Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from silvercreeknursery.ca  (the “Site”). 

 

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information”.

 

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

- Communicate with you;

- Screen our orders for potential risk or fraud; and

- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

 

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

 

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

 

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at zack@silvercreeknursery.ca or by mail using the details provided below:

 

Silver Creek Nursery Ltd., 2343 Gerber Rd., RR 1, Wellesley ON N0B 2T0, Canada

Ordering, Changing or Cancelling Orders, Refund Policy & Shipping Policy

Policies

Steps to making an order of bareroot plants

1) Know what you want: Do a little research to learn what bareroot trees look like, how to plant them and where, etc. If you are unsure where to start, scroll down to see important considerations in choosing your first tree(s), or take Susan Poizner's course Researching Fruit Trees for Organic Growing Success here. Fruit trees and perennial plants are an investment, and it really pays off to do it right the first time!

2) Order through our website: Once you fill your cart, check a box on the bottom left side below the 'notes' section of the cart page to indicate when you want the order. You must also check the box on the right indicating you understand the terms and have done the necessary research. You can then complete your order by either paying immediately via credit/debit card or online payment services such as Paypal, or selecting pay later if you wish to pay upon pick-up, send an e-transfer or cheque, etc. You are welcome to make your payment anytime between placing the order and picking it up/prior to shipping in spring.

3) Ensure your order is confirmed: Upon confirming your order, you will receive an invoice through email with a four (4) digit invoice number. If the invoice is a draft, indicated by a 'D' in front of the number, you order is not confirmed and you have likely missed the payment step outlined above! Once your order is confirmed, we will prepare it in early spring.

Note: Try as we might to have 100% accurate inventory counts, inevitably things happen due to a miscount, a breakage, etc. In the event something about your order must change, we will contact you and work out an alternative solution. Changes due to short stock on our end are exempt from any fees as described in the 'Cancelling or Changing you Order' section.

If you are interested in ordering 100+ plants, check out our section on "Quantity Discounts & Wholesale"

Changing or Cancelling your Order

Changing Your Order Once it is Confirmed

To change your order, please email sales@silvercreeknursery or call 519-804-6060 with your request. We are happy to add plants to your order at any time up until your order is being boxed up to ship out. If you want to remove plants from your order, you can do so at no cost if your order has not yet been processed.

If you want to remove a plant from your order or swap a plant out for a different variety and we have already begun processing/picking you order (which we do as early as November for fall orders and December for spring orders), there is a $25 or 10% (whichever is higher) restocking fee for any item(s) removed from the order. Additionally, if a refund is due from removing items and you have paid via credit card or Paypal, a 5% fee is applicable to the difference to cover the associated fees as we pay a fee for both transactions.

Cancelling Your Order/Items on Your Order

To cancel you order, phone or email us. If your order has not been processed (we begin processing fall orders in November and spring orders as early as December) and has not been paid, we can simply cancel the order.

If you have paid via credit card or PayPal and we have not begun processing your order, a 5% fee will be applied to cover the transaction fees on our end, but the remainder of the order will be refunded and the order cancelled.

If you paid via e-transfer, cheque, or cash, and we have not begun processing the order, we will refund the order fully and cancel it.

If we have begun processing the order and you wish to cancel, a $25 or 10% (whichever is higher) restocking fee will be applied along with the credit card fee if applicable. 

If you have paid a 25% deposit to hold the order and decide to cancel it afterwards, the deposit will not be refunded. The restocking and cancellation fees will be charged in addition to the 25% deposit. 

Unfulfilled Orders at the End of the Season

 If you have not picked up your order from us or failed to pay for an order that was being shipped by the end of the spring sales season (ends late May) then your order will be cancelled automatically. If an unfulfilled order was paid for earlier in the season, it will only be refunded upon request and any relevant cancellation and restocking fees will be applied. If a 25% deposit was paid on the order, it will not be refunded and any fees incurred will be in addition to the deposit.   

