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GENERAL TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.livingstoneoutdoor.com (the "Site"). This Site is owned and operated by Livingstone Outdoor. 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.
All content published and made available on our Site is the property of Livingstone Outdoor 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.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Users may post the following information on our Site:
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
When you create an account on our Site, you agree to the following:
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 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:
The following services are available on our Site:
The services will be paid for in full upon the completion of the service.
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 equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
We accept the following payment methods on our Site:
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:
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen 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.
There are no refunds on special ordered products.
During our year-end clearance event all items are final sale. No exchanges or returns are to be accepted .
No refunds or returns on bulk goods.
I agree the items purchased today were received in good condition. No refunds for damages that were not noted at the time of purchase.
Trees, Shrubs and Evergreens come with a 1 year purchase price warranty. If your tree has not survived the winter, we ask that you wait until June 8th, 2022 to redeem your warranty.
The receipt value can be used as a Credit for replacement material or other merchandise.
All Tree Warranties MUST be accompanied by the plant and the receipt- NO EXCEPTIONS.
Livingstone Outdoor does not warranty against animal, whipper snipper damage or acts of nature including hail, heavy rains, winds, frost and so on plants that were not properly planted in the ground prior to freezing are not covered by our warranty. We will not replace over or under watered plants.
Full Refund for 14 days from purchase on regular priced items with tags attached and in original condition. Any item purchased on sale are only eligible for store credit. Returns are not accepted on the following items: live items (exception listed above), next to skin items, or any item with a strong odor or animal hair. Items with a strong odor or animal hair are not eligible for exchange/credit.
Refunds for Services
We provide refunds for services sold on our Site as follows:
Returns can be made in person at the following location(s): At our Local store 1610 Byng Ave, Brandon, Manitoba, R7A 7J7.
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
Livingstone Outdoor 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.
Except where prohibited by law, by using this Site you indemnify and hold harmless Livingstone Outdoor 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.
These Terms and Conditions are governed by the laws of the Province of Manitoba.
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.
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.
Please contact us if you have any questions or concerns. Our contact details are as follows:
1610 Byng Ave, Brandon, Manitoba, R7A 7J7
You can also contact us through the feedback form available on our Site.
Effective Date: 1st day of January, 2021
Revised: January 28, 2022