Welcome to the website of Swan Lake Nurseryland (Swan Lake Holdings Ltd). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of this website in any manner constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Swan Lake Nurseryland reserves the right to modify or change the Terms and Conditions at any time without prior notice to you.

PROHIBITED OR UNLAWFUL USE

You warrant to SWAN LAKE NURSERYLAND that you will not use this website for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this website in any manner which could cause it to be disabled, damaged, overloaded, impaired or interfere with any other person’s use.

ACCOUNT NAME AND PASSWORD

For certain activities on this website you may be required to have an account name and password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notify SWAN LAKE NURSERYLAND immediately of any unauthorized use of your account. SWAN LAKE NURSERYLAND DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE. If you are, at any time, unsure about the security of your account, please reset your password.

SHIPPING, DELIVERY, STORE PICKUP – TERMS AND CONDITIONS

By use of this website, you are agreeing to be bound by the terms and conditions of our Shipping, Delivery and Customer Pickup Policy.
SWAN LAKE NURSERYLAND reserves the right to modify or change the Terms and Conditions at any time without prior notice to you.

RETURN POLICY – TERMS AND CONDITIONS

By use of this website, you are agreeing to be bound by the terms and conditions of our Return Policy.
SWAN LAKE NURSERYLAND reserves the right to modify or change the Terms and Conditions at any time without prior notice to you.

PRIVACY POLICY – TERMS AND CONDITIONS

By use of this website, you are agreeing to be bound by the terms and conditions of our Privacy Policy, as defined here:
SWAN LAKE NURSERYLAND reserves the right to modify or change the Terms and Conditions at any time without prior notice to you.

PROPERTY RIGHTS

All content of this website, including all information, design, images, photographs, illustrations, icons, graphics, headers, text, data and software (“Content”) and the presentation, arrangement, coordination, enhancement and selection of Content are subject to intellectual property rights, such as trademark and copyright. All such rights are expressly reserved to SWAN LAKE NURSERYLAND.

DISCLAIMER

All Content on this website is provided on an “as is” and “as available” basis. SWAN LAKE NURSERYLAND disclaims, and you hereby waive, any and all warranties and liabilities of SWAN LAKE NURSERYLAND, whether express or implied, arising by operation of law or otherwise, with respect to this website.

LIMITATION AND LIABILITY

In no event shall SWAN LAKE NURSERYLAND, its directors, officers, employees, affiliated, successors or assigns or other representatives be liable, whether in contract, warranty, tort, product liability, strict liability or other theory, to you or any other person for any damages arising out of or in connection with any use of, inability to use, or result of use of this website or any Content on this website. If you are dissatisfied with this website and the Content thereon or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this website.

INDEMNIFICATION

You shall indemnify and save harmless SWAN LAKE NURSERYLAND, its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this website.

ONLINE SHOPPING

In order to purchase through this website, you must be the age of majority in the province or territory of which you are a resident and you must agree to pay for all charges noted on this website as payable by you. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars. SWAN LAKE NURSERYLAND reserves the right to limit the quantities of certain products that you can purchase through the facilities of this website. In addition to any other rights or remedies, SWAN LAKE NURSERYLAND may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this website at any time.

ERRORS, INACCURACIES, OR OMISSIONS

SWAN LAKE NURSERYLAND makes every effort to ensure that the Content of this website is complete and current. However, SWAN LAKE NURSERYLAND does not guarantee that the information contained on this website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. SWAN LAKE NURSERYLAND reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Furthermore, SWAN LAKE NURSERYLAND reserves the right to cancel any orders containing any error, inaccuracy or omission.

PRICES

Prices online may or may not be matched to those advertised on this website. Furthermore, SWAN LAKE NURSERYLAND charges sales tax for products ordered on this website based on the applicable combined federal and provincial sales tax rate of the location to which the order is being shipped.

COLOURS

Please note that although SWAN LAKE NURSERYLAND attempts to display the colours of the product shown on this website as accurately as possibly, we cannot guarantee that the colour you see matches the product colour.

SEVERITY

These Terms and Conditions shall be deemed severable. If any provision of the Terms and Conditions is determined to be unenforceable or invalid, provisions shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

The Terms and Conditions as well as the use of this website, including any purchase made though this website shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein.

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