Terms and Conditions for Garden Center in Ontario (2025)

Last Updated: March 2025

These Terms and Conditions (“Terms”) govern your use of Kell’s Garden City (“we,” “our,” or “us”) in Ontario, Canada. By accessing or using our services, including our website and physical store, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

1. General Information

• Business Name: Kell’s Garden City 
• Location: 1451 10th Line Innisfil, Ontario, Canada
• Contact Information: [email protected]

2. Use of Our Services

• Eligibility: To use our services, you must be at least 18 years old or have the consent of a parent or guardian. By using our services, you represent and warrant that you are 18 or older or have the necessary consent to do so.
• Account Creation: You may be required to create an account to place orders or access certain features on our website. You agree to provide accurate and complete information and maintain the confidentiality of your account credentials.
• Website Use: You agree to use our website and services only for lawful purposes. You are prohibited from using the site in a way that could harm, disable, or interfere with others’ use of the site or violate any applicable laws in Ontario or Canada.

3. Products and Availability

• Product Information: We strive to provide accurate descriptions, images, and pricing for all products. However, errors in product descriptions, images, or pricing may occur. We reserve the right to correct these errors at any time, even after an order has been placed.
• Pricing: All prices are listed in Canadian Dollars (CAD) and are subject to change without notice. Taxes, shipping fees, and other charges will be added at checkout.
• Product Availability: All products are subject to availability. We will notify you if a product is out of stock or unavailable. If a product becomes unavailable after your order is placed, we will inform you and provide a suitable resolution (e.g., a refund or substitution).

4. Orders and Payments

• Order Acceptance: When you place an order with us, you will receive an order confirmation email. This does not indicate our acceptance of your order. We reserve the right to refuse or cancel any order for various reasons, such as pricing errors, unavailability of products, or payment issues.
• Payment Methods: We accept various payment methods, including credit cards, debit cards, and online payment systems. All transactions are securely processed by trusted third-party payment processors.
• Order Cancellations: Orders can only be canceled before they are shipped. Once your order has been processed and shipped, it cannot be canceled. If you wish to cancel an order, please contact us immediately.

5. Shipping and Delivery

• Shipping Methods: We offer a variety of shipping methods for delivery within Ontario and across Canada. Shipping fees will be calculated at checkout based on your delivery address and the selected shipping method.
• Delivery Time: Delivery times will vary depending on the shipping method and the destination. While we aim to fulfill orders as quickly as possible, delivery times are estimates and may be subject to delays due to factors beyond our control (e.g., weather conditions, shipping carrier delays).
• Responsibility for Shipping: Once your order is shipped, you are responsible for ensuring that the delivery address is correct. We are not liable for orders that are undelivered due to incorrect or incomplete address information provided by you.

6. Returns and Refunds

• Refund Policy: We offer refunds or exchanges for products that are defective or damaged upon arrival. To request a refund or exchange, please contact us within 3 days of receiving your order.
• Non-refundable Items: Certain products, including perishable goods (e.g., plants, soil), are non-refundable and non-exchangeable. Please review the product descriptions before making a purchase.
• Return Process: To initiate a return, please contact us for return instructions. Returned items must be in their original condition and packaging. The customer is responsible for return shipping costs, except in cases of damaged or defective products.
• Refund Method: Refunds will be processed using the same payment method used for the original purchase. Refunds may take up to 5 business days to process.

7. Privacy and Data Protection

• Privacy Policy: By using our services, you agree to the terms of our [Privacy Policy]. We take the privacy and security of your personal information seriously and are committed to protecting it in accordance with applicable laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).
• Personal Information: We collect and use your personal information to process orders, provide customer support, and improve our services. We will not share your personal information with third parties for marketing purposes without your consent.

8. Intellectual Property

• Copyright and Trademarks: All content on our website, including text, images, graphics, logos, and product descriptions, is the property of Kell’s Garden City and is protected by Canadian copyright and trademark laws. You may not use, reproduce, or distribute any of this content without prior written consent from us.
• User-Generated Content: If you submit content (e.g., product reviews, photos, comments) to our website, you grant us a non-exclusive, royalty-free license to use, modify, and distribute that content in connection with our business.

9. Limitation of Liability

• No Warranty: Our services and products are provided “as is” without any warranties, either express or implied, including but not limited to fitness for a particular purpose, quality, or merchantability.
• Limitation of Liability: To the fullest extent permitted by law, Kell’s Garden City is not liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use our website, products, or services, including but not limited to loss of profits, data, or property damage.

10. Indemnification

You agree to indemnify and hold harmless Kell’s Garden City, its affiliates, employees, agents, and third-party service providers from any claims, losses, damages, or expenses (including legal fees) arising from your violation of these Terms, your use of our services, or your breach of any applicable laws or regulations.

11. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, and applicable federal laws of Canada.
• Dispute Resolution: Any disputes or claims arising from these Terms shall be resolved through binding arbitration in Ontario, Canada, in accordance with the rules of the Arbitration Act, 1991 (Ontario).

12. Changes to Terms and Conditions

We reserve the right to update or modify these Terms at any time. When we make changes, we will post the updated version on our website with an updated “Last Updated” date. By continuing to use our services after these changes, you agree to be bound by the revised Terms.

13. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us:

Kell’s Garden City
Email: [email protected]
Phone: 705-436-4557
Address: 1451 10th Line Innisfil, Ontario, Canada

By using our website and services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.