered on our website are not directed to children under the age of 18 years. We will not knowingly collect personal information about a child under the age of 18.

Do We Disclose Your Personal Information to Others?

We may share your personal information with our service providers that help us with our business operations. For example, we will share information about your home address with companies that provide our basket home delivery service. We share information with service providers who provide us with products, and marketing and promotional services. We require our service providers to keep your personal information secure. In addition, our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf unless we or they have obtained your consent.

We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our business or as part of a corporate reorganization or stock sale or other change in corporate control.

We may also disclose your personal information if it is necessary for us to collect a debt from you or where it is relevant to a legal investigation and we are legally permitted to do so.

Storage Outside of Canada.

Your personal information may be used or stored by us or our service providers outside of Canada and it will be subject to the laws of the country in which it is used or stored.

How Do You Access and Modify Your Personal Information or Make a Complaint?

Your account settings allow you to change your communication preferences with respect to e-mail newsletters and notifications of special offers and products.

You may modify your personal information stored with your account by logging into your account and making the changes. You can modify or delete a product review once it has been submitted by contacting us with your request.

You may also close your account if you want to withdraw your consent from our further use of your information. We may, however, retain your personal information and information about your previous transactions to provide you with future services, for audit purposes, to ensure the integrity of our data, and to fulfill legal requirements.

How Do We Protect Your Personal Information?

We take administrative, technical and physical measures to safeguard your personal information against unauthorized access, unauthorized disclosure, theft and misuse. This includes limiting access of employees to, and the use of, your personal information through the use of passwords and graduated levels of clearance. We take physical precautions to ensure that the computer servers on which your personal information is stored and archived are secure and that access to such servers is protected. We educate our employees with respect to their obligations to protect your personal information and we require our affiliates and any third-party service providers to take comparable steps to ensure the protection of any of your personal information that is shared with them.

Although we take precautions against possible breaches of our security systems, we cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. Accordingly, you should not transmit personal information to us using our Website if you consider that information to be sensitive.

Links to Third-Party Websites and Social Network Plug-Ins

You may be able to access third-party websites, including social networks such as Facebook and Instagram, through links available on our websites. Your use of such third-party websites will be governed by the privacy policies of those websites and not by this Privacy Notice.

If you create links between our Website and social networking sites, we may be able to publish updates about our products and services to your social network account through the links that you establish. If you are logged into a social networking site when visiting our Website, your visit to our Website may be personalized based on your social networking profile.

You may change the way social networking sites and our Websites interact by modifying your privacy settings in your social networking account. You can also log-out of your social networking account before visiting our website. For more information, please refer to your social networking site's privacy policy, which governs your use of these social plug-in features.

Changes to Our Privacy Practices

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information collection and use practices change we will post the changes to our Website to notify you.

 

General Website Terms

Your Account

By creating an account you agree to provide true, accurate, current and complete information about yourself. You are also responsible for protecting your account password and for any and all statements made, and acts or omissions that occur through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Lufa Farms immediately.

Links

This site may contain links to other Web sites operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of other sites, or the products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites.

Copyright and Trademarks

You may not use our trademarks (including the Lufa Farms logo) or copyrights (including all contents of this site), or represent yourself as an affiliate of Lufa Farms, without prior authorization.

Commenting Policy

We encourage you to share your thoughts on our website, on our Facebook pages and through other online community spaces. We welcome your contribution but expect it to be generally courteous. To that end, we reserve the right to remove content that:

  • contains obscene, indecent, or profane language
  • contains threats or defamatory statements
  • contains hate speech
  • promotes or endorses services or products. (Note that non-commercial links that are relevant to the topic or another comment are acceptable.)

Do not submit copyrighted or other proprietary material in any form unless you clearly indicate that you have permission to do so.  By posting your comments or other content, you grant Lufa Farms irrevocable permission to copy, distribute, make derivatives or display that content free-of-charge.

If you are a journalist, please send questions to pr@lufa.com rather than by submitting them as comments.

We reserve the right to amend these policies at any time and we will notify users of significant changes to our policies by posting a notice on our website or contacting you. You are responsible for reviewing the amendments and continued use of the services or access of this website after the amendments have been posted constitutes your acceptance of the amended policies.