Terms of service
Terms of Service
Last Updated: September 16, 2026
These Terms of Service ("Terms") govern your access to and use of the Provision Gardens website and your purchase of products or services from Provision Gardens.
By accessing or using this website, creating an account, or placing an order with Provision Gardens, you agree to these Terms and any policies incorporated into these Terms by reference.
If you do not agree with these Terms, please do not use the website or place an order.
Nothing in these Terms is intended to exclude, restrict, waive, or limit any right, condition, warranty, remedy, or protection that cannot lawfully be excluded, restricted, waived, or limited under applicable law.
Eligibility to Place an Order
You must have the legal capacity to enter into a binding agreement in your province or territory of residence to place an order or create a customer account.
Where permitted by law, a person who has not reached the age of majority may use the website with the authorization and supervision of a parent or legal guardian.
Certain products may also be subject to additional age, identification, purchase, pickup, or delivery requirements.
Policies Incorporated Into These Terms
The following Provision Gardens policies, as applicable, form part of these Terms:
Shipping Policy
Return and Refund Policy
Privacy Policy
Provision Rewards terms and conditions
Product-specific terms or restrictions
Promotional terms and conditions
Warranty terms disclosed in connection with a product
These policies should be reviewed before completing a purchase.
Where a policy contains terms specific to a particular transaction, product, promotion, return, warranty, pickup, or shipping arrangement, those specific terms apply together with these Terms.
If any provision of these Terms or another Provision Gardens policy conflicts with a mandatory right provided by applicable law, the applicable law will govern to the extent of the conflict.
Website Use
Intellectual Property Rights
Unless otherwise indicated, the Provision Gardens website and its contents, including text, graphics, photographs, videos, logos, icons, product presentations, website design, software, and other materials, are owned by or licensed to Provision Gardens and are protected by applicable intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the website for lawful personal and non-commercial purposes.
This licence does not transfer ownership of any website content or intellectual property.
Restrictions on Website Use
You may not use the website in a manner that is unlawful, fraudulent, abusive, or harmful to Provision Gardens, our customers, our systems, or any third party.
Without limiting the foregoing, you may not:
Copy, reproduce, republish, sell, sublicense, distribute, or commercially exploit website content without authorization;
Use automated systems, bots, crawlers, scrapers, data-mining tools, or similar technologies to collect website information without authorization;
Attempt to gain unauthorized access to customer accounts, databases, servers, systems, or website functions;
Circumvent security features or access restrictions;
Interfere with the operation, security, performance, or availability of the website;
Introduce viruses, malware, malicious code, or other harmful material;
Use the website to conduct fraudulent or unauthorized transactions;
Misrepresent your identity, payment information, or authority to place an order;
Use the website in violation of applicable laws; or
Use website content for unauthorized advertising, solicitation, marketing, or other commercial purposes.
Provision Gardens may restrict access to the website where reasonably necessary to protect our customers, systems, employees, or business.
Customer Accounts and Account Security
If you create a customer account, you are responsible for maintaining the confidentiality of your login credentials and taking reasonable precautions to prevent unauthorized access.
You are responsible for keeping information associated with your account accurate and current.
Please notify Provision Gardens promptly if you believe your account or credentials have been accessed, disclosed, or used without authorization.
Provision Gardens may temporarily restrict, suspend, or secure an account where reasonably necessary to investigate suspected fraud, unauthorized access, misuse, abuse, or other security concerns.
Orders and Payments
Currency and Pricing
All prices displayed by Provision Gardens are in Canadian Dollars (CAD) unless expressly stated otherwise.
Applicable taxes, shipping charges, and other applicable charges will be calculated or disclosed as required before the purchase is completed.
Prices, promotions, availability, and product information may change before an order is completed.
Provision Gardens makes reasonable efforts to ensure that prices displayed on our website are accurate. However, pricing, promotional, inventory, data-entry, and technical errors may occasionally occur.