Refund Policy

An old farming adage goes, "Where there is livestock, there is deadstock." Plants are no different and one of the challenges of selling dormant plants is that it is sometimes impossible to tell if a tree is dead (or will leaf out then die) due to dry roots or winterkill.

We do our best to provide excellent quality plants, however there are always a small percentage of trees that are just not able to properly break dormancy and thrive; in the event that this happens to you, please let us know! Due to the nature of nature, we cannot guarantee a tree will overwinter in your location, as outlined below.

Bareroot Peach Trees
We are very pleased to be able to offer peach trees to our customers. They are both challenging and rewarding plants to grow. However, due to the unique challenges of growing peach trees, and the increased care required for their success, we regrettably cannot offer our standard 90 day guarantee on peaches. Please inspect your peach trees to your satisfaction when you pick them up at the nursery, or immediately upon arrival if they are shipped. For shipped trees, make your claim within 7 days of receipt of the trees. After 7 days of receipt, you will have been deemed to have accepted the trees in as-is condition.

All Other Bareroot Nursery Stock
We guarantee that nursery stock is in living condition at the time of receipt by you, the customer. Much of our nursery stock is sold in a dormant condition and it may take some time to show signs of life after planting. Please allow at least 45 days after purchase for dormant plants to leaf out.

However, if your nursery stock is dead or unsatisfactory, please submit your claim to us within 90 days of the invoice date. We request photos before honoring a claim. For wholesale orders, losses below 5% will not be considered. 

All other claims deemed reasonable at our discretion will be issued a replacement or store credit in the amount of the purchase price, SHIPPING COSTS EXCLUDED. This store credit can be used towards any purchase from us. There are a lot of variables involved with living plants, and under certain circumstances we may offer complete refunds when it appears that we have an issue with an entire batch of plants.

We try to be fair and understanding, but we simply cannot offer a one-year guarantee or any guarantee of a plant's ability to overwinter in your location. Unlike potted trees, most of our nursery stock is quite tender, and requires some degree of diligence on your part to maintain its health and prepare the plants for winter. Therefore, we limit claims to 90 days from invoice date.

Potted Nursery Stock
Potted plants may be exchanged or returned for a full refund within 3 days of purchase, provided that they are not dehydrated and have not been removed from the nursery container. After 3 days, the same policy applies as for Bareroot Nursery Stock below.

Other Products
All other non-perishable and non-plant products are sold with a 30 day refund policy, excluding shipping costs. To qualify for a refund, products must be returned to us in complete condition.

To make a claim email sales@silvercreeknursery.ca with a description of the problem and at least one photo that clearly shows what is going on.

Shipping Policy

Overview: Every spring we ship thousands of trees across Canada, and there is usually a smaller shipping season in the fall too, weather permitting. Shipping live plants is not without challenges. We do our best to ensure the trees are packaged for success: the roots are bundled in damp sawdust, bagged, then boxed, limbs carefully tucked in. We ship on Mondays, and sometimes Tuesdays, to ensure the trees have as long as possible to reach their destination before the weekend, so they don't get stuck in a post office. Upon receiving mail order plants, open immediately, check the sawdust is still damp around the roots, and then store in a cool dark location until you plant. Preferably, plant them the same day they arrive but they can be stored for a few days.

Do you ship bareroot plants? How?

Yes! Your bareroot plants are bundled together in a plastic bag that is filled with damp sawdust to keep the roots moist while in transit. They are then securely fastened inside a box and sent to you as soon as they are packaged up and the weather is suitable for planting. Your bareroot plants are dormant when we send them to you, so they will not have any leaves. 

Please note that we may prune some trees back if they are slightly too large to fit safely in a box. This prevents breakage while in transit and can prevent shipping fees from increasing by as much as $30 if we can avoid having to pack them in a larger box. Any pruned trees will still be the same grade as was purchased. 

When do you ship bareroot plants?

We primarily ship out bareroot plants in the spring although there is a small shipping window in the fall as well. 

Fall: We only ship bareroot apples and pears in the fall since they tend to be hardier than our other plants. Fall orders will generally ship out around mid-November, although the exact timing will vary year to year since we need to wait for the plants in our field to go dormant before we can dig them. 

