Terms of service

Last updated: October 14, 2026

Welcome to Maison Auclair. These terms govern the use of the maisonauclair.ca website and the purchase of our products. They supplement our Delivery, Return and Warranty Terms and our Privacy Policy, which form an integral part of them.

Nothing in these terms limits the rights you have under the laws applicable in Quebec, including the Consumer Protection Act and the Civil Code of Québec. In case of conflict, the law prevails.

 

1. Who we are

The maisonauclair.ca website is operated by 2321-2392 Québec inc., doing business as Maison Auclair (“Maison Auclair”, “we”).

• Address: 1386, chemin Ozias-Leduc, Mont-Saint-Hilaire, Quebec J3G 1T9
• Email: bonjour@maisonauclair.ca
• Hours for handling messages: Monday to Friday, 8 a.m. to 4 p.m.

Our store is hosted by Shopify. Payments are processed by secure payment service providers; Maison Auclair does not keep the full numbers of your payment cards.

 

2. Acceptance of the terms

By browsing the site, creating an account or placing an order, you accept these terms. Before confirming your order, you can review these terms, check the details of your purchase (products, quantities, prices, delivery fees, taxes and total) and correct any errors, if applicable.

The terms that apply to an order are those in effect at the time you place it.

 

3. Our products are alive

Our trees, shrubs, conifers and perennials are living plants. Their appearance changes with the season and from one plant to another:

• The photos on the site are representative of the variety. The plant delivered may differ in size, shape, branching, foliage or flowering, depending on the season and stage of growth. In spring and fall, a plant may be delivered without leaves or flowers: this is normal.
• The size indicated (for example the container, the height or the wire basket) describes the product sold. Dimensions at maturity, hardiness zone, exposure, flowering and other horticultural information are provided as a guide: they vary with the climate, soil, location and care.
• Each plant comes with care advice. Following it, along with choosing a suitable location, directly affects how well the plant establishes.

 

4. Prices, taxes and errors

• Prices are shown in Canadian dollars. Applicable taxes (GST and QST) and delivery fees are calculated and shown at checkout, before the order is confirmed.
• The price you are charged is the one shown at the time of your order. A later price change does not apply to an order that has already been confirmed.
• If an obvious error affects a price or a product description, we will contact you before the order is prepared. You can then keep the order on the terms shown or cancel it and receive a full refund, in accordance with the law.
• Promotions, discounts and codes cannot be combined unless otherwise stated, and apply under the conditions indicated at the time of the offer.

 

5. Orders and formation of the contract

• The contract is formed when you confirm your order at checkout and the payment is authorized. A confirmation email with the details of your order is then sent to you; we recommend that you keep it.
• We only deliver within our delivery area (see section 7). An order cannot be completed for an address outside that area.
• We may refuse or cancel an order, with a full refund, in particular in the event of suspected fraud, a declined payment, an address outside our delivery area, or quantities that clearly exceed personal use without prior agreement.
• If an ordered plant becomes unavailable before delivery (loss, disease, frost, out of stock), we will notify you. You may accept a replacement product of equivalent value that we offer you, or be refunded for that item.

 

6. Changing or cancelling an order

• To change or cancel an order, write to us as soon as possible at bonjour@maisonauclair.ca, giving your order number.
• As long as your order has not been prepared, we will change or cancel it at no charge, and the amount paid will be refunded to your original payment method.
• Once the order has been prepared or delivered, our Delivery, Return and Warranty Terms apply.
• You retain at all times the cancellation rights provided by the Consumer Protection Act for distance contracts, in particular if a good is not delivered within 30 days of the delivery date set out in the contract. Where applicable, the refund will be made within the time limits set by law.

 

7. Delivery

• We deliver with our own fleet of trucks, from our nursery in Mont-Saint-Hilaire, within a 120 km radius. On-site pickup is not offered at this time.
• Delivery fees, the minimum order amount for each zone and the free delivery thresholds are shown at checkout and in our FAQ.
• Orders are delivered according to our delivery schedule by area. How delivery works, drop-off with a photo, site accessibility, claims and returns are described in our Delivery, Return and Warranty Terms.
• The risk of loss of or damage to the products passes to you at the time of delivery, subject to the warranty covering transport damage and the rights provided by law.

 

8. Pre-orders and future availability

• Cold season. Orders placed from November 1^st to April 30 are pre-orders, except for Christmas trees and wreaths, which are delivered during the holiday season. Pre-orders will be delivered as soon as the weather turns mild again for the plants. We will write to you as soon as your order is ready, normally from May onward, to arrange delivery.
• Availability shown on the product. Some products carry a future availability notice (for example “Available spring 2027”). They are delivered from the period indicated.
• Wire basket. Plants delivered in a wire basket require special handling: their delivery date will be agreed with you by email.
• Payment for a pre-order is collected at the time of ordering. Until we notify you that it is ready to ship, a pre-order can be cancelled at no charge, in accordance with section 6.

 

9. Christmas trees and seasonal products

Christmas trees, wreaths and other seasonal products are delivered during their season. They are cut or short-lived products: they are sold without a guarantee of establishment, as set out in our Delivery, Return and Warranty Terms. The warranty covering transport damage and the legal warranty continue to apply.

 

10. Wellness garden

Plants in the Wellness Garden collection are sold as garden plants. The information, recipes and preparations presented on their product pages are provided for informational and traditional purposes only: they do not constitute medical advice, a diagnosis or a treatment, and do not replace the advice of a health professional.