If an obvious or material pricing, promotional, or product-information error is discovered before an affected order has been fulfilled, Provision Gardens may:
Contact the customer to explain the error;
Offer the customer an opportunity to proceed at the corrected price, where appropriate; or
Cancel the affected item or order and refund amounts paid for the cancelled item or order.
Provision Gardens will not intentionally substitute a higher price after an order has been completed without obtaining the customer's agreement where required by law.
Nothing in this section limits rights or remedies available under applicable consumer protection legislation.
Payment
Payment must be made using a payment method accepted by Provision Gardens.
Your payment method may be authorized or charged when your order is submitted or processed, depending on the payment method and payment provider used.
By providing a payment method, you represent that you are authorized to use that payment method.
Provision Gardens may hold, decline, or cancel an order where:
Payment authorization fails; Payment is declined; Payment information cannot reasonably be verified; The transaction appears potentially unauthorized or fraudulent;
Additional verification reasonably required to process the transaction cannot be completed; or
The payment provider refuses or reverses authorization.
Order Confirmation
When you place an order, you may receive an automated order confirmation.
The confirmation acknowledges that Provision Gardens has received your order. Subject to applicable law, it does not guarantee that:
Every product is available; Inventory information is error-free; Pricing or product information is error-free; Payment will successfully clear; Verification requirements have been satisfied; or The order can be fulfilled exactly as submitted.
Orders remain subject to inventory availability, payment authorization, verification, pickup or shipping requirements, and the other applicable provisions of these Terms.
Inventory Availability
Provision Gardens makes reasonable efforts to maintain accurate inventory information.
Inventory discrepancies can nevertheless occur as a result of:
Simultaneous purchases; In-store and online purchases occurring at approximately the same time; Inventory adjustments; Receiving discrepancies; Damaged products; Theft or shrinkage; Products awaiting transfer; Technical synchronization delays; or Other inventory errors.
If an ordered product becomes unavailable, Provision Gardens may contact you regarding available options or cancel and refund the unavailable portion of the order.
Right to Hold, Limit, Refuse, or Cancel an Order
Subject to applicable law, Provision Gardens may hold, limit, refuse, or cancel an order before fulfillment where reasonably necessary, including where:
A product is unavailable; An inventory discrepancy has occurred; There is an obvious pricing, promotional, or product-information error; Payment cannot be authorized or verified; Fraud or unauthorized payment is reasonably suspected; Customer, billing, payment, pickup, or shipping information cannot reasonably be verified; The order violates an applicable quantity or purchase limitation; Promotion abuse or manipulation is reasonably suspected; Multiple accounts or transactions are being used to circumvent purchase restrictions; An order appears to have been placed using false information; The requested shipping destination cannot reasonably be serviced; Applicable shipping restrictions prevent fulfillment; Actual shipping circumstances materially differ from those calculated during checkout and suitable arrangements cannot be made; A product cannot legally or safely be supplied, shipped, or released as requested; A technical or system error materially affected the transaction; or The order otherwise cannot reasonably or lawfully be fulfilled.
If Provision Gardens cancels an order or item after payment has been collected, the applicable amount paid for the cancelled item or order will be refunded, subject to applicable law.
Quantity Limitations and Resale
Provision Gardens may establish reasonable purchase or quantity limits for particular products, promotions, or transactions.
Where a limitation has been disclosed, customers may not circumvent that limitation by placing multiple orders, using multiple customer accounts, payment methods, addresses, or other methods.
Provision Gardens may cancel or limit transactions reasonably believed to be an attempt to circumvent a disclosed quantity restriction, misuse a promotion, or obtain products through fraudulent means.
Where Provision Gardens specifically identifies a promotion or product as being intended only for end consumers or not for resale, we may enforce that stated restriction subject to applicable law.
Order Verification and Fraud Prevention
Provision Gardens may verify information associated with an order to help protect our customers and business from unauthorized or fraudulent transactions.
