Terms and Conditions

These terms and conditions (the "Terms and Conditions") govern the use of www.gonegardening.ca (the "Site"). This Site is owned and operated by Gone Gardening with Leah. This Site is an ecommerce website.

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 Gone Gardening with Leah 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.

Accounts

When you create and account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

- Plants.

These Terms and Conditions apply to all the goods 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 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 we provide. You agree to purchase goods 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 equal to the amount you paid.  You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site:

- Credit Card; and

- PayPal.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use.  By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered through one of the following methods:

 - Canada Post.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient.  We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

Refunds for Goods

Refund requests must be made within 3 days after receipt of your goods, no exceptions. People are taking cuttings off their tubers and then claiming that they are blind, so we are not longer accepting requests for refunds after 3 days. Pictures are required for all refunds, including a picture of the paper in your package. I write notes on the receipt, indicating if there has been a change. We also reserve the right to ask for products to be returned, in original condition, before a refund is processed. Please be aware that, going forth, every single order will be photographed and added to a customer's file on Shopify, so we can easily see if mistakes were made or if a tuber is blind.

Once an order has been made, there are no refunds. If for some reason, I allow a refund outside of the below reasons, refunds with be subject to a 20% processing charge. The banks charge me for taking your order and for refunding your order, I think it's only fair that people who request refunds should bear the cost of changing their minds.

We accept refund requests for goods sold on our Site for any of the following reasons:

1. Documented leafy or crown gall within one season on farm grown varieties. Pictures must be provided.
2. Wrong farm grown variety provided. 

International European orders: with the new "14 day cooling off period" law for European Union customers, all tubers must returned in original condition to our warehouse in Canada, with appropriate phytosanitary certification. Only after receiving product in original condition, will a refund be issued, minus restocking fees.

Consumer Protection Law

Where the 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.

Limitation of Liability

Gone Gardening with Leah 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 Gone Gardening with Leah 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 Ontario

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 o f those 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 detail are as follows:

-

Leahhill8@hotmail.com