• Before consuming a plant or applying it to the skin, make sure you have identified it with certainty and consult a health professional, especially if you are pregnant or breastfeeding, have an allergy or an illness, or are taking medication.
• Follow the notice shown on each product page. Never consume a plant that has been treated with a product not intended for food use.
• Keep plants out of the reach of children and animals; some ornamental plants are toxic if ingested.

 

11. Loyalty program

• The loyalty program automatically grants a discount at checkout to customers logged in to their account, according to the tiers shown on our site. The tier is based on the total of your purchases and the amount of your current cart.
• The discount applies to the current order, has no cash value, cannot be exchanged for cash or transferred, and cannot be combined with other promotions unless otherwise stated.
• We may change or end the program going forward by posting a notice on the site. A change will never affect a discount already granted on a confirmed order.

 

12. Customer account

• You are responsible for the accuracy of your account information and for keeping access to your email address, which is used to log in, confidential.
• Notify us without delay of any unauthorized use of your account. We may suspend an account used fraudulently or contrary to these terms.

 

13. Professionals and bulk purchases

Landscapers, contractors and bulk buyers can write to us for tailored pricing. A separate written agreement may then set out specific terms (price, delivery, payment), which take precedence over these terms for that agreement. The provisions of the Consumer Protection Act apply only to purchases made as a consumer.

 

14. Use of the site

You agree to use the site lawfully and respectfully. In particular, it is prohibited:

• to attempt to gain unauthorized access to the site, to other customers' accounts or to our systems;
• to extract or copy the site's content by automated means (bots, scraping) for commercial purposes without our written permission;
• to transmit content that is illegal, misleading, hateful, defamatory or that infringes the rights of others;
• to disrupt the operation of the site or to place fraudulent orders.

 

15. Your messages, suggestions and reviews

When you send us a message, a plant suggestion, a review or a photo, you confirm that this content is accurate and that you have the right to share it. You allow us to use it free of charge to respond to your request and improve our offering and, in the case of a review intended for publication, to publish it on our site and social media, without adding your full name or contact details without your consent. We may refuse or remove content that is contrary to these terms.

 

16. Intellectual property

The content of the site, including the texts, care sheets, wellness sheets, photographs, videos, logos and the Maison Auclair brand, belongs to Maison Auclair or its licensors and is protected by intellectual property laws. You may view and print it for your personal use. Any other reproduction, modification or distribution, in whole or in part, requires our prior written permission.

 

17. Personal information, cookies and external links

• We process your personal information in accordance with our Privacy Policy and applicable laws, including Quebec's Act respecting the protection of personal information in the private sector.
• The site uses cookies and similar technologies, including measurement and advertising tools from partners such as Google, Meta and Pinterest. Where required by law, these tools are only activated with your consent, which you can change at any time from the consent banner.
• The site may contain links to third-party sites, including our social media pages. We are not responsible for the content or practices of those sites.

 

18. Liability

• We strive to offer a site that is accurate and accessible at all times, but we cannot guarantee that it will be free of interruptions or technical errors.
• Our products are covered by the legal warranty of quality provided by law, in addition to our commercial warranties described in our Delivery, Return and Warranty Terms. These commercial warranties are in addition to the legal warranty and never limit it.
• To the extent permitted by law, Maison Auclair is not responsible for losses or damage resulting from a cause beyond its control, including improper use of the products, an unsuitable location or care after delivery, or the use of plants for consumption or care purposes contrary to the warnings provided.
• Nothing in these terms is intended to exclude or limit Maison Auclair's liability where the law prohibits it, in particular with respect to a consumer.

 

19. Force majeure

We are not responsible for a delay or failure to perform caused by an unforeseeable and irresistible event beyond our control, including extreme weather, frost, a natural disaster, a major outage, a shortage or a decision of the authorities. We will notify you as soon as possible. If the delay continues, you may cancel the undelivered part of the order and be refunded for it.

 

20. Changes to the terms

We may update these terms to reflect changes in our services or the law. The new version is posted on this page with its update date and applies only to orders placed after it is posted. An order that has already been confirmed remains governed by the version in effect at the time you placed it.

 

21. Governing law and dispute resolution

• These terms are governed by the laws of Quebec and the applicable laws of Canada.
• If you are dissatisfied, please write to us first at bonjour@maisonauclair.ca: most situations are resolved quickly and amicably.
• Failing agreement, any dispute falls under the jurisdiction of the courts of Quebec. Where applicable, any claim must be brought and heard in the judicial district of Saint-Hyacinthe. You may also contact the Office de la protection du consommateur.

 

22. Language, severability and entire agreement

• These terms are written in French. If a translation is offered, the French version prevails.
• If a provision is found to be invalid or unenforceable, it is deemed removed, and the other provisions remain in effect.
• These terms, our Delivery, Return and Warranty Terms, our Privacy Policy and the details of your order constitute the entire agreement between you and Maison Auclair regarding your purchase.

 

23. Contact us

For any question about these terms: bonjour@maisonauclair.ca, Monday to Friday, 8 a.m. to 4 p.m.
Maison Auclair (2321-2392 Québec inc.), 1386, chemin Ozias-Leduc, Mont-Saint-Hilaire, Quebec J3G 1T9.