Spring: We ship plants every Monday between mid/late March to late May. Your order will ship out when planting conditions in your area are suitable and will notify you ahead of time that your order has been scheduled for a specific shipment. Orders placed during the spring season may see a one or two week delay before being shipped out since this is a very busy time of year for us. 

How long does shipping take and will my plants be okay?

On average, plants will arrive within 2-5 days although shipments in southern Ontario may arrive in as little as 1-2 days. As long as your plants arrive within a week, they should not have any health issues and are ready to be planted in the ground! 

Do you ship potted plants?

No, we do not ship our potted plants. The pots are too heavy and bulky for us to ship them economically, so they are only available for pick-up. 

Why is shipping expensive?

Due to the size of the trees, shipping is automatically fairly high to cover the cost of shipping such large boxes. With the advent of COVID-19 and increasing inflation, shipping rates have also been increasing. While we do what we can to fit as many plants as we safely can into one box, there is only so much we can do to minimize shipping fees.

Can shipping fees change once the order is packaged?

Yes, the shipping fees included on your order are only an estimate and actual fees may vary. Sometimes plants are larger or bulkier than expected and a larger box may be needed or shipping fees are simply higher than estimated. 

If shipping fees have gone up significantly, we will send an invoice with the outstanding balance and will request that you cover the amount before we ship out your plants. Likewise, if we overestimated your shipping fees we will happily send a refund for the difference. 

What services do you ship with?

We ship out our plants with several different couriers including Canpar, FedEx, Purolator, and UPS. We factor in both cost and shipping time when deciding which courier is best suited to deliver your plants! If you want us to ship with a specific courier, please let us know. 

We will ship with Canada Post if you live in a rural or exceptionally far location where other couriers are either unreliable or too expensive. If you prefer we ship with Canada Post or if you would like to see a quote, please let us know.

Can I request delivery to my back door or other specific location?

Yes, you can request specific delivery instructions through the shipping provider once you receive tracking information.

Canpar: https://www.canpar.com/en/support/faqs.htm
Canada Post: https://www.canadapost-postescanada.ca/cpc/en/support/kb/receiving/mail-delivery/set-a-delivery-preference-canada-post?ecid=sem_102&gclid=CjwKCAiAr4GgBhBFEiwAgwORrVxyTA7-onsVi79psO4nM7FOj9AG7npY6g_3T3u4gHpH4wDQWYAGyhoC8nAQAvD_BwE&gclsrc=aw.ds
FedEx: https://www.fedex.com/en-us/customer-support/faqs/receiving/how-to-add-delivery-instructions.html

What provinces/territories do you ship to?

We ship to every province with some exceptions for British Columbia and can ship to the Territories upon request. 

Orchard supplies and hard goods like books can be shipped to the US if desired.

What can be shipped to BC?

We unfortunately cannot ship Malus, Pyrus, Cydonia, Prunus or Vitis species to BC as these species need to be fumigated in order to cross the Rockies according to CFIA. The fumigation process takes a lot of time to set up and can easily cost over $1000 per order which makes it unfeasible for us and too costly for customers.

All other plants can be shipped to BC!

Do you ship to the United States and/or outside Canada?

We do not ship plants outside of Canada. The paperwork simply takes too much time for our small team to manage.

Orchard supplies and hard goods like books can be shipped to the US if desired.

What do I do if my plants arrive in poor condition?

If your plants are not looking healthy when they arrive, immediately let us know and send us pictures. We are happy to help however we can to nurse your plants to full health and will arrange compensation based on our guarantee HERE.

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from silvercreeknursery.ca  (the “Site”). 

 

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information”.

 

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

- Communicate with you;

- Screen our orders for potential risk or fraud; and

- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

 

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

BEHAVIOURAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

 

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

 

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

 

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at zack@silvercreeknursery.ca or by mail using the details provided below:

 

Silver Creek Nursery Ltd., 2343 Gerber Rd., RR 1, Wellesley ON N0B 2T0, Canada