TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of www.nanaimowatergardens.com (the “Site”). This Site is owned and operated by Nanaimo Wartergardens & Landscaping. This Site is for landscaping, especially focused on watergardens, ponds, waterfalls and fountainscapes. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property All content published and made available on our Site is the property of Nanaimo Watergardens and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Sale of Goods And Services These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are available on our Site:

  • Pond and watergardening supplies

The following services are available on our Site:

  • Landscaping, installations
  • Maintenance of watergardens

The services will be paid for in full in specified payments.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund pursuant to the terms and conditions or our purchase contract. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Consumer Protection Law Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability Nanaimo Watergardens and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity Except where prohibited by law, by using this Site you indemnify and hold harmless Nanaimo Watergardens and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law These Terms and Conditions are governed by the laws of the Province of British Columbia.

Severability If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details Please contact us if you have any questions or concerns. Our contact details are as follows: [email protected]

You can also contact us through the feedback form available on our Site.

Effective Date: 11th Day August 2023