Terms & Conditions

This website, located at https://www.patiogardens.ca (the "Site"), is owned and operated by Colt’sNursery Inc., doing business as Patio Gardens ("Patio Gardens", "we", "us", or "our"). The Site, its content, and all services offered through it are subject to the following Terms of Use and Workshop Policies (collectively, the "Terms"). These Terms are governed by the laws of Canada and the Province of British Columbia, including the Business Practices and Consumer Protection Act (British Columbia) (the "BC Consumer Protection Act").

By accessing or using this Site, purchasing a product, registering for a workshop, or participating in any event hosted by Patio Gardens, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Site.

You must be at least 18 years of age, or the age of majority in your province or territory, to create an account, make purchases, or enter into contracts through this Site. You agree to use the Site only for lawful, personal, and non-commercial purposes. Patio Gardens grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site in accordance with these Terms.

You agree that you will not:

 Copy, reproduce, distribute, sell, lease, sublicense, or exploit any portion of the Site or its content without written permission;

 Modify, reverse engineer, decompile, or create derivative works of the Site;

 Use the Site to compete with Patio Gardens or for any unlawful purpose;

 Interfere with the security, integrity, or performance of the Site.

All intellectual property rights, including copyrights, trademarks, and proprietary content, remain the exclusive property of Patio Gardens or its licensors.

Patio Gardens reserves the right to modify, suspend, or discontinue the Site (or any part of it) at any time, with or without notice. We are not liable for any loss resulting from such changes, to the extent permitted by applicable law.

The Site may contain links to third-party websites or services. These are provided for convenience only. Patio Gardens does not control or endorse third-party content and is not responsible for any loss or damage arising from your use of third-party websites.

Workshop spaces are limited and allocated per participant. Each individual seated at a workshop must be a paid participant, regardless of age.

Exceptions may be made for:

 Infants who are still breastfeeding

 Individuals assisting a participant with special needs

If you require more than one seat or accommodation, you must notify us in advance at events@patiogardens.ca. Availability is not guaranteed.

Most workshops require basic tactile ability and are designed for participants 12 years of age and older.

 Participants 18 years of age and under must be accompanied and supervised by a parent or legal guardian at all times.

 Minors may not be dropped off or left unattended on Patio Gardens property. Patio Gardens reserves the right to refuse participation where safety or suitability concerns exist.

Patio Gardens complies with the BC Consumer Protection Act regarding consumer cancellation and refund rights.

 Cancellations made more than 72 hours prior to the scheduled workshop start time are eligible for a full refund, issued to the original method of payment.

 Cancellations made within 72 hours of the workshop start time are non-refundable, due to limited capacity and preparation costs. As an alternative, participants may transfer their workshop seat to another individual at no additional cost. Transfers must be approved in writing by the original purchaser and submitted to events@patiogardens.ca prior to the event.

 No refunds or credits will be issued for missed workshops, no-shows, or late arrivals.

Patio Gardens shall not be liable for any failure or delay in the performance of its obligations, including the cancellation, postponement, or rescheduling of workshops, events, or services, where such failure or delay is caused by events beyond our reasonable control ("Force Majeure Events"). Force Majeure Events may include, but are not limited to: acts of God, extreme weather, fire, flood, earthquake, public health emergencies, pandemics, government orders or restrictions, labour disruptions, power outages, supply chain interruptions, or any other event that renders performance impracticable or unsafe.

In the event a workshop or event is cancelled by Patio Gardens due to a Force Majeure Event, participants will be offered, at Patio Gardens’ discretion:

 A rescheduled date;

 A credit toward a future workshop or event; or

 A refund, where required by applicable law, including the BC Consumer Protection Act.

Nothing in this section limits or excludes any consumer rights or remedies that cannot be waived under applicable provincial or federal law.

Patio Gardens reserves the right to cancel, postpone, or reschedule any workshop, class, event, or service at its sole discretion, including but not limited to situations involving insufficient enrollment, staff illness, safety concerns, operational issues, or unforeseen circumstances not rising to the level of a Force Majeure Event.

If Patio Gardens cancels or reschedules a workshop or event:

 Registered participants will be notified as soon as reasonably possible using the contact information provided at the time of registration;

 Participants will be offered one of the following, at Patio Gardens’ discretion:

o A rescheduled date;

o A credit toward a future workshop or event; or

o A refund of the workshop fee.

Refunds, where applicable, will be issued to the original method of payment unless otherwise required by law. Patio Gardens shall not be responsible for any additional costs, expenses, or losses incurred by participants as a result of a cancellation or rescheduling, including but not limited to travel, accommodation, or lost wages, to the extent permitted by applicable law. Nothing in this section limits or excludes any consumer rights or remedies available under the BC Consumer Protection Act or other applicable legislation.

The Site, workshops, and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by Canadian law, Patio Gardens disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms limits statutory warranties that cannot be excluded under applicable provincial or federal law.

To the maximum extent permitted by applicable law, Patio Gardens shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site, attendance at workshops, or participation in events. Where liability cannot be excluded under the BC Consumer Protection Act, any liability is limited to the minimum amount required by law.

We may suspend or terminate your access to the Site or services at any time if you breach these Terms. Termination does not affect rights or obligations accrued prior to termination.

Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and protect personal information in accordance with the Personal Information Protection Act (British Columbia).

Subject to the BC Consumer Protection Act, any dispute arising from these Terms shall be resolved through binding arbitration in British Columbia, unless the matter may be brought before Small Claims Court.

Nothing in this section prevents a consumer from exercising statutory rights or remedies available under provincial consumer protection legislation.

These Terms are governed by the laws of Canada and the Province of British Columbia, without regard to conflict of laws principles.

Colt’s Nursery Inc. dba Patio Gardens

6536 West Saanich Road

Victoria, BC, Canada V8M 1W8

Email: info@patiogardens.ca

© Colt’s Nursery Inc. All rights reserved.