TERMS & CONDITIONS
LifeSpace Gardens 2018
Please read these Terms & Conditions carefully, as they set out our and your legal rights and obligations. The following covers delivery, shipping, and return.
1. Terms for Delivery
- The applicable term for delivery follows from the confirmation of order in writing from Lifespace Gardens.
- The term for delivery begins as soon as the Contract is concluded and the essential technical points have been settled.
- The term for delivery shall be reasonably extended if obstacles arise which Lifespace Gardens cannot avert despite the use of proper care, e.g., in cases of force majeure, in case of late or incorrect supply of the necessary raw materials, semi-finished or finished products, important work pieces becoming defective, accidents, strikes, operational disturbances, or official measures. The term for delivery shall also be extended if the data needed by Lifespace Gardens for fulfilling the Contract do not reach it in time or if the Buyer subsequently modifies them. Lifespace Gardens shall also have the right to withhold the service if the Buyer delays the fulfillment of its contractual obligations, e.g., in the case of agreed payment in advance.
- In the absence of any other express agreement, the Buyer has no rights and claims vis-à-vis Lifespace Gardens owing to delayed deliveries or services except in the case of unlawful intention or gross negligence on the part of Lifespace Gardens.
2. Terms for Free Shipping
- Free shipping within Canada is limited to standard lowest cost shipping through either Canada Post (national) or Eeko Courier (local Vancouver shipping).
- Client accepts shipping and delivery terms set out by each shipping provider.
- The Client is responsible for any fees or costs associated with shipping or delivery of product other than basic, standard, or regular delivery.
3. Transfer of Benefit and Risk, Insurance
- Benefit and risk are transferred to the Buyer upon departure of the deliveries ex factory at the latest.
- Transportation takes place in principle at the risk of the Buyer. However, Lifespace Gardens takes out transportation insurance at the Buyer's expense. Particular wishes with regard to transportation and insurance are to be communicated to Lifespace Gardens in due time. Complaints and any possible damages in connection with the shipment or transportation are to be sent by the Buyer to the last carrier and to Lifespace Gardens immediately upon receipt of the deliveries or the shipping documents, but within five days at the latest.
- If the carrier leaves the package in their facility causing any delay in the delivery, Lifespace Gardens will not responsible; therefore, shipping charges will not be refunded.
4. Examination and Acceptance of Product, Deliveries and Services
- The Buyer must examine the deliveries from receipt thereof and inform Lifespace Gardens in writing without delay of any deficiencies. If it fails to do so, the deliveries and services are considered to be approved.
- Lifespace Gardens must correct the reported deficiencies as quickly as possible, and the Buyer must give it an opportunity to do so.
- All maintenance and upkeep of gardens and other products becomes the responsibility of the client once the deliveries and services are complete.
- LifeSpace Gardens is committed to providing the best possible garden product and service for our customers however LifeSpace Gardens cannot accept any responsibility for horticultural defects or the survival and health of plants, shrubs, and trees once deliveries, services, and the contact has been completed.
5. Return of Goods
- Ordered and correctly delivered goods are taken back only after express previous agreement and with a price reduction insofar as the goods are unused and in mint condition. A 50% restocking fee will be applied to return items.
- Returns are not accepted on custom units.
- The expense of returns is always borne by the Buyer.