Verification may include:
Customer name and contact information; Billing information; Shipping or pickup information; Payment information; Order details; and Other information reasonably necessary to verify the transaction.
We may contact you for additional information where reasonably necessary.
An order may be temporarily held while verification is completed.
Provision Gardens may cancel an order if reasonable verification cannot be completed.
Customer Order Cancellations
If you wish to cancel an order, please contact Provision Gardens as soon as possible.
Before Shipment or Pickup
If the order has not yet been shipped or picked up, Provision Gardens may be able to cancel it.
Where a customer voluntarily requests cancellation of an order, an approved refund may be reduced by an applicable processing fee that was disclosed to the customer before completion of the purchase, to the extent permitted by law.
Submitting a cancellation request does not guarantee that an order can be cancelled. Orders may enter processing, transfer, fulfillment, or shipping quickly.
After Shipment
Once an order has been shipped, it cannot be cancelled through our voluntary cancellation process.
If you no longer wish to keep the products, you must receive the shipment and follow the applicable Provision Gardens Return and Refund Policy.
Nothing in this section restricts a cancellation, refund, reversal, or other right provided by applicable law.
Returns and Return Authorization
Returns are governed by the Provision Gardens Return and Refund Policy.
Where return authorization is required under that policy, customers must obtain a Return Merchandise Authorization (RMA) from Provision Gardens before sending products back.
Returns sent without required authorization or without following the applicable return instructions may be refused or returned to the sender, except where applicable law provides otherwise.
Issuance of an RMA does not itself guarantee that a product qualifies for a refund, exchange, replacement, or store credit.
Returned products must satisfy the applicable Return and Refund Policy and any requirements of applicable law.
Nothing in our voluntary Return and Refund Policy limits any return, cancellation, warranty, or other remedy that a consumer is legally entitled to exercise.
In-Store Pickup Orders
Customers who select In-Store Pickup are responsible for collecting their order from the selected Provision Gardens location within the applicable pickup period.
Ready for Pickup Notification
Customers must wait until their order has been marked Ready for Pickup before travelling to the selected pickup location.
When an order is ready, Provision Gardens will send a Ready for Pickup notification using the contact information associated with the order.
Customers are responsible for:
Providing accurate and current contact information; Monitoring the email address associated with the order; Checking spam, junk, promotions, or other filtered email folders where applicable; and Monitoring their order status through their Provision Gardens customer account where available.
Email providers and filtering systems are operated by third parties. A Ready for Pickup notification being directed to a spam, junk, promotions, or other filtered folder does not by itself extend the applicable pickup period.
Customers with an online account may also check the status of their order by signing into their account on the Provision Gardens website.
If you believe you should have received a Ready for Pickup notification but cannot locate it, please contact the selected Provision Gardens location.
Seven-Day Pickup Period
Once an order has been marked Ready for Pickup and the Ready for Pickup notification has been sent, the customer has seven (7) calendar days to collect the order from the selected pickup location.
The seven-day pickup period begins on the date the Ready for Pickup notification is sent.
Orders must be collected during the applicable location's posted business hours.
If the seventh calendar day falls on a day when the selected pickup location is closed, the pickup deadline will extend until the end of the next day that the location is open.
By selecting In-Store Pickup, the customer is responsible for ensuring that they are reasonably able to collect the order within the required pickup period.
Unable to Pick Up Within Seven Days
If you know that you will be unable to collect your order within the seven-day pickup period, please contact the applicable Provision Gardens location before the pickup deadline.
Provision Gardens may, at its discretion, agree to a reasonable pickup extension where circumstances permit.
An extension is not guaranteed and is not effective unless confirmed by Provision Gardens.
Unclaimed Pickup Orders
Provision Gardens is not required to hold an In-Store Pickup order indefinitely.
If an order has not been collected within the applicable pickup period and no extension has been approved, Provision Gardens may treat the order as unclaimed.
An unclaimed order may be:
Cancelled; Returned to available inventory; and Refunded to the original payment method, where applicable.
