Terms and conditions of use

This website provides information about RichardF-Garden, its products and services, and facilitates their purchase. Most products presented on this website are available for delivery only within Canada. In some cases, large equipment cannot be shipped by truck due to its dimensions or carrier requirements.

Use of this website is limited to lawful purposes. RichardF-Garden may, at any time and at its sole discretion, add new features to this website or modify or remove features. RichardF-Garden will notify the User of any changes to the features to the extent required by law.

By using any new or modified feature as soon as it becomes available, the User agrees to be bound by these Terms of Use relating to such features.

Any access or attempted access to other parts of RichardF-Garden's computer systems or to any information contained in those systems, for any purpose whatsoever, is strictly prohibited.

The User agrees not to interfere in any way with the use of or access to this website, or to take any action that places an unreasonable or disproportionate burden on the infrastructure of this website.

RichardF-Garden reserves the right to report any activity it suspects may violate any law or regulation and to disclose any information to the appropriate authorities, regulatory bodies, or other appropriate third parties.

RichardF-Garden reserves the right, at its sole discretion and without prior notice, to modify these Terms and Conditions or impose new terms relating to access to or use of this website or the placement of Orders.

Such modifications and additions will become effective immediately upon their posting on this website. Notice may be provided by any means, including, without limitation, by posting the amended or additional Terms and Conditions on this website.

If the User does not agree to the changes to these Terms and Conditions, the User must stop using the relevant services on this website.

Any access to or use of this website by the User after changes or additions to these Terms and Conditions have been posted constitutes acceptance of those changes or additions.

RichardF-Garden reserves the right to modify or discontinue, temporarily or permanently, this website, the products or services offered through it, or a User's right to access or use any part of this website, at its sole discretion, at any time and without notice, for any reason, including:

1. any attempt to gain unauthorized access to this website or assisting third parties attempting to gain such access;
2. disabling the security features of this website;
3. violation of these Terms of Use by the User;
4. failure to pay for products or services ordered or applicable delivery fees;
5. any alleged or actual infringement of a third party's intellectual property rights; or
6. any request from law enforcement or other governmental authorities.

The obligations and liabilities of the parties incurred prior to the termination date will survive termination of these Terms of Use.

The User acknowledges and agrees that RichardF-Garden shall not be liable to the User or any third party for any modification, suspension, or discontinuation of this website or of the products or services offered through it or ordered by the User through this website.

Users wishing to order certain products or services through this website may be required to register by completing and signing a Registration Agreement.

RichardF-Garden reserves the right to accept or reject any Registration Agreement at its sole discretion.

The User represents and warrants that the information provided during registration is accurate, complete, and current as of the date of submission and agrees to update it periodically as necessary.

These Terms and Conditions form an integral part of each Registration Agreement.

Although registration is not mandatory, the User must accept these Terms and Conditions each time they wish to access this website or place an Order.

During registration, the User will choose a username (“Username”) and password (“Password”) to access their account. The Username and Password constitute the User's login credentials for accessing this website.

The User must not choose a Username that is vulgar, impersonates another person, or infringes upon the rights of others. RichardF-Garden also reserves the right to reject any Username that it considers, at its sole discretion, unacceptable for use on this website.

The User is solely responsible for any use of this website made with their Username and Password, as well as for maintaining their confidentiality. The User agrees to:

1. immediately notify RichardF-Garden of any actual or suspected unauthorized use of the website; and
2. log out of their account at the end of each session.

RichardF-Garden shall not be liable for any losses or damages resulting from the User's failure to comply with their obligations.

RichardF-Garden reserves the right to suspend or terminate any Username or Password after notifying the User if it is reasonably determined that the credentials may have been used for unauthorized purposes.

RichardF-Garden shall not be liable for any damages, harm, or other losses suffered by the User as a result of failure to maintain the confidentiality of their password or failure to comply with these Terms of Use.

By creating an account with RichardF-Garden and each time an Order is placed through this website, the User authorizes RichardF-Garden to contact them at their email address.

The User is solely responsible for the security of their customer number, Username, and Password.

The User agrees not to disclose their customer number, Username, or Password to any third party, except for third parties authorized by the User to use their account, and is solely responsible for any use or action carried out with their Username and Password on this website.

The User is responsible for changing their Username and Password if they have been compromised.

The User agrees that RichardF-Garden may, at its sole discretion, terminate their Password, Username, or access to this website for any reason, including inactivity or if RichardF-Garden believes that the User has violated or acted contrary to the spirit or letter of these Terms.

The User agrees that any termination of their Password, Username, or access to this website may occur without prior notice and acknowledges and agrees that RichardF-Garden may immediately deactivate or delete their account and all information and files associated with it, and/or prohibit any further access to such information and files.

Furthermore, the User agrees that RichardF-Garden shall not be liable to the User or any third party in the event of termination of the User's access in accordance with these provisions.

RichardF-Garden places the utmost importance on the privacy of its Users' information and will take all commercially reasonable measures to prevent disclosure of any information concerning the User or their communications to third parties, except where RichardF-Garden, in good faith, believes that such action is reasonably necessary to:

1. comply with applicable law or legal process;
2. enforce these Terms;
3. respond to claims that any content infringes third-party rights; or
4. protect the legitimate interests of RichardF-Garden or third parties.

Notwithstanding the foregoing, the User acknowledges and agrees that any information entered on this website may be accessed by any other User who has access to their Customer Number.

Notwithstanding the foregoing, the User agrees that any information or document they provide to RichardF-Garden, or that persons acting on their behalf provide, shall not be considered confidential or proprietary.

By providing such information or documents to RichardF-Garden, the User grants RichardF-Garden a non-exclusive, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information and documents.

The User further agrees that RichardF-Garden may freely use any ideas, concepts, or know-how provided by the User or persons acting on their behalf to RichardF-Garden.