These Terms of Sale (“Terms”) govern the purchase of produce and other products (“Products”) from Ontario Veggies Inc., operating as Ontario Veggies (“we”, “us”, or “our”), with farms in Niagara-on-the-Lake and Hamilton, Ontario, Canada.
By placing an order — whether in person at farm gate, at a farmers’ market, through a wholesale agreement, or via an online pre-order — you (“Buyer”) agree to these Terms. These Terms supplement (and do not replace) our Terms of Use and should be read alongside our Refund & Return Policy, Shipping & Delivery Policy, and Cancellation Policy.
1. Our Products
Ontario Veggies grows and sells fresh vegetables, herbs, Music garlic, and related agricultural products from our greenhouse in Niagara-on-the-Lake and our open field in Hamilton, Ontario. All Products are perishable. Product offerings, availability, and varieties may change season to season or week to week without advance notice.
Descriptions on the Site or in communications are made in good faith but are approximate. Natural variation in size, colour, and weight is inherent to fresh produce.
2. How Orders Are Placed
Orders and pre-orders may be placed through one or more of the following channels:
- Farm gate / market — in-person purchase at our Hamilton location or an approved farmers’ market.
- Wholesale agreement — under a separate written wholesale supply agreement.
- Online pre-order — a form on ontarioveggies.com. Online pre-orders require you to provide accurate contact and delivery/pickup information.
3. Order Acceptance and Contract Formation
Submitting an order constitutes an offer to purchase. A binding contract of sale is only formed when we accept your order, which occurs:
- For farm-gate and market sales: at the point of payment.
- For online pre-orders: when we send you a written confirmation (email or message) stating that your order has been accepted and confirmed.
We reserve the right to decline any order, including if a Product is no longer available, if we are unable to confirm payment, or if we reasonably suspect fraudulent activity. If we decline an order, any payment collected will be refunded in full.
4. Pricing and HST
All prices are stated in Canadian dollars (CAD). Prices may be subject to change without notice.
Fresh vegetables and agricultural produce are generally zero-rated for Goods and Services Tax / Harmonised Sales Tax (GST/HST) purposes under the Excise Tax Act (Canada). Where HST applies to a specific Product or service (e.g., a processed or prepared food item, or a delivery charge), it will be clearly identified at checkout or on your invoice. Applicable taxes (including HST) are charged where required by law.
5. Availability of Perishable Goods
Because our Products are fresh and perishable, availability is subject to growing conditions, weather, and harvest outcomes. We will make reasonable efforts to fulfill confirmed orders as described, but we cannot guarantee availability of specific items.
If a confirmed item becomes unavailable before your pickup or delivery date:
- We will notify you as soon as reasonably practicable.
- We may offer a substitute of equal or greater value, or a credit or refund at your election.
Please refer to our Refund & Return Policy and our Cancellation Policy for further detail.
6. Payment
Accepted payment methods: cash, Interac e-Transfer, and credit or debit card via Square.
For online or card-based payments, we use Square to process transactions. Ontario Veggies does not collect, store, or have access to your full card number, CVV, or bank-account credentials. That information is handled solely by the payment processor, whose own terms and privacy policy apply. We encourage you to review the processor’s policies.
Payment is due at the time of ordering unless otherwise agreed in writing (e.g., under a wholesale credit arrangement).
7. Pickup and Delivery
Details of available pickup locations, market dates, and any delivery options — including any associated fees or minimum order amounts — are set out in our Shipping & Delivery Policy. Pickup and delivery terms may vary by season.
Perishable risk at pickup: Fresh produce should be transported promptly and kept at appropriate temperatures. Ontario Veggies is not responsible for quality loss resulting from delay or improper handling after the Product leaves our care.
8. Passing of Title and Risk of Loss
Title to and risk of loss of the Products passes to you at the moment of:
- Farm-gate / market sale: when you take physical possession.
- Delivery: when the Products are delivered to the address you specified and left in your care or that of a person at the address.
- Pickup order: when you (or your designate) collect the Products from the designated pickup point.
Once risk has passed, Ontario Veggies is not liable for loss, damage, spoilage, or deterioration of the Products.
9. Consumer Protection
We operate in compliance with the Ontario Consumer Protection Act, 2002 (“CPA”). Where the CPA applies to a transaction, your rights under the CPA are not diminished by these Terms. In particular:
- Online agreements (internet agreements under the CPA) may carry specific disclosure and cancellation rights. Your statutory rights under the Ontario Consumer Protection Act, 2002 apply to any prepaid purchase.
- We will not seek to contract out of any consumer-protection right that cannot be waived under Ontario law.
10. Refunds, Returns, and Cancellations
Fresh produce is perishable. Our policies on refunds, returns, and cancellations are described in full in our Refund & Return Policy and Cancellation Policy. Key principles:
- If a Product you receive is materially defective or was damaged before risk passed to you, contact us promptly (within 24–48 hours of receipt) with a description and, where possible, a photo.
- We do not accept returns of perishable produce that was handled or stored improperly after risk passed.
11. Limitation of Liability for Sales
To the extent permitted by applicable law (including the CPA), our liability for any claim arising from a sale of Products is limited to the price paid for the affected Products. We are not liable for indirect, consequential, or punitive damages arising from the purchase or use of our Products, except where such exclusion is prohibited by law.
Nothing in these Terms limits our liability for personal injury caused by our negligence, or for any liability that cannot be waived under Ontario or Canadian law.
12. Governing Law
These Terms of Sale are governed by the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute relating to a sale will be subject to the exclusive jurisdiction of the courts of Ontario, subject to any mandatory consumer-protection provisions to the contrary.
13. Contact
For order enquiries, questions about a purchase, or to exercise any rights under these Terms, please contact us:
Ontario Veggies 6 Footbridge Cres, Brampton, ON L6R 0K5 Email: office@ontarioveggies.com Legal/privacy inquiries: privacy@ontarioveggies.com