Any refund issued for an unclaimed pickup order will be reduced by applicable fees and costs, including, but not limited to:
Processing fees; Restocking fees; Handling fees; and
Other applicable costs associated with the cancellation, processing, or return of the order to inventory.
Any applicable fees or charges will be imposed only where they have been disclosed as required and are permitted by applicable law.
Once an unclaimed order has been cancelled and returned to inventory, Provision Gardens cannot guarantee that the products will remain available if the customer later wishes to purchase them again.
Any new purchase will be subject to current inventory availability and pricing.
Nothing in this section permits Provision Gardens to deduct a fee or charge where applicable law requires the customer to receive a refund without that deduction.
Special Orders and Products With Return Restrictions
Products designated as special order, final sale, non-returnable, perishable, live, or otherwise subject to specific cancellation or return restrictions remain subject to the applicable Provision Gardens Return and Refund Policy and any product-specific terms disclosed before purchase.
Failure to collect an order does not automatically override product-specific cancellation or return restrictions, subject to applicable law.
Pickup Verification
To help ensure that an order is released to the appropriate person, Provision Gardens may request reasonable verification at the time of pickup.
This may include:
The order number or order confirmation; The name associated with the order; and Government-issued photo identification where reasonably required.
If another person will be collecting an order on the customer's behalf, Provision Gardens may require authorization from the customer and may request reasonable identification from the person collecting the order.
Provision Gardens may decline to release an order where reasonable verification cannot be completed.
Customer Responsibility for Pickup Orders
By selecting In-Store Pickup, the customer acknowledges that:
The order must be collected from the Provision Gardens location selected for pickup; The customer should not travel to the location until the order is marked Ready for Pickup; The customer is responsible for monitoring the status of the order; The customer is responsible for monitoring the email address or other contact information associated with the order; The customer is responsible for checking spam, junk, promotions, or other filtered folders; The customer is responsible for collecting the order within the applicable pickup period; The customer is responsible for checking the selected location's current business hours before travelling to the store; and Failure to collect the order within the applicable pickup period may result in the order being treated as unclaimed, cancelled, returned to inventory, and refunded less applicable fees and costs as described above.
Nothing in this section limits any cancellation, refund, warranty, or other consumer right that cannot lawfully be excluded or restricted.
Shipping and Delivery
Canadian Shipping
Provision Gardens currently ships within Canada only.
Shipping, delivery, customer address responsibilities, signatures, adult-signature requirements, tracking, courier delivery procedures, split shipments, remote-area charges, returned shipments, refused shipments, unclaimed packages, reshipping, courier delays, lost shipments, damaged shipments, and related matters are governed by the Provision Gardens Shipping Policy.
The Shipping Policy forms part of these Terms.
Customers are responsible for reviewing their shipping information carefully before completing an order.
Nothing in the Shipping Policy or these Terms limits a statutory delivery, cancellation, refund, or other right available under applicable law.
Product Information and Use
Product Information
Provision Gardens makes reasonable efforts to provide accurate product information.
Product descriptions, specifications, dimensions, photographs, ingredients, formulations, application information, compatibility information, packaging information, and other details may originate from:
Manufacturers; Distributors; Suppliers; Physical product packaging; Technical documentation; or Other reliable sources. Manufacturers may change packaging, formulations, specifications, colours, designs, components, instructions, dimensions, or other characteristics without advance notice.
As a result:
Product packaging may differ from photographs shown online; Website photographs may show previous packaging; Manufacturer specifications may change; Product formulations may change; and Minor variations may exist between production runs.
Provision Gardens will make reasonable efforts to correct material errors that come to our attention.
Customers should always review the actual product label, packaging, instructions, warnings, safety information, and manufacturer documentation before using a product.
Nothing in this section excludes or limits a condition, warranty, right, or remedy applicable under the Sale of Goods Act, Consumer Protection Act, 2002, or other applicable law.
Product Compatibility, Measurements, and Specifications
Customers are responsible for reviewing available product specifications and confirming that a product is appropriate for their intended application before purchase.
This may include confirming, as applicable:
Model numbers; Product dimensions; Fitting sizes; Connection types; Voltage and electrical requirements; Wattage; Capacity; Equipment compatibility; Replacement-part compatibility; Environmental requirements; and Other technical specifications.
Where the customer provides Provision Gardens with incomplete or inaccurate information regarding their equipment or intended application, Provision Gardens cannot guarantee that a recommendation based on that information will be suitable.
Nothing in this section excludes or limits any condition regarding fitness for a particular purpose that applies under the Sale of Goods Act or other applicable legislation.
Product Advice and Recommendations
Provision Gardens employees may provide general product information or recommendations based on information available to them and information supplied by the customer.
Customers are responsible for providing complete and accurate information regarding their intended application, existing equipment, growing environment, and other relevant circumstances.
Unless expressly represented otherwise, general recommendations are not a guarantee of a particular outcome.
Nothing in this section limits any statutory condition, warranty, representation, or other legal obligation that applies where a customer reasonably relies on the skill or judgment of Provision Gardens in circumstances recognized by applicable law.
Product Use and Safety
Customers are responsible for reading and following:
Product labels; Manufacturer instructions; Application directions; Safety warnings; Compatibility information; Installation instructions; Storage requirements; and Other applicable safety precautions.
Products should only be used for their intended purpose and in accordance with applicable laws and manufacturer instructions.
Where appropriate, electrical, plumbing, mechanical, structural, or other installation work should be performed by a person with the qualifications required by applicable law.
To the fullest extent permitted by law, Provision Gardens is not responsible for loss or damage caused by:
Misuse of a product; Use contrary to product instructions or warnings; Improper installation; Improper storage; Incorrect application rates; Mixing incompatible products or substances; Unauthorized modification; Improper maintenance; Incorrect electrical connections; Use of unsuitable supporting equipment; or Use outside the manufacturer's intended specifications.
Nothing in this section excludes liability that cannot lawfully be excluded or limits statutory conditions, warranties, rights, or remedies applicable to a product.
Lawful Use of Products
Products purchased from Provision Gardens must be used in accordance with applicable federal, provincial, territorial, and municipal laws and regulations.
Customers are responsible for determining whether their intended use of a product is lawful.
Provision Gardens does not authorize or encourage the use of any product for an unlawful purpose.
To the extent permitted by law, Provision Gardens is not responsible for consequences arising from a customer's unlawful use of products purchased from us.
Horticultural and Live Product Terms
No Guarantee of Horticultural Results
Gardening and horticultural results can vary significantly based on environmental conditions, plant genetics, customer practices, and other factors outside of Provision Gardens' control.
Unless Provision Gardens expressly provides a specific written guarantee, we do not guarantee a particular:
Growth rate; Crop yield; Harvest quantity; Rooting rate; Germination rate; Flowering response; Nutrient response; Plant size; Plant performance; or Other horticultural result. Results may be affected by factors including: Plant genetics; Water quality; pH; Nutrient concentration; Growing medium; Lighting; Temperature; Humidity; Air circulation; Irrigation practices; Application rates; Pest pressure; Disease; Environmental stress; Transplanting; Customer care; and Other conditions outside our control.
Customers are responsible for following applicable product labels, manufacturer instructions, application rates, and appropriate horticultural practices.
This section does not override an express representation or guarantee made by Provision Gardens regarding a specific product and does not exclude any statutory condition, warranty, right, or remedy that cannot legally be excluded.
Warranties
Manufacturer Warranties
Certain products may include a warranty supplied by the manufacturer.
Where applicable, warranty service may be administered according to the manufacturer's warranty terms and procedures, which may include:
Proof-of-purchase requirements; Product registration; Troubleshooting; Photographs or videos; Serial-number verification; Return of the product; Repair procedures; Replacement procedures; or Direct communication with the manufacturer.
