BambooPlants.ca Terms & Conditions
By accessing our website, you agree to the BambooPlants.ca terms & conditions set out here. These terms and conditions may change at our discretion any time, and without notice. Use of and orders placed on this website are governed by the laws and the courts of the province of Ontario, and by the applicable laws of Canada. The user is also responsible for complying with these laws. These terms describe the basis for purchase by you and sale by us of the products described on this web site.
Acceptance of Website Terms
For the purposes of these Terms and Conditions, “BambooPlants”, “we”, “us” or “our” means BambooPlants.ca; and “purchaser”, “user”, “you” or “your” mean all those who use the BambooPlants.ca web site; “website” means the e-commerce website, currently accessible via the address www.BambooPlants.ca; and “plants” or “products” means the range of plants and garden products that are available for purchase from our website in accordance with the terms.
Information on this Website
We may correct errors or inaccuracies and change or update information on this website at any time without notice, including prices and item availability. All sizes and weights quoted are approximate. We aim to give you a clear idea of the nature of the plants we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions and other information as to particular plants are approximate and for guidance only.
The material on this website is covered by the provisions of the Copyright Act, by Canadian laws, policies, regulations, and international agreements. The information and images on this website were complied by BambooPlants.ca, are copyrighted by BambooPlants.ca for the purpose of providing sales and product information to the public; and therefore, are not available for commercial use, linking, or sharing by other entities.
Basis of the Sale
All orders and purchases made through this site are governed by the terms and conditions set out here. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the products described on this web site.
The availability, price and colour of plants we sell may vary according to seasonal and market availability. We will endeavour to confirm these details when we confirm your order for the plants or prior to delivery. If there have been any material variations, you will have the option of cancelling your order. The one exception is Combo Packages. At times it may be necessary to substitute one or more items in a combo package. This will be done at our discretion and we will make every attempt to provide you with a plant of comparable hardiness, style or colour.
You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion. Orders are normally accepted if the products are available, the order reflects current pricing, you are based in the Delivery Area and your credit or PayPal account is authorized for the transaction.
A note about shipping: we ship from mid-April until the end of October. Order anytime – until spring shipping begins, we’ll take care of your plants for you. (Check our home page in April to find out when spring shipping begins.)
All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars, unless otherwise notified. All prices listed on this site are subject to confirmation.
We will charge your PayPal or credit card account for payment upon receipt of order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the right payment details. If it is not possible to obtain full payment for the products from your account on delivery of the products to you, we can cancel the order or suspend any further deliveries to you. This does not affect any other rights we may have.
We will use commercially reasonable efforts to deliver items within any time indicated. It is important that the delivery address on your order is accurate. We are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.
Risk and Ownership
Risk of damage to or loss of the products passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the products once they have been successfully delivered and when we have received cleared payment in full. Products supplied are not for resale.
You may cancel your order within 24 hours of placing it, subject to an administrative fee of $10.00. You may cancel your order within 48 hours, subject to a restocking fee of $20.00 or 15% of your order, whichever is greater. Please contact us at email@example.com to cancel your order.
Before you contact us, please read our terms and conditions regarding returns. The five “Return Exceptions” listed here are adhered to without exception.
- Plant varieties: All varieties of Actinidia, Bamboo, Clematis, Ribes, Roses, Sambucus, Syringa, and Wisteria will not be considered for return.
- Change of Mind: Please research the plants you plan to order, before ordering. It’s important to know if something will work in your garden. We do not accept returns based on hindsight.
- Expectations about plant size: We are a propagation nursery, and sell “Econoplants” and “Turboplants”, in 3” and 5” pots, respectively. When you think about the plants that would fit in pots this size, you’ll realize that they are young plants. The photographs on product pages are of established plants, so that you can make an informed choice about how each product will work in your garden. It takes a few years for plants to grow to maturity. On every product page, there is a link in bright pink, right above the pot size choice dropdown: Want to know what each pot size looks like?, which links directly to our pot size page. This gives you a very good idea of the size of plants you will receive.
- Minor quality defects: Defects such as broken stems, some leaf spot, and minor leaf damage due to insects are not conditions for return. We always select the best plants for everyone, but some in-transit or nursery quality defects do occur. Please, check your plants when they arrive. Keep them out of the sun and wind to allow them to adjust to your climate conditions for a few days (in fact, you can leave them in their shipping box – just close it, again). When you plant them, water them well, avoid watering the leaves, and give them some love. Any minor defects will turn around quickly.
- Carrier issue: We only use Canada Post. We’re sorry, but it isn’t possible for us to use other carriers at this time. If Canada Post just doesn’t work for you, please cancel your order within 24 hours of placing it (subject to $10.00 administrative fee) to avoid a restocking fee.
WE MUST RECEIVE RETURN REQUESTS WITHIN 7 DAYS OF YOU RECEIVING YOUR ORDER. All refund or exchange requests must be accompanied with proof of original date of purchase. The Purchaser may be asked to provide electronic photos of the product, or to return the product. Requests will be evaluated individually. If the Purchaser is unable to provide photos of the product, Bambooplants.ca will need to inspect the plant before authorizing an exchange or refund. The Purchaser must obtain authorization before shipping the product to us. Please email us to request at firstname.lastname@example.org. The Purchaser will be responsible for the cost of returning any products, and for obtaining a parcel tracking number. The Purchaser will forward the tracking number to us at the time of shipping. Please retain the shipping receipt until Bambooplants.ca has received the product(s).
We aim to provide high quality plants and products to our customers. We will not offer an exchange or refund for products that have cosmetic damage, or have been damaged due to: Acts of God, accident, misuse, abuse, negligence or modification, or improper maintenance or care on the part of the Purchaser.
Plants are warrantied for a period of seven (7) days after they have been received by the purchaser. If the plant should die of natural causes up to seven days after they have been delivered, we will replace it free of charge (although we will have to charge for delivery). We further undertake that they will be in good condition at the time of delivery and will be of the type ordered, or if that type is not available we will let you know by email and, if possible, suggest a suitable alternative that is available. If you do not want the alternative suggested, you will be entitled to order another plant or cancel your order.
Accordingly, we warrant that where the products are manufactured and not already covered by a manufacturer’s guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery.
Limits of Warranty
In no event shall the liability of BambooPlants.ca exceed the price paid for products from direct, indirect, special, incidental, or consequential damages resulting from the use of the product.