‌Effective Date: March 26, 2026‌

‌Last Updated: March 26, 2026‌

‌1. Introduction & Agreement‌
Welcome to ‌TAK GARDENING INC.‌ (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms,” “Agreement”) govern your access to and use of our website, ‌www.takgardening.com‌ (the “Site”), and any related services, content, features, applications, or purchases offered by the Company. By accessing, browsing, or using the Site in any manner, including making a purchase, you (“User,” “Customer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, Refund & Returns Policy, and Shipping Policy (collectively, the “Policies”). If you do not agree to all of these terms and conditions, you must immediately cease all use of the Site.

These Terms constitute a binding legal agreement between you and TAK GARDENING INC., located at 96 Trayborn Drive, Richmond Hill ON L4C 4K7, Canada.

‌2. Modifications to the Terms‌
We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. The “Last Updated” date at the top of this page will indicate when changes were made. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes.

‌3. Eligibility & Account Registration‌
To use certain features of the Site or make a purchase, you may be required to register for an account. You represent and warrant that:
a) You are at least 18 years of age or the age of majority in your jurisdiction of residence.
b) All registration information you submit is truthful, accurate, current, and complete.
c) You will maintain the accuracy of such information and promptly update it if necessary.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

‌4. Products, Orders, & Pricing‌
a) ‌Product Information:‌ We strive to display the colors, images, and descriptions of our gardening products as accurately as possible. However, we cannot guarantee that your device’s display of any color will be accurate or that product descriptions are error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
b) ‌Pricing:‌ All prices are listed in US Dollars (USD) or Canadian Dollars (CAD) as indicated and are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. We are not responsible for typographical errors regarding price or any other matter.
c) ‌Order Acceptance:‌ Your placement of an order constitutes an offer to purchase. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or issues identified by our fraud detection systems. We will send you a confirmation email once your order is accepted. Any order confirmation is subject to our verification and does not signify final acceptance.

‌5. Payment Terms‌
We accept major credit cards (Visa, MasterCard, American Express) and other payment methods as displayed at checkout. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and shipping fees). In the event we must pursue collection of unpaid amounts, you agree to be responsible for all associated collection costs, including legal fees.

‌6. Shipping & Delivery‌
All orders are subject to product availability and our acceptance. Shipping times, costs, and policies are detailed in our separate Shipping Policy, which is incorporated into these Terms by reference. We are not liable for any delays in delivery that are caused by events beyond our reasonable control (e.g., carrier delays, severe weather, acts of God).

‌7. Returns, Refunds, & Exchanges‌
All sales are subject to our Refund and Returns Policy. We emphasize that ‌refunds are processed only upon the receipt and inspection of the returned physical item(s) at our designated facility‌. “Refund only” requests without a corresponding product return are not permitted. Please review our Refund and Returns Policy in detail before making a purchase.

‌8. Intellectual Property Rights‌
The Site and its entire contents, features, and functionality (including but not limited to text, graphics, logos, images, photographs, icons, video, audio, software, and the overall design) are owned by TAK GARDENING INC., its licensors, or other providers and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.

‌9. User Conduct & Prohibited Uses‌
You agree not to use the Site for any unlawful or prohibited purpose. Prohibited activities include, but are not limited to:

  • Violating any applicable laws or regulations.
  • Infringing upon our or any third party’s intellectual property rights.
  • Engaging in any harassing, threatening, abusive, defamatory, or obscene behavior.
  • Uploading or transmitting viruses or any other malicious code.
  • Using any robot, spider, or other automated means to access the Site for any purpose without our express written permission.
  • Interfering with or disrupting the Site or servers/networks connected to the Site.

‌10. Disclaimer of Warranties & Limitation of Liability‌
a) ‌Disclaimer:‌ THE SITE AND ALL PRODUCTS AND SERVICES OFFERED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TAK GARDENING INC. DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
b) ‌Limitation of Liability:‌ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAK GARDENING INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCTS PURCHASED, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

‌11. Indemnification‌
You agree to defend, indemnify, and hold harmless TAK GARDENING INC., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.

‌12. Governing Law & Dispute Resolution‌
This Agreement and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Richmond Hill, Ontario, for the resolution of any disputes.

‌13. Severability‌
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

‌14. Contact Information‌
For any questions about these Terms of Service, please contact us using the official company information below:

  • ‌Company Name:‌ TAK GARDENING INC.
  • ‌Website:‌ www.takgardening.com
  • ‌Official Email:‌ sclerety@takgardening.com
  • ‌Business Address:‌ 96 Trayborn Drive, Richmond Hill ON L4C 4K7, Canada
  • ‌Telephone:‌ +1 416 878 9791
  • ‌Office Hours:‌ Monday – Friday, 10:00 AM to 9:00 PM Eastern Time.