Provision Gardens may provide reasonable assistance with manufacturer warranty information where appropriate.
A manufacturer's warranty is separate from, and does not eliminate or replace, any condition, warranty, right, or remedy available under applicable law.
Statutory Product Conditions and Warranties
Nothing in these Terms is intended to negate, vary, waive, or exclude any implied condition or warranty that applies under the Sale of Goods Act, the Consumer Protection Act, 2002, or other applicable legislation where that condition or warranty cannot lawfully be excluded or varied.
Depending on the circumstances, statutory conditions may apply to matters including:
Goods corresponding with their description; Merchantable quality; Fitness for a particular purpose where the applicable legal requirements are satisfied; and Other conditions or warranties established by law.
Any provision of these Terms that conflicts with a mandatory statutory condition, warranty, right, or remedy applies only to the extent permitted by law.
Discounts, Promotions, Rewards, and Gift Cards
Discounts and Promotions
Discounts and promotions are subject to the conditions disclosed with the applicable offer.
Unless otherwise indicated:
Discounts are applied before applicable taxes; Certain products may be excluded; Minimum purchase requirements may apply; Promotions may not be combined; Promotions may be limited to specified dates, products, customers, quantities, locations, or sales channels; and Discounts and promotional benefits have no cash value.
Provision Gardens may correct an obvious promotional or technical error in accordance with the Pricing section of these Terms.
Provision Gardens may cancel or restrict promotional benefits obtained through fraud, material misuse, duplicate-account abuse, manipulation of a promotion, or intentional circumvention of disclosed promotional restrictions, subject to applicable law.
Provision Rewards
Provision Rewards points have no cash value and cannot be exchanged for cash except where required by law.
Points may be earned and redeemed only in accordance with the applicable Provision Rewards rules.
Provision Gardens may adjust, reverse, or correct points where reasonably necessary because of:
Returned purchases; Refunded purchases; Cancelled transactions; Payment reversals; Points credited in error; Duplicate point awards; Technical or system errors; Fraud; Abuse of the rewards program; Duplicate accounts used to improperly obtain program benefits; or Transactions later determined not to qualify for points.
Provision Gardens may modify, suspend, or terminate the Provision Rewards program subject to applicable law and any applicable notice or other requirements.
Reward points will not expire solely because time has passed except where permitted by applicable law.
Nothing in these Terms authorizes Provision Gardens to expire, cancel, suspend, reverse, or otherwise deal with rewards points in a manner prohibited by applicable legislation.
Gift Cards
Provision Gardens gift cards may be used at participating Provision Gardens locations and online where supported.
Gift cards:
Do not expire except where permitted by law; Are not redeemable for cash except where required by law; Cannot be reloaded, transferred, or combined unless Provision Gardens expressly permits it; and Will not be subject to fees except where permitted by law.
Gift cards should be treated like cash.
Provision Gardens is not responsible for lost, stolen, misplaced, or unauthorized-use gift cards except where responsibility cannot legally be excluded.
Applicable gift-card restrictions and conditions will be disclosed in accordance with applicable law.
Website and Third-Party Services
Website Availability
Provision Gardens makes reasonable efforts to keep the website available and functioning correctly.
However, we do not guarantee uninterrupted, error-free, or continuously available website operation.
The website may occasionally be unavailable as a result of:
Maintenance; Software updates; Hosting failures; Internet or network interruptions; Third-party service outages; Cybersecurity events; Power failures; Technical failures; or Other circumstances outside our reasonable control.
Except for rights, warranties, or obligations that cannot legally be excluded, Provision Gardens does not provide additional warranties regarding uninterrupted or error-free website operation.
This website-availability disclaimer does not exclude or limit statutory conditions or warranties applicable to products purchased from Provision Gardens.
Third-Party Services and Links
The Provision Gardens website may contain links to or interact with independent third-party services, including:
Payment processors; Shipping carriers; Manufacturers; Warranty providers; Mapping services; Social-media platforms; and Other websites or service providers.
Third-party services may have their own terms, privacy policies, operating procedures, and availability.
Provision Gardens is not responsible for the independent content, operation, availability, security, or privacy practices of third-party websites or services except to the extent responsibility cannot lawfully be excluded.
A link to a third-party website does not necessarily constitute an endorsement of all content available through that website.
Electronic Communications
Transactional Communications
By placing an order, creating an account, providing electronic contact information, or otherwise communicating electronically with Provision Gardens, you acknowledge that Provision Gardens may communicate with you electronically regarding matters related to your transactions or relationship with us.
These communications may include:
Order confirmations; Payment notices; Ready for Pickup notifications; Pickup reminders; Shipping and tracking information; Return communications; Refund information; Warranty communications; Account-security notices; Product safety or recall information; Customer-service communications; and Other transactional or administrative notices.
You are responsible for providing an accurate email address and other applicable contact information and for reasonably monitoring communications relating to your order.
Electronic communications may satisfy requirements for written communications where permitted by applicable law.
Consent to receive transactional communications does not itself constitute consent to receive promotional or commercial electronic messages where separate consent is required by law.
Customer Conduct and Refusal of Service
Abusive, Fraudulent, or Unlawful Conduct
Provision Gardens is committed to providing a respectful and safe environment for customers and employees.
Subject to applicable law, Provision Gardens may refuse or discontinue service, restrict account access, or cancel future transactions where reasonably necessary because of:
Fraud or attempted fraud; Theft; Threats of violence; Harassment; Abusive or threatening conduct toward employees or other customers; Intentional property damage; Repeated payment abuse; Deliberate misuse of customer-service processes; Material promotion abuse; Security threats; or Unlawful activity.
This provision will not be applied in a manner contrary to applicable human-rights, consumer-protection, accessibility, or other laws.
Where an existing paid order is affected, any cancellation and refund will be handled in accordance with applicable law and these Terms.
Events Outside Our Reasonable Control
Force Majeure and Service Disruptions
Provision Gardens will make reasonable efforts to perform our obligations.
However, performance may be delayed, interrupted, or prevented by events outside our reasonable control, including:
Severe weather; Floods; Fires; Natural disasters; Major transportation disruptions; Carrier service disruptions; Labour disruptions or strikes; Power failures; Telecommunications or internet failures; Cybersecurity incidents; Government orders or restrictions; Public emergencies; Supply-chain disruptions; Manufacturer or supplier failures; Widespread system outages; or Other comparable circumstances outside our reasonable control.
Where such an event affects an order, Provision Gardens may reasonably delay performance, use an alternative method of performance, or cancel the affected portion of the order where necessary.
If Provision Gardens cancels an order because it cannot be fulfilled, amounts paid for the cancelled goods will be refunded as required.
Nothing in this section extends a delivery period or removes a cancellation, refund, or other right that applies under mandatory consumer protection legislation.
Payment Disputes and Chargebacks
If you believe there is a problem with an order, payment, refund, shipment, pickup, or transaction, we encourage you to contact Provision Gardens first so that we have an opportunity to investigate and assist with resolving the matter.
Nothing in these Terms requires a consumer to waive a right to request a payment reversal, chargeback, refund, cancellation, or other remedy available under applicable law.
Where a payment dispute or chargeback is initiated, Provision Gardens may provide relevant information to the applicable payment processor, card issuer, financial institution, marketplace, or dispute-resolution provider.
This information may include, where relevant:
Order records; Payment records; Customer communications; Refund records; Shipping information; Tracking records; Carrier scans; Delivery records; Pickup records; Ready for Pickup notification records; Signature records; Return records; and Other information reasonably related to the dispute.
Provision Gardens reserves the right to respond to or contest a payment dispute or chargeback where we reasonably believe the transaction was valid, fulfilled, appropriately made available for pickup, refunded appropriately, or otherwise inaccurately disputed.
Nothing in this section restricts any statutory right of the customer.
Limitation of Liability
To the fullest extent permitted by applicable law, Provision Gardens and its directors, officers, employees, agents, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, or consequential losses arising from or connected with:
Use of the website; Inability to access the website; Website interruptions; Circumstances for which liability may lawfully be excluded; Customer misuse of products; or Other matters addressed in these Terms.
Where permitted by law, such losses may include loss of profits, business interruption, loss of business opportunity, or loss of data.
Nothing in these Terms excludes, restricts, or limits:
Liability that cannot legally be excluded or limited; Any statutory condition or warranty that cannot legally be excluded or varied; Rights or remedies under applicable consumer protection legislation; or Any other right or liability that applicable law requires to remain available.
All limitations of liability in these Terms must therefore be interpreted subject to applicable law.
Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold Provision Gardens harmless from third-party claims, losses, liabilities, damages, or reasonable costs arising directly from:
Your unlawful use of the website; Fraud or intentional misconduct by you; Unauthorized use of another person's account or payment information; Your infringement of a third party's intellectual property or other legal rights; Your unlawful use of a product purchased from Provision Gardens; or Your material violation of these Terms that directly causes loss to Provision Gardens or a third party.
This provision does not require a consumer to indemnify Provision Gardens for Provision Gardens' own conduct where such responsibility cannot lawfully be transferred to the consumer.
Consumer Rights
These Terms are intended to operate together with applicable consumer protection legislation, not replace it.
Nothing in these Terms waives, excludes, restricts, or limits any substantive or procedural right that cannot legally be waived, excluded, restricted, or limited.
Where applicable law provides a consumer with greater protection than these Terms, applicable law will govern to that extent.
Customers Outside Ontario
Provision Gardens currently sells and ships to customers within Canada.
Mandatory consumer protection, sale-of-goods, privacy, language, accessibility, or other laws applicable in a customer's province or territory may provide rights in addition to those described in these Terms.
Nothing in these Terms is intended to deprive a customer of rights that the law of their province or territory requires to apply.
Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally permitted.
If the provision cannot be interpreted or limited in that manner, it will be severed.
The remaining provisions will continue in full force and effect.
No Waiver
If Provision Gardens does not immediately enforce a provision of these Terms, that does not mean Provision Gardens has permanently waived the right to enforce that provision.
A waiver relating to one transaction, customer, event, or circumstance does not automatically constitute a waiver relating to another transaction, customer, event, or circumstance.
Nothing in this section limits rights that cannot legally be waived.
Changes to These Terms
Provision Gardens may update these Terms from time to time to reflect changes to our business, website, products, services, policies, operations, or legal obligations.
The current version of these Terms and its "Last Updated" date will be posted on our website.
Changes will apply prospectively from their effective date unless applicable law requires otherwise.
An order already placed will generally remain subject to the Terms and applicable policies in effect when the order was placed, except where:
A later change is required by law; or The customer expressly agrees to the change where legally permitted.
Continued use of the website after updated Terms become effective constitutes acceptance of the updated Terms with respect to future website use, subject to applicable law.
Governing Law
These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles, except to the extent mandatory laws of another province or territory apply and cannot lawfully be excluded.
Subject to any mandatory consumer right to commence a proceeding elsewhere, disputes relating to these Terms or transactions with Provision Gardens will be subject to the jurisdiction of the courts of Ontario.
Nothing in this section limits any jurisdictional, procedural, or other right that cannot lawfully be waived.
Entire Agreement
These Terms, together with the Provision Gardens policies and transaction-specific terms incorporated into them, constitute the agreement between the customer and Provision Gardens regarding the matters they address.
Any additional or different term will apply only where it has been validly agreed to or is required by applicable law.
Contacting Provision Gardens
If you have questions regarding these Terms, an order, In-Store Pickup, a product, shipping, returns, warranties, or another Provision Gardens policy, please contact Provision Gardens using the contact information provided on our website.
