These terms and conditions (the "Terms and Conditions") govern the use of www.livingstoneoutdoor.com (the "Site"). This Site is owned and operated by Livingstone Outdoor. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property
All content published and made available on our Site is the property of Livingstone Outdoor and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Violate the intellectual property rights of the Site owners or any third party to the Site;
• Hack into the account of another user of the Site; or
• Act in any way that could be considered fraudulent.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Contributions
Users may post the following information on our Site:

• Product Reviews.

By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.

Accounts
When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.

Services will be paid for in full upon the completion of the service.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site:

• Credit Card;
• PayPal; and
• Debit Card

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:

• Standard delivery by post. Delivery takes 5-7 business days dependent on Service provider.; or
• IN City Delivery, processed and delivered within 1-2 business days for in stock goods. * Times may vary dependent on demand.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

There are no refunds on special ordered products, items marked as 'FINAL SALE, or Bulk Goods.

I agree the items purchased today were received in good condition. No refunds for damages that were not noted at the time of purchase.

Trees, Shrubs and Evergreens come with a 1 year purchase price warranty. If your tree has not survived the winter, we ask that you wait until the first week of June to redeem your warranty. The receipt value can be used as a Credit for replacement material or other merchandise. All Tree Warranties MUST be accompanied by the plant and the receipt- NO EXCEPTIONS.

Livingstone Outdoor does not warranty against animal, whipper snipper damage or acts of nature including hail, heavy rains, winds, frost and so on plants that were not properly planted in the ground prior to freezing are not covered by our warranty. We will not replace over or under watered plants.

Full Refund for 14 days from purchase on regular priced items with tags attached and in original condition. Any item purchased on sale are only eligible for store credit. Returns are not accepted on the following items: live items (exception listed above), next to skin items, or any item with a strong odor or animal hair. Items with a strong odor or animal hair are not eligible for exchange/credit.

Refunds for Services

We provide refunds for services sold on our Site as follows:

• The services will be fully refunded if the services are cancelled at least 48 hours before the services were scheduled to be provided.

Returns
Returns can be made in person at the following location(s): At our Local store 1610 Byng Ave, Brandon, Manitoba, R7A 7J7. Returns may be arranged for online orders, customer will be responsible for return shipping, and Return will not be processed until the items have been received and confirmed in acceptable condition.

Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
Livingstone Outdoor and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Livingstone Outdoor and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the Province of Manitoba.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Livingstone Loyalty Rewards Program Terms & Conditions

Acceptance of Terms
By enrolling in Livingstone Outdoor’s Loyalty program, you agree to comply with these terms. If you do not agree, please do not use the service.

Eligibility
Only customers who have signed up for Livingstone Outdoor’s Loyalty program are eligible to earn points and redeem rewards.

Earning and Redeeming Points
Points are earned for purchases and specific actions outlined by Livingstone Outdoor. Points can be redeemed as per available reward options, which may change without prior notice.

Program Modifications
Livingstone Outdoor reserves the right to change, suspend, or discontinue any aspect of its Loyalty program at any time, including point values and redemption options.

Account Termination
We reserve the right to terminate or suspend your account for violation of these terms or any fraudulent activity.

Limitation of Liability
Livingstone Outdoor and its affiliates are not liable for any direct, indirect, or incidental damages related to the use of the service.

Contact Information
For additional questions, please contact us at [email protected]

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. 

Contact Details
Please contact us if you have any questions or concerns.

Our contact details are as follows:

• Phone: (204) 578-5131
• Email: [email protected]
• Store Address: 1610 Byng Ave, Brandon, Manitoba, R7A 7J7

You can also contact us through the feedback form available on our Site.

Effective Date: 1st day of January, 2021

Revised: November 22, 2024