NyteElf – Garden Canada

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Redefining Outdoor Living in Canada

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New Season, New Backyard Essentials

NyteElf Bird Feeder with Camera — Solar-Powered 2K Live View

Smart Bird Watching Starts at Your Window The NyteElf Bird Feeder with Camera blends a high-definition camera with AI image recognition drawn from a vast bird database. It can identify thousands of species and surfaces easy-to-read insights to your dedicated app. Built-in birdwatching guides...

$101.74

$101.74

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OVERVIEW

Welcome to Garden Canada | Patio, Lawn & Outdoor Living! The terms “we”, “us” and “our” refer to Garden Canada. We operate this store and website, including all related information, content, features, tools, products and services in order to provide you with a curated shopping experience (“the Services”). The website is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service describe your rights and responsibilities when using our Services. By visiting or using our website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm you are at least the age of majority in your region and, if applicable, consent to allow your minor dependents to use the Services.
You may be required to provide information such as your name, email address, billing details, and shipping information. You agree all information provided is accurate and complete.
You are responsible for your account security and must not transfer or share your account.

SECTION 2 – OUR PRODUCTS

We strive to display our products accurately; however, product colors or appearance may differ due to device settings.
We do not guarantee that the quality or appearance of any product will meet your expectations.
All product descriptions, pricing, and availability are subject to change at any time without notice.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. We may accept or decline orders at our discretion. Payment must be processed before an order is accepted.
Order changes or cancellations may not be possible once processed.
All purchases are subject to our Refund Policy.
You confirm your purchases are for personal use and not for resale.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change at any time. The price shown at checkout is the final price at the time of purchase.
Taxes, shipping fees, and applicable duties may not be included unless stated.
You agree to provide accurate payment and contact information and authorize us to charge your selected payment method.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, weather, or events outside our control.
Once an order is transferred to the carrier, risk of loss passes to you.

SECTION 6 – INTELLECTUAL PROPERTY

All trademarks, images, text, branding, designs, and website content belong to Garden Canada or our licensors.
You may use the Services for personal use only. You may not copy, distribute, replicate, or modify our content without written permission.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools which we do not monitor or control.
These tools are provided “as is” and “as available.” We are not responsible for issues arising from use of such tools.

SECTION 8 – THIRD-PARTY LINKS

Our Services may include links to third-party websites. We are not responsible for the accuracy, content, or policies of these external sites.
Any issues related to purchases from third parties must be directed to the third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Garden Canada is powered by Shopify, but all sales are made directly through Garden Canada. Shopify is not responsible for any injuries, losses, or product-related issues.
By using the Services, you release Shopify from liability arising from your transactions with us.

SECTION 10 – PRIVACY POLICY

All personal information provided through the Services is governed by our Privacy Policy and Shopify’s data processing policies.
By using the Services, you acknowledge and agree that Shopify may collect and process your information to operate the platform.

SECTION 11 – FEEDBACK

Any ideas, reviews, feedback, or suggestions you submit may be used by us for improvement or promotional purposes.
You grant us a royalty-free, worldwide license to use such feedback. You may not submit unlawful or harmful content.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, product descriptions, pricing, promotions, shipping charges, or availability may contain errors.
We reserve the right to correct such errors or cancel orders affected by them.

SECTION 13 – PROHIBITED USES

You may not use our Services for unlawful, harmful, fraudulent, or abusive purposes.
You agree not to upload malware, spam, or attempt to bypass our security.
We may suspend or terminate your access if you violate these terms.

SECTION 14 – TERMINATION

We may terminate your access at any time without notice.
Certain sections of these Terms will remain in effect after termination, including Intellectual Property, Limitation of Liability, and Indemnification.

SECTION 15 – DISCLAIMER OF WARRANTIES

Our Services and products are provided “as is” and “as available.”
We do not guarantee uninterrupted, error-free service, and we do not warrant the accuracy or completeness of any content.
Some jurisdictions do not allow limitations on implied warranties; therefore, some disclaimers may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Garden Canada, its employees, partners, suppliers, and Shopify will not be liable for any damages—direct or indirect—resulting from your use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold Garden Canada, Shopify, and their affiliates harmless from claims, liabilities, and expenses resulting from your use of the Services or violation of these Terms.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found invalid, the remaining Terms will continue to remain in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right does not constitute a waiver.
These Terms constitute the entire agreement between you and Garden Canada.

SECTION 20 – ASSIGNMENT

You may not assign these Terms.
We may assign our rights and obligations without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Garden Canada is headquartered, and you consent to the courts of that jurisdiction.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE

We may update or modify these Terms at any time.
Your continued use of the Services means you accept the updated Terms.

SECTION 24 – CONTACT INFORMATION

Questions regarding these Terms should be sent to:
Garden Canada | Patio, Lawn & Outdoor Living
Email: gardencanada.ca@gmail.com
Address: 19 Grenville St, STE 008, Toronto, ON M4Y 1A